HomeMy WebLinkAboutPACIFIC INSTITUTE, THE 1 -2003N-2003-056
INSURANCE N~O'~ ON FILE
WORK MAT NO___T_T PROCEED
CLERK OF COUNCIL
.~', e.V~ ~'~ AGREEMENT WITH
~l. ~,,rj~ / DATE: 5],~&/03 THE PACIFIC INSTITUTE, INC.
THIS AGREEMENT, made and entered into this 1st day of May~ 2003, by and between The Pacific
Institue, Inc., hereinafter referred to as "CONSULTANT", and the City of Santa Aha, a charter city and
municipal corporation duly organized and existing under the Constitution and laws of the State of California,
hereinafter referred to as "CITY".
RECITALS
CITY has been designated a Local Workforce Investment Ares (LWIA) under the Workforce
Investment Act of 1998, Public Law 105-220 ("the Act").
The State of California has created the LWIA to administer the Act programs operated by the
State of California pursuant to the Act.
The City desires to retain a consultant having special skill and knowledge in the field of
cognitive psychology, to provide a youth seminar "Breaking the Barriers to Success in Life".
D. Consultant represent that Consultant is able and willing to provide such services to the City.
In undertaking the performance of this Agreement Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties agree as follows:
1. TIME PERIOD OF AGREEMENT
This Agreement shall commence as of May 1, 2003 and all services to be performed pursuant to this
Agreement shall be completed on or before June 30, 2003. The term of this Agreement may be extended by
a writing executed by the Executive Director of the Community Development Agency and the City Attorney.
2. INDEPENDENT CONTRACTOR
CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of
CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of
the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes,
unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
CONSULTANT shall not subcontract any of the services required hereunder without prior written
approval of the CITY.
3. SCOPE OF SERVICES
For and in consideration of the hereinafter stated payment by CITY to CONSULTANT,
CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this
Agreement, the services specified in Exhibit A attached hereto and incorporated herein as Exhibit A to this
Agreement.
4. CONSULTANT OBLIGATIONS
A. CONSULTANT agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or require
regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not
limited to, participants' attendance, payroll records and job duty statements.
B. CITY, the State of California and the United States government and/or their
representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S
activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors,
bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or
representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also
include, but are not limited to, questioning employees and participants and entering any premises or onto any
site in which any of the services or activities funded hereunder are conducted or in which any of the records
of CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
In the event CONSULTANT does not make the above-referenced documents available within
the City of Santa Ana, California, CONSULTANT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account are
maintained.
All accounting records and evidence pertaining to all costs of CONSULTANT and all
documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business
for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records
which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance
of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the
United States Government take exception, shall be retained beyond the three (3) years until resolution of
disposition of such appeals, litigation, claims, or exceptions.
C. Without prejudice to any other section of this Agreement, CONSULTANT shall,
where applicable, maintain the confidential nature of information provided to it concerning participants in
accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONSULTANT
agrees to submit to CITY, the State of California and/or the United States Government or their
representatives, all records requested for administrative purposes, including audits, examinations, monitoring
and verification of records submitted by CONSULTANT, costs incurred and services rendered hereunder.
D. CONSULTANT agrees to expend all funds in accordance with all applicable federal,
state and local laws and regulations. CONSULTANT also agrees to provide at CONSULTANT'S own
expense supplies and other costs of said PROGRAM.
E. CONSULTANT shall comply with the provisions of 48 CFR, Chapter 1, Parts 1-31.2,
for commercial organizations and all other applicable federal statutes and executive orders and their
implementing regulations.
F. CONSULTANT shall comply with the provisions of E.O 12549 and 12689, requiring
compliance with the debarment and suspension requirements contained in 29 CFR Part 98.
G. CONSULTANT shall comply with the requirements of federal regulations found at 29
CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract,
grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer
or employee of any agency, member of Congress or an officer or employee of a member of Congress in
connection with awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant,
loan or cooperative agreement. CONSULTANT shall sign a certification to that effect in a form as set forth
in "Exhibit B," attached hereto and by this reference incorporated herein. CONSULTANT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any
obligation arising on the part of CITY to pay any sums to CONSULTANT under the terms and conditions of
this Agreement.
H. CONSULTANT agrees to provide a drug-fi'ce work place and to execute a
certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference.
I. CONSULTANT, in accordance with the Child Support Compliance Act, recognizes
and acknowledges the importance of child and family support obligations and shall fully comply with all
state and federal laws relating to child and family support enforcement, including, but not limited to:
disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its
knowledge is fully complying with the earnings assignment orders of all employees and is providing the
names of all new employees to the New Employee Registry maintained by the Califomia Employment
Development Department (EDD).
5. APPLICABLE GUIDELINES
A. The parties hereto agree that CONSULTANT shall comply with all applicable federal
and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said applicable
laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth
herein.
B. CONSULTANT also assures and certifies that:
1. CONSULTANT shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
2. CONSULTANT shall provide the U.S. Department of Labor and the Controller.
General, by and through any authorized representative, as well as the Santa Ana Local Workfome Investment
Area's Board, access to and the right to examine all records, books, papers or documents relating to the
accounting and use of funds under this Agreement for a three-year period from and after the effective date of
this Agreement.
3. No person with responsibilities in the operation of any program under the
Workfome Investment Act grant shall discriminate with respect to any program participant or any application
for participation in such program because of race, creed, color, national origin, sex, political affiliation or
beliefs.
4. CONSULTANT shall maintain appropriate standards for health and safety in
work and transportation situations.
5. CONSULTANT shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit D" and incorporated herein.
6. Any literature distributed by CONSULTANT for the purpose of apprising
businesses, participants, or the general public of its programs under this Agreement shall state that its
programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall
state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are
available upon request to individuals with disabilities."
7. CONSULTANT certifies that all property, finished or unfinished documents,
data, studies and reports prepared or purchased by the CONSULTANT under this Agreement, will be
disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished
to the CONSULTANT by the CITY and/or purchased by the CONSULTANT with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agreement and will remain the property
of the United States Government and/or CITY. Upon termination of this Agreement, CONSULTANT will
immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the
direction of the CITY.
8. CONSULTANT certifies that this Agreement does not provide
for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any religious
creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the
State of California, regarding separation of church and state.
9. If the grant hereunder exceeds $100,000, CONSULTANT shall be in
compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act
(33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR
Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the
CONSULTANT assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed on the
EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the Director,
Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the
grant is under consideration to be listed on the EPA List of Violating Facilities;
(c) It will notify the CITY and the EPA about any known violation of the above laws and
regulations.
10. CONSULTANT may copyright any work that is subject to copyright and was
developed, or for which ownership was pumhased, under an award. The Federal awarding agency(ies)
reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for
Federal purposes, and to authorize others to do so.
11. CONSULTANT is subject to applicable regulations goveming patents and
inventions, including govermment-wide regulations issued by the Department of Commerce at 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Goyemment
Grants, Contracts and Cooperative Agreements."
6. COMPENSATION
CITY agrees to pay, and CONSULTANT agrees to accept for said services, total compensation in the
amount not to exceed Eight Thousand Eight Hundred Fourteen Dollars ($8,814.00). CONSULTANT will
submit a detailed invoice evidencing services performed. Final payment by the CITY shall be within 30 days
following receipt of said invoice, subject to CITY accounting procedures.
Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing
work performed, subject to City accounting procedures. Payment need not be made for work which fails to
meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
CONSULTANT acknowledges that approval of and funding for this Agreement is contingent upon
State approval, and funds received or obligated from the State of California to CITY. If such approval of
funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONSULTANT. Within
twenty (20) days of receipt of such notice, CONSULTANT shall modify or cease operations as directed by
CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred
hereunder.
7. MISCELLANEOUS PROVISIONS
A. CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of services required hereunder.
B. CONSULTANT certifies that it will not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil
Rights Act of 1964 (P.L. 83-354) and Government Code 12900, et seq.
C. Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully,
including reasonable costs and attomey's fees, for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
D. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
8. HOLD HARMLESS CLAUSE
CONSULTANT agrees to indemnify, defend and hold harmless CITY, its officers, agents,
employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions
and claims filed or brought by any person or persons arising out acts or omissions of CONSULTANT or of
its approved subcontractor or of the officers, agents, employees of CONSULTANT or of its subcontractors in
the performance of this Agreement.
9. INSURANCE
CONSULTANT shall obtain and maintain for the entire term of this Agreement comprehensive
general public liability insurance, in companies acceptable to the City, authorized to issue such insurance in
the State of California. Said insurance shall consist of the following:
a. Commercial General Liability Insurance. CONSULTANT shall maintain in full force and effect,
for the period covered by this Agreement, comprehensive general liability insurance. This comprehensive
general liability insurance shall name the City, its officers, agents and employees as additional insured(s) and
shall include, but not be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act or occurrence arising out
of CONSULTANT's operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured
endorsement in substantially the form attached hereto as Exhibit E upon execution of this Agreement and
shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not
less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned
automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, if CONSULTANT has any employees it is required to be insured against liability for worker's
compensation or to undertake self-insurance. CONSULTANT agrees to comply with such provisions before
commencing the performance of the work under this Agreement.
d. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to
this section:
(i) A certificate of insurance, to be approved in form by the City Attorney, shall be
furnished to the City within 30 days of the execution of this Agreement.
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(ii)
Certificates and policies shall state that the policies shall not be canceled or reduced in
coverage or changed in any other material aspect without thirty (30) days prior written
notice to the City.
e. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the fight, at the City's election, to forthwith terminate this Agreement. Such
termination shall not effect CONSULTANT's right to be paid for its time and materials expended prior to
notification of termination.
10. TERIvlINATION
This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days
written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONSULTANT may not terminate this Agreement if undue hardship will result to any participant.
11. DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question arising
under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and
mail or otherwise furnish a copy thereof to CONSULTANT. The decision of the City shall be final and
conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives
from CONSULTANT written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of California in
accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of
the appeal, CONSULTANT shall act in accordance with CITY's decision unless the dispute involves a
change order.
12.
BREACH - SANCTIONS
If, through any cause, CONSULTANT violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONSULTANT pursuant to this
Agreement, or if CONSULTANT reports inaccurately or if any Audit Report makes disallowances,
CONSULTANT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a
result of CONSULTANT's violation. For any such failures or violations, CITY shall also have the right at its
sole discretion to either: (1) discontinue program support until such time as CONSULTANT fulfills its
obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding
amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after
thirty (30) days' written notice CONSULTANT has failed to repay same or a repayment schedule has not
been made; and/or (3) terminate this Agreement by giving written notice to CONSULTANT of such
termination in accordance the notice provision in Paragraph XVIII herein below.
13. NOTICES
All notices, reports and correspondence between the parties hereto respecting this agreement shall be
in writing and deposited in the United States Mail, postage prepaid, addressed as follows:
7
To City:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
With courtesy copy to:
Santa Ana Work Center
1000 E. Santa Ana Blvd., #200
Santa Ana, CA 92701
Telefacsimile (714) 565-2602
To Consultant:
The Pacific Institute
1709 Harbor Avenue, S.W.
Seattle, Washington 98126
Telefacsimile (206) 587-6007
A party may change its address by giving notice in writing to the other party. Thereafter, any notice,
tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If
sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to
have been given three (3) days after it has been deposited in the United States mail, duly registered or
certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24)
hours after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County
or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
The Agreement represents the complete and exclusive statement between the CITY and
CONSULTANT and supersedes any and all other agreements, oral or ~vritten, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the
CITY and by an authorized representative of CONSULTANT. The parties agree that any terms, or
conditions of any pumhase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate CONSULTANT nor the CITY. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise
have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT,'
CONSULTANT may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the CITY and any such assignment, transfer, delegation or subcontract without the CITY's
prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to
limit the CITY's ability to have any of the services which are the subject to this Agreement performed by
City personnel or by other consultants retained by City.
16. PROFESSIONAL LICENSE
CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the United States, the State of California, the City of Santa Ana and
all other governmental agencies. CONSULTANT shall notify the CITY immediately and in writing of her
inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability
shall be cause for termination of this Agreement.
1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: Lisa E. Storck
Assistant City Attomey
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA, a municipal
corporation of the State of Califomia
City Manager
THE PACIFIC INSTITUTE, INC.
"C~ris Scaffidi, P~oject Director
Tax ID#/SS#: 91-0877927
John P.t"Reekstih, Executive Director
Community Development Agency
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(i~ THE PACIFIC INSITRITE®
Exhibit A
"Breaking Barriers to Success in
Life"
A PROPOSAL FOR
A YOUTH SEMINAR FOR
The Santa Work Center
(i~) ~E PACIFIC IN~®
Chris Scaffidi
Project Director
crsscaffidi~aol.com
Tel: 978-762-0933
( THE PACIFIC ®
The Pacific Institute has 30 years of experience helping nations, organizations and individuals
translate and apply leading cognitive research in order to meet their potential.
Sam Standard, Stanford University Researcher, differentiated The Pacific Institute's process from
commercialized approaches as, "Not reheated 'pop psychology' or charismatic motivation, The
Pacific Institute's empirically validated process relies on the development of specific skill sets
that build efficacy, one's causative power and the ability to exercise control over one's own life."
Habits, beliefs and expectations that have developed as a product of our life's experience can be
the greatest limiting factor in achieving our potential. But research in Cognitive Psychology
shows that these habits, beliefs and expectations can be changed through:
· Guided self-examination
· Gathering insights on effective and ineffective thinking
· Raising expectations
· Providing tools to upgrade automatic responses
These principles form the basis for The Pacific Institute's methodology.
Experience: For almost three decades, in 50 countries and in 15 languages, working with a
wide range of nations, organizations and millions of individuals from around the globe, TPI has
made it's mission the distribution of the knowledge and tools that allow people to take greater
control of their lives and achieve their potential. In this capacity, TPI has been a resource for
over 62% of The Fortune 500, the European Theater of Generals, the governments of Guatemala,
South Africa and N. Ireland with their focus on peace, and with cotmfless public institutions
throughout North, Central and South America.
Credibility: Endorsed by the Canadian and American Psychological Associations, The Pacific
Institute has developed the distinction of being able to successfully place into the "mainstream"
the most useful, tried and proven, concepts for psychological effectiveness ever uncovered.
The Pacific Institute's education has been validated and supported by leading research
psychologists:
· Dr. Albert Bandura (Stanford University)
· Dr. Gary Latham (University of Toronto)
· Dr. Cecil Bell, (University of Washington)
· Dr. Martin Seligman (University of Pennsylvania)
· Dr. Matthew Budd (Harvard University)
· Dr. Glenn Terrell (Washington State University).
The research and resulting education is reconstructed by the TPI curriculum committee into a
complimentary sequence of learning units which are then further customize for specific groups,
organizations and industries by the Project Directors. The result is the latest in Cognitive
Psychology research delivered with a focus and in a form and manner most appropriate to the
organization or audience.
-2
THE PACIFIC INSnTLITE®
Santa Aha Work Center: Rvent Objectives
"Breaking Barriers to Success in Life"
The Pacific Institute (TPI) understands the objective of its work with the Santa-Ana Work Center
is to provide these adolescents and young adults with a survey overview of the habits of thought
which impede success.
Participants will gain knowledge to help them to fulfill objectives in the following areas:
Transitioning towards self-sufficiency
A person who consciously or unconsciously lacks a belief in their ability to be self-sufficient a)
will struggle to benefit from any "hard skills" program offered b) will most likely lack the
motivation necessary to acquire new knowledge. Research also demonstrates that people
resist change. When moved beyond a pta-established a comfort zone, even if the comfort
zone is unhealthy, the brain brain-self-regulates, by blocking performance, impairing thinking
and by causing people to creatively avoid that which may be necessary for self-sufficiency.
By understanding these and other cognitive youth will be empowered perform at higher
levels.
Academic Performance
Cognitive Research demonstrates that peoples' performance matches their self-perception. A
student who believes they are incapable of succeeding in a certain subject sets him or herself
up for failure. By understanding the thought processes that impede or accelerate success,
participant will increase their chances of performing at their potential.
Motivation and Self Esteem
Because the expectation of success tends to be very limited for "at risk youth" the desire to grow
in a given area is often lacking. Participants will be given the tools needed to raise the
awareness of their true potential thereby increasing his or her desire to grow or improve.
Leadership and Independence
At the very core of leadership development is a high sense of Efficacy (ones causative po~ver or
ones belief in their ability to bring about effective change) and Self-confidence. Participants
will be equipped with the tools to raise their own efficacy levels.
Establishing and Maintaining New Goals
Because the brain self-regulates and is resistant to change, a person who has established habits of
failure will often find it difficult to stick to a new goal whether it is academic or professional.
By understanding how the mind self-regulates and how to assimilate new goals, participants
will be better equipped to establish and maintain their goals.
Decision Making
Decisions are often based on what has occurred in the past, not on what could be. People often
make their decisions based on previously stored information about themselves or their
abilities. When self-efficacy and self-confidence are low, we often settle for less. If the
information we have about ourselves is inaccurate, negative or limiting, their choices will
follow a similar pattern. By understanding the relationship between efficacy levels and
decision making, participants will be empowered to make more effective choices about their
lives and futures.
(i~ THE PACIFIC IN~®
Santa Aha Work Center: Presentation Approach
"Breaking Barriers to Success in Life"
Entertain - Engage - Inform - Reinforce
Youth events thrive on energy and the combination of entertainment and information. We will
produce an event that delivers an introductory knowledge of the identified concepts through Key
and Supporting facilitation.
Mike Lucey and Chris Scaffidi will be the Key facilitators and introduce the core concepts
through out the event
The presentation of each concept will then be supported in breakout sessions of smaller groups
facilitated by the three other TPI Project Directors with exercises to reinforce the concepts,
engage the participants and start the process of visualizing the affect of the concept on their lives.
Potential Topics Addressed in Seminar
· How beliefs about ourselves limit our success.
· How are beliefs formed and are they worth believing?
· How Self-Talk and Thinking can help or Hurt us.
· How do you move outside of your Comfort Zone.
· How do we Motivate ourselves.
· How do we change beliefs and set goals that last.
It is assumed that we will deliver this curriculum in a half-day format. We will extend the
program to cover more advanced application and retention techniques at no extra cost to the Santa
Aha Work Center.
This event will be produced for a fixed fee of $8,414
Expenses are included in the fee.
Santa Ama Work Center will be responsible for securing an appropriate venue. Specific
recommendations for technical and material needs will be made at a logistics-planning meeting.
Exhibit B
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1)
No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an 9fficer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contracts, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2)
If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3)
The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
agreements) and that alt subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more that $100,000 for
each such failure.
The Pacific Institute, Inc.
WIA Youth
Grantee/Contractor Organization
Name ~'~//~
Chris Scaffidi, Project Director
Exhibit C
Certification Re.qardinq Druq-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed by the
U.S. Department of Housing and Urban Development in awarding the grant. If it is later
determined that the contractor knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban
Development, in addition to any other remedies available to the Federal Government, may take
action authorized under the Drug-Free Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a)
Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited
in the contractor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about -
(1)
(2)
(3)
(4)
The dangers of drug abuse in the workplace;
The contractor's policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee assistance
program; and
the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c)
Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by paragraph
(a);
(d)
Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the contract, the employee will -
(1)
(2)
Abide by the terms of the statement; and
Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction.
(e)
Notifying the U.S. Department of Housing and Urban Development within ten days
after receiving notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction;
Pg. 2
(f)
Taking one of the following actions, within 30 days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted -
(1)
(2)
Taking appropriate personnel action against such an employee, up to and
including termination; or
Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
(g)
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code), the contractor further
certifies that, if it is subsequently determined that additional sites will be used for the
performance of work under the contract, it shall notify the U.S. Department of Housing
and Urban Development immediately upon the decision to use such additional sites by
submitting a revised "Place of Performance" form.
Chris Scaffidi, Project Director
DMSION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name:
The Pacific Institute, Inc,
Name of Contractor:
Contractor Number:
Date: May 1,
The Pacific Institute, Inc.
20O3
The Contractor shall insert in the space provided below the site(s) expected
to be used for the performance of work under the contract convered by the
certification:
Place of Performance (include street address, city, county, state, zip code
for each site):
220 S. Daisy Ave., Bldg. A (City Yard)
Santa Aha, CA
Exhibit D
Subcontractor agrees that in addition to those agreements and obligations
specified in the contract boiler plate and scope of work, it will also adhere to and
obey the following provisions, assurances, and certifications.
ARTICLES
1)
Subcontractor assures and certifies that where applicable, classroom
training instructors are properly credentialed, and training curriculums
comply with State Education Codes.
2)
Subcontractor assures and certifies that any requested modification to this
agreement must be submitted in writing, explaining requested changes
and rationale. Subcontractor further assures that no modification will be
implemented without prior written approval from the Santa Ana WORK
Center.
3)
Subcontractor agrees to cooperate with any monitoring, inspection, audit,
or investigations of activities related to this agreement as may be
scheduled and conducted by the Santa Aha WORK Center or the County
of Orange TANF Summer Youth Program.
4)
Subcontractor agrees to acknowledge (given credit) the Santa Aha WORK
Center and the County of Orange as the source of funds in all oral
presentations, written document, publicity, and advertisements regarding
any activities that ensue from this agreement.
ACORD.. CERTIFICATE OF LIABILITY INSURANCE
04/16/2003
PRODUCER
A.T3. AGENCY, INC.
1022 NE. 65TH ST.
SEATTLE, WA 98115
206-522-9200
THE PACIFIC INSTITUTE, INC.
P.O. BOX 84208
SEATTLE, WA 98124
THtS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURERA: AMERICAN STATES INSURANCE CO.
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT{FICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND T OHS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
PO LICY EFFECTIV~
COM M ERCIAL GENERAL LIABILIT'i' 02-CC-202232-3 02/04/03
GEN'L AGGREGATE LIMIT APPLIES PER:
AUTOMOBILE LIABIMT~
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
H~RED AUTOS
NON,OWNED AUTOS
02-CC-202232-3
GARAGE L~ABILITY
ANY AUTO
OCCUR [] CLAIMSMADE 01-SU-102425-30
RETENTION $ 10,000
02/04/03
02/04/03
POLICY EXPIRATION
02/04/04
02/04/04
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFiCER/MEMBER EXCLUDED?
02/04/04
LIMITS
1,000,000
200,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000
10,000,000
10,000,000
1,000,000
1,000,000
2,000,000
OTHER
APi i.~ .... .. ,',5 fO FORM
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS C_~/, .~~ ./.,,
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. "~i. )../-¢~C ?
D~putv City AL orney
CERTIFICATE HOLDER CANCELLATION
CITY OF SANTA ANA
ATTN: ANNABELLE BATES
1000 E. SANTA ANA BLVD., SUITE 220
SANTA ANA, CA 92702
ACORD 25 (2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
MAY-87-2883 87:55
ADDITIONAL INSURED ENDORSEMENT
Insurance Company ~.menCa Ecnnomv Insuranc~ ~:omoany
This endorsement modifies such insurance aa is afforded by the provisio~ls o~ Policy
- -~ relating to the fOllowing:
1 The City of Santa Aha, 20 Civic Center Plaza, Santa Ana, CalifOrnia 92701;
its officem, employees, agents and volunterrs are named as additional insun.~ds with regard to
liability ami defense of suitS arising from the operations and uses performed by or on behalf
of the named insured.
2. With respect to claims arising out of the operations and uses performod by
or on behalf of the named insured, Such insurance as is afforded by this policy is primary
and is not additional to or contributing wih any other insurance carried by or for the benefit
of the additional insureds.
3. This insurance applies seperataly fO each insured against whom claim is
made or suit is brought except with respect fO the company's limits of liability The inctusion
of a~y person or organization as an insured shall not affect any right which such person
or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be canceled,
or materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Aha. 20 Civic Canter Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this erldorsement
effect~e.}
Effective
Policy# 0- -~
Issued to ~
Named Insured
February ztt~1 20{33 - Februan~ 4th )004 this endorsement form as part of
Countersigned by
r £
APPROVE;;' \?; i':': ~ ,)RM
.......¥ ------
,~ ,
TOTAL P. 132