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HomeMy WebLinkAboutBOYS AND GIRLS CLUB - 2003L �Z AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M -30). Call 647 -6520 if you have any questions. The agreement with �(� 1 f/�� lai d A- �03 ,Z9,2 - (3) to was completed on Revised 4 -16 -87 and final payment has been made. Department: f agT ,YG Signature: w Tu r2-1 Date: /—e,? c O C. City of Santa Ana Clerk of the Council INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES Contract No. 1 2 -dO -Oj CLERK OF COUNCIL, DATE. 1-2- /i �-/a3 A- 2003 -252 AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT Call LA` J THIS AGREEMENT, made and entered into this I't day of October, 2003, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Boys & Girls Club of Santa Ana ( "CONTRACTOR/PROVIDER "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" as the Proposal. "Exhibit B" as the Program Activity Plan. "Exhibit C" as the Statement of Work, attached hereto and by this reference incorporated herein: Boys & Girls Club of Santa Ana WIA Youth Service / In- School Youth Career Prep an Academic and Pre - Employment Development Program CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. " C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA ", attached hereto as "Exhibit D" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terns and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. Page 2 of 15 H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR 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 CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the SAWC Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Enrollment/Registration form (WIA EWIE) within 5 days of approval of WIA Youth Application; Workforce Investment Act Goals (WIA EWIG) within 15 days of enrollment date; Workforce Investment Act Exit (WIA EWIT) within 10 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Information (WIA EWIF) within 10 days following 30, 60, 90,180, 270, and 360 days of placement. 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 CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR 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 CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, 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. J. Without prejudice to any other section of this Agreement, CONTRACTOR 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, CONTRACTOR 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 CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on Page of 15 CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR 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. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit E," attached hereto and by this reference incorporated herein. CONTRACTOR 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 CONTRACTOR under the terns and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit F" attached hereto and incorporated herein by this reference. R. CONTRACTOR, 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. Page 4 of 15 S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed Fifty -five thousand, seven hundred fifteen Dollars ($55,715) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. C. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on October 1, 2003 and all duties arising under this Agreement shall have been performed by June 30, 2004. 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. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 5 of 15 V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and 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. CONTRACTOR also assures and certifies that 1. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 2. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 3. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 4. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, 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. 5. No person with responsibilities in the operation of any program under the Act 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. 6. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 7. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit H" and incorporated herein. Page 6 of 15 8. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR 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." 9. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased 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 CONTRACTOR by the CITY and/or purchased by the CONTRACTOR 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, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 10. CONTRACTOR 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. 11. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 12. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items,patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright -able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive Page 7 of 15 and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 13. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply 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 CONTRACTOR 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. Page 8 of 15 CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. Page 9 of 15 VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY. Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of Page 10 of 15 cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. A certificates of insurance with a fully executed additional insured endorsement in substantially the same form as attached hereto as Exhibit I must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATESTATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. Page 11 of 15 If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR 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 CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION 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, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. XVI. 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 CONTRACTOR. 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 CONTRACTOR written request to appeal said decision. Page 12 of 15 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, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. 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: and, CITY: City of Santa Ana WIB Administrative Office P.O. Box 1988 -M -73 Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 CONTRACTOR: Boys & Girls Club of Santa Ana 950 E. Highland Street Santa Ana, CA 92703 (714) 5652636 Page 13 of 15 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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 attorney'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. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 14 of 15 IN 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: BY: , � Joseph W. Fletcher City Attorney RECOMMEND FOR APPROVAL: Jobj. Reekstin Executive Director CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: David N. Ream City Manager Boys & Girls Club of Santa Ana BY:�� —c�a� N e: John F. rewsM T le _Execuf e Director Tax : 051ga3W7 Page 15 of 15 PROGRAM NARRATIVE Original proposal is included for reference (Exhibit A) Program Year 2003/04 Work Plan (Exhibit B) Statement Of Work (Exhibit Q Supplemental Information The Santa Ana Youth Council's 2004 Plan is to maintain all providers within the Youth Service Provider Network delivering the same program as specified in their proposal, Exhibit A. Therefore a new RFP was not released. In place, providers submitted a revised Work Plan establishing 2004 Enrollment Goals and Performance Outcomes, Exhibit B. Exhibit A Prepared for the Santa Ana Workforce Investment Board Please answer each question as concisely as possible About the Program Executive Summary Which WIA population will the program recruit and serve? The Boys & Girls Club of Santa Ana (Club) will provide the Career Prep program . to in- school youth between the ages of 14 -1 B. In addition, program participants will be identified as legal U.S. Santa Ana City residents and from families with low annual incomes. Indicate how many participants to be served. The program will serve a minimum of 120 youth. Indicate which of the 10 WIA elements the program will address. The Career Prep program will provide youth with three of the ten WIA elements. These elements are: #3 (summer employment opportunities), #4 (paid and unpaid work experiences), and #6 (leadership development opportunities.) Indicate planned outcomes. 120 youth ages 14-18 will be tested in ascertaining Basic Skill Levels using current TABE materials and standards. • 20 youth will participate in summer employment for ten weeks. • 40 youth will successfully complete unpaid work experience for five weeks. • 20 youth will complete Office Smart training, resulting in participant employability in an office environment. • A minimum of $0 youth between the ages of 16 -18 will successfully complete Job Ready and Career Launch pre - employment training. • At least A0 youth between the ages of 14 -15 will complete the Career Explorers Club program. Describe the basic program approach. (workshop /classroom /in the community) Since we began providing this program four years ago, the basic program approach of Career Prep has developed and changed. It is designed to be flexible to participant interest and needs. Program components of Career Prep are both flexible in the locale and in the delivery of the service. Our Program Managers have provided the program in classroom settings during designated class time and in after - school programs at schools and at the Boys & Girls Club. While most of the program workshops will take place in classroom -like settings, many elements included in the training are not. Participants will engage in special field trips, guest speakers, career and job fairs, computer based learning, group presentations and role - playing. Main Purpose of Program What is the organization Mission Statement? The mission of the Boys & Girls Club of Santa Ana is to promote the positive and healthy development of youth, especially those from disadvantaged circumstances by providing services that build the skills, civility, and self - confidence necessary to succeed in a competitive world. Indicate what the program will accomplish. The Career Prep program is made up of several components, designed to provide age- appropriate, needs -based employment and career training. The program will accomplish the following: • A minimum of 8, youth ages 16 -18 will successfully complete the Job Ready pre - employment training. Youth will acquire skills and knowledge for entry-level employment in 11 specific competency areas (please see attachment F) identified by the Department of Labor as critical to employment success. At the same time, they will develop appropriate job attitudes and behaviors while establishing specific steps and actions towards career goals. In addition, participants will be provided with Career Launch, an added piece of the Job Ready program that promotes computer -based learning and exploration. �J • A minimum of 90 youth ages 14 -15 will successfully complete Career Explorers Club, designed to help young teens explore key occupational areas, assess their own interests and abilities, and develop tentative occupational plans. O • k(youth will be placed in subsidized summer employment for 20 hours a week for 10 weeks. !i L) c Y.. • /Youth will take part in non -paid work experience for 10 hours a week for five weeks. Upon successful completion of the work experience, participants will receive a stipend award. • 7dyouth, with an identified interest in Windows application learning will participate in Office Smart. Participants will develop a basic set of computer skills and knowledge that are applicable and transferable to a wide range of work experiences and will also receive a stipend upon successful completion. What is the length of the program? Each program component varies in length. Typically, the Job Ready component concludes after six to eight weeks of training. The Career Explorers Club is an eight -week program. Summer employment will continue for ten -weeks and participants will perform in non -paid work experiences for five weeks. The Office Smart component lasts approximately six weeks. With exception to summer employment, each component will be continually provided to participants throughout the year. How often will the WIA participant need to attend the program? How often a participant attends the program depends upon the Career Prep component in which they are involved. Typically, Job Ready /Career Launch participants take part in workshops two to three times each week, or at least three hours a week for six to eight weeks. Participants are not graduated from the program until they have successfully completed a post- assessment, 0 employment applications and a resume. For some youth, this process may take more time, more instruction and assistance from staff. The Career Explorers Club is made up of approximately 24 sessions, each approximately 60- minutes long. Participants will attend three times each week. Summer employment participants will work 20 hours a week for ten weeks. In addition, participants will simultaneously attend Job Ready/Career Launch training, resulting In an additional three hours of training for six to eight weeks. Work experience participants will spend 10 hours a week for five weeks "on the job." Participants will have already successfully completed Job Ready /Career Launch or the Career Explorers Club training. Office Smart participants will also have successfully completed either Job Ready/Career Launch or the Career Explorers Club training. Office Smart training will take place in two 60- minutes sessions a week for six weeks. Program elements will be conducted during mornings, afternoons, evenings, and on Saturday. What is the ratio of adult interaction to WIA participant? A maximum ratio of 12 youth to 1 staff will be observed throughout the duration of each program component. What is the frequency of adult interaction with WIA participant? The frequency of adult interaction varies by program component and individual participant needs. As mentioned previously, some youth need additional instruction in order to positively complete programs. At a minimum, Job Ready/Career Launch participants will spend approximately IS hours interacting 5 with program staff. Career Explorers Club participants will spend a minimum of 24 hours in instruction. Summer employment and non -paid work experience participants will receive daily feedback from their supervisors. Office Smart participants will work closely with program staff for at least 12 hours. Staff regularly make themselves available to participants in order to provide extra assistance. Goals /Objectives and Performance Levels How many WIA youth will the program serve this year? The Career Prep program will serve a total of 120 different WIA youth, ages 14- 18 years old throughout the year. Which WIA program element will you offer? The Boys & Girls Club of Santa Ana will offer three of the ten WIA elements. These elements are: #3 — summer employment opportunities, #4 — paid and unpaid work experiences, and #6 — Leadership development opportunities. The Career Prep training, including Job Ready /Career Launch, Career Explorers Club, and Office Smart components are included in element #6. How will service(s) be deemed necessary? Services will be deemed necessary by following WIA eligibility youth profile criteria. All youth recruited for the program will meet eligibility by being low income, Santa Ana and U.S. residents, by meeting age requirements, and by meeting one or more other criteria that according to WIA standards pose a barrier to employment. rl How will recruitment be coordinated with program activities? Since the Club began providing Career Prep in 1998, effective recruitment has been critical to success and has resulted in the participation of 375 youth. Recruitment will continue to be critical to the success of both the Career Prep program and the overall Youth Service Provider Network. Recruitment will be continuous throughout the program. An Outreach Worker will be hired and trained to work closely with the Program Managers of the Career Prep program. The Outreach Worker will regularly communicate to the Program Manager relevant issues concerning outreach initiatives so that the program may eliminate any barriers to youth participatio For exam , if the Outreach Worker were to gather ten high school students who qualify for the program from Valley High School, efforts would begin to gain access to Valley in order to provide Career Prep to the participants at their school, thus eliminating a potential transportation barrier. Additionally, the Outreach Worker will communicate regularly with other WIA service providers. If a youth is recruited to participate in the Career Prep program and the next program cycle does not begin for a few weeks, the Outreach Worker would work with other service providers in order to begin delivering WIA services to that youth. How will current services meet the needs of the WIA performance standards? The Career Prep program will help to meet the needs of the WIA performance standards by providing career exploration, pre- employment training and paid and unpaid work experiences that will directly reduce participants' barriers to employment. In addition, all participants will be Basic Skills tested using TABE materials. Will the participant receive a certificate of completion or accomplishment for participation? Directly following the completion of a program component, participants will receive a certificate of completion at a "graduation celebration" honoring their achievements. An additional incentive includes joining our existing ClubService, an Americorps program that encourages Club members to earn educational awards through volunteer service. How will continuous improvement be conducted? Since the Boys & Girls Club began providing Career Prep in 1998, continuous improvement has been critical our success. Participant feedback by 375 graduates over four years has resulted in a program that today is more interactive and flexible. It delivers skills to the participants, provides fun social interaction, and includes computer -based learning activities. In addition, staff are continually monitored to ensure program success. The Assistant Executive Director meets with Program Managers each week to discuss program accomplishments, problems, new ideas and training. Weekly meetings bring issues to light early on, so that problems are dealt with before they critically affect positive program outcomes. The Club has also been a regular employer in the Summer Youth Employment Program (SYEP), averaging 30 youth each summer. The Club employs a full- i lime manager of these youth in order to assure their safety, proper work habits and regular supervision. The Club employs 10 additional high school students on a year -round basis to assist with programs. In addition, Boys & Girls Clubs of America provides our staff with regional and national training and program curriculum development. Finally, program staff will administer customer surveys in order to assess levels of participant satisfaction and knowledge. Program Description (please see attachment B for brief description) Describe the overall services that will be made available to the WIA participant? In addition to the Career Prep program, WIA participants will have the opportunity to engage in all other age appropriate services offered at the Club. Participants will be made aware of employment and educational services available at the Santa Ana W /O /R /K Center and other WA providers. Illustrate how the organization will interface with the Santa Ana W /O /R/K Center and how the participant flow will occur and how parent involvement will be incorporated. The Boys and Girls Club of Santa Ana will continue its collaborative relationship with the Santa Ana W /O /R /K Center. After Santa Ana W /O /R /K Center staff has approved participant eligibility, the Career Prep staff will begin providing services to that youth. Within the second week of services, participants will be transported to the Santa Ana W /0 /R /K Center to receive a facility tour and to be introduced to the W /O /R/K Center Case Manager assigned to them. Participants 9 will be encouraged to visit or call their Case Manager twice each month. In order to insure that appropriate quality services are being provided to youth, Career Prep staff will maintain regular communication with the Santa Ana W /O /R/K Center Case Managers and refer all eligible WIA participants to the Santa Ana W /O /R /K Center. In addition, the Boys & Girls Club of Santa Ana will continue to attend monthly WIA Youth Council meetings. The involvement of parents will be established by providing them with a written invitation to the Career Prep orientation and graduation celebrations. Parents will be required to sign a permission slip for their child to participate. Implementation of above services will be coordinated in the following manner: Outreach /Recruitment/Eligibility Determination The Career Prep Outreach Worker will recruit 120 Santa Ana in- school youth ages 14 -18 from local traditional and alternative high schools and middle schools. Outreach efforts will occur year -round and will include: program presentations during school advisement periods, lunchtime recruitment, and distribution of program flyers throughout the community. The Career Prep program has an established rapport with school administrators and teachers — from experience working with us in the past, teachers and school administrators know the value of the Career Prep program for their students. The Outreach Worker and Program Managers will collect initial eligibility documentation. This documentation will be forwarded to the appropriate Santa Ana W /O /R/K Center staff. 10 IK Intake /Assessment 4fter the Outreach Worker has identified potential participants, eligibility will be established. After eligibility is determined, staff will create a file for each participant. The file will hold up -to -date and relevant participant information such as the program enrollment form, TABE testing results (to determine Basic Skill levels), eligibility documentation, and a copy of the students completed Career Prep work (application, resume, goal setting forms). In addition, pre -and post - assessments (determining pre - employment skills) will be in all participant files. The pre - employment skills test will help determine the youths need for job readiness training. Program managers will inform Santa Ana W /O /R /K Center staff as to the assessment results for each participant. Case Management The Santa Ana W /O /R /K Center will have the responsibility of assigning youth to a Case Manager. Career Prep Program Managers will provide appointment reminders to participants on a needed basis. Career Prep Program Managers will be available to assist case managers in determining appropriate program goals for the participants and will conduct weekly phone contact with each participant. All information acquired over the phone will be shared with the participant's Case Manager. In addition, W /O /R /K Center Case Manager's will be invited to meet with program participants at the Boys & Girls Club facility. Case Managers will also be invited to attend participant graduation celebrations and other appropriate program related events. II Program Services /Parent Involvement The Career Prep program will provide WIA element #3 (summer employment opportunities), #4 (paid and unpaid work experiences), and #6 (leadership development opportunities) to 120 in- school youth ages 14 -18. The Career Prep program managers will conduct a basic skill (TARE) and pre- employment (Pre - Test) skills assessment test and a post- assessment after successful completion of program. After the appropriate Santa Ana W /O /R /K Center staff has finalized the eligibility process of each participant, Career Prep program services will be implemented. Program services will include the following: 80 youth between the ages of 16 -18 will complete Job Ready and Career Launch pre - employment training, at least 40 youth between the ages of 14 -15 will complete the Career Explorers Club program, 20 youth will participate in summer employment for ten weeks, 40 youth will complete a five week unpaid work experience, and 20 youth will complete Office Smart training. In addition, all eligible program participants will be encouraged to take part in the ClubService (Americorps) program that awards youth money for college in exchange for volunteer service. In order to ensure parent involvement in the program, parents of the participants will be invited to attend the Career Prep orientation and will be required to sign a program permission slip. Parents will also be invited to attend their child's graduation celebration. Placement in Jobs or Continuing Education The Career Prep program will secure unpaid work experience for 40 in- school youth ages 14 -18. Their successful completion of this work experience will result iI? in a $250 stipend. 20 youth who successfully complete Office Smart will also receive $250 stipend award. In addition, the program will provide 20 youth with paid summer employment opportunities at the Boys & Girls Club of Santa Ana. After youth have participated in the Career Prep program, they will have the knowledge and the tools to be successful in an entry-level position. The Career Prep program will educate WIA participants on the importance of setting short term and long -term educational and occupational goals. Follow -up At the completion of program services, all 120 youth will fill out a customer satisfactory survey that will be provided to the Santa Ana W /O /R/K Center. The survey will give appropriate feedback on how program services have positively affected the participant or how services may need to improve. Staff Plan Staff needs for the program include (2) .9 FTE Program Managers to provide the Job ReadylCareer Launch and Career Explorers Club program elements. These staff will also oversee the summer employment and unpaid work experiences components. In addition, a .5 FTE will coordinate the program's outreach efforts. A .25 FTE will facilitate elements of the Office Smart program component and will assist with the Career Launch component. 1 FTE (for 14 weeks) will coordinate the efforts of the summer employment component. In addition, a part-time van driver will coordinate the transportation needs of participants. The Assistant Executive Director at .3 FTE will oversee and 7I coordinate the efforts of the overall WIA program and directly supervise program staff. Facilities From where will program services be delivered? Services will be delivered at the Boys & Girls Club of Santa Ana, area high schools and middle schools, and alternative schools. How has the organization assured that the location is a safe and youth friendly environment? In order to assure safety, the Boys & Girls Club requires that all youth who enter the facility first tour the clubhouse and are oriented to club rules. It will be necessary for all youth to join the club by filling out a membership application (signed by a legal guardian) and carry a valid club membership card. This card is used to keep accurate daily attendance records as well as ensure all youth who enter belong in the facility. In addition club staff, parents of club members and guests of the club are the only adults who may enter the club. All guests and parents are required to sign in and wear a visitors tag identifying them. The Club is well staffed to ensure safety. Currently eight full -time, professional staff provide programs and security at the club. 10 additional part -time staff and 20 college -age volunteers from the University of California at Irvine assist them. In addition, the Club will provide transportation to the facility so that participants may avoid the dangers of walking in unfamiliar, potentially dangerous neighborhoods. 14 nx 4J *t r a � g � 0 e O A 0 I.-,, pT GPnI b- p R. oo C `e rr G. P. N xr x O S 0 n w �ryryry a w x � a s b CD �T N yy p+ Oo S 4+ sad >C to, F v, X � r y V C. 5 cn17J C4 go -. o >so Dim Ro cr N N Q O N ('] O cq N Q o H y � > a nx 4J *t r a � g � 0 e O A 0 I.-,, pT GPnI b- p R. oo C `e rr G. P. N xr x O S 0 n w �ryryry a b n a H TD (D H ro H (D b H 0 w H L DC x H td H H w w e S 0 GPnI b- p i `e rr fice! b n a H TD (D H ro H (D b H 0 w H L DC x H td H H w w e S p rr fice! 3 � y Y w b n a H TD (D H ro H (D b H 0 w H L DC x H td H H w f( EG \R. { \9 )§ ) � � \ {° 9 \( )) { \/ �) m(a71 }A \ E00 }` . §{7/ $) ()K\ ] ® //� / /[f\ #_ \ )\ (f ƒ/ >@ � §$ ƒƒ \ \ cr [P //�I { ( { { 0 l EXHIBIT C STATEMENT OF WORK Scope of Work. City hereby engages Provider as an independent contractor to perform the following described work, and Provider hereby agrees to perform said work upon the terms and conditions here -in -after set forth. A. Specifically, Provider shall perform the following services: 1 . Provider shall recruit their own participants within a reasonable amount of time to allow for full delivery of program services as specified in the Work Plan. 2. Provider shall assess each participant using a standardized assessment tool within thirty (30) days of enrollment. If assessment supports a Basic Skills deficiency, reading and math must be the first service to be delivered to participant. 3. Provider shall identify through prescribed assessment which of the ten elements as noted below will be prescribed for each participant. Chosen elements will be noted in each participant's Individual Service Strategy (ISS). Services needed but not provided by Provider must be coordinated with the Service Navigator and other youth partners. The ten WIA elements are: a. Tutoring, study skills and instruction leading to completion of secondary school, including dropout prevention strategies; b. Alternative secondary school services, as appropriate; Summer employment opportunities directly linked to academic and occupational learning; C. Paid and unpaid work experiences including OJT, job shadowing and internships as appropriate; d. Occupational skills training as appropriate; e. Leadership development opportunities, which may include community service and peer- centered activities encouraging responsibility and other positive social behaviors during non - school hours as appropriate; f. Supportive services (linkages to community services, transportation, childcare, housing, medical referrals, uniforms or other appropriate work attire and /or tools; g. Adult mentoring for a duration of at least 12 months, (may occur both during and after program participation); h. Follow -up services for not less than 12 months after the completion of participation; i. Comprehensive guidance and counseling, which may include pregnancy prevention, drug and alcohol abuse, counseling and referrals, as appropriate. 4. Provider shall establish at least one goal for each participant as related to the elements identified in their ISS. If the participant is deficient in basic reading and /or math skills, one primary goal must be for basic skills and must be the first service provided. Goals are to be based on appropriate age standards and entered in participant's ISS. 5. Provider shall maintain and share with other Youth partners the Individual Service Strategy (ISS) for each participant from time of enrollment through and including twelve (12) months after he /she is exited from the program. 6. Provider shall review program objectives with participant using one -to -one method. At a minimum. review must include the following information: a. Program goals and objectives b. Length of program period C. Complaint handling procedures d. Available supportive services e. Anticipated exit date f. Available services at the Santa Ana WORK Center g. Follow -up phone calls & documentation requests 7. Provider shall provide participant services in accordance with the program schedule and curriculum attached hereto as the program proposal and Work Plan (Exhibit A & B). Neither the program schedule nor curriculum may be altered in any way during the term of this agreement, without prior written approval given to Provider by the Santa Ana WIB Youth Council. 8. Provider shall follow and abide by the proposal submitted and approved by the Santa Ana Workforce Investment Board Youth Council. Any changes to the proposal must be submitted in writing to the Santa Ana WIB Youth Council for consideration. 9. Provider shall maintain daily, weekly, and monthly classroom and internship training time and attendance records for all participants. Copies of attendance records shall be placed in participant's file upon completion of program. 10. Provider shall maintain individualized case management records and shall make these records available for review and inspection upon request by City staff. All such records shall remain otherwise confidential and shall be kept in a form approved by The Santa Ana WIB Youth Council. 1 1 . Full completion of the program and its elements shall be defined as and determined by individual participant attainment of the learning objectives and demonstrated achievement of the standards for evaluation listed in the training curriculum verified and approved by the Santa Ana WIB Youth Council. 12. Provider shall provide each participant who attains full completion of the program with a certificate of completion. Such certificate shall serve as contractor's assurance to the City that the recipient of said certificate has satisfied the conditions of full completion as set forth in conditions identified in the Work Plan. 13. Provider shall, upon request by WIB staff or in accordance with schedules and /or procedures stipulated by WIB staff at the outset of the program, transmit to state electronic reports and /or forms containing all appropriate data and any other pertinent information available on each participant and program operations in general. 14. Provider shall report on progress of program to Youth Council on a regular basis. Exhibit n COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Investment Area Table of Contents I. Information Regarding Complaints ............................................................. ............................... 2 A. Nondiscrimination and Equal Opportunity Complaints ........................... ............................... 2 1. Policy Statement ................................................................................. ............................... 2 2. Civil Rights .......................................................................................... ............................... 3 3. Nondiscrimination Laws under WIA .................................................... ............................... 4 4. How to File Your Complaint ................................................................ ............................... 5 B. Criminal Complaints ............................................................................... ............................... 6 II. General Procedures for Handling Non - Criminal Violations of the Act ........ ............................... 6 III. Procedures for Handling Complaints at the SDA Level .............................. ............................... 8 IV. Procedures for Handling Complaints at the State Level ........................... ............................... 13 V. Procedures for Handling Discrimination Complaints by Participants ........ ............................... 15 VI. Procedures for Handling Handicap Complaints by Participants ............... ............................... 16 GLOSSARY OF WIA TERMS ......................................................................... ............................... 18 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing, or any other activity related to the administration of WIA. 2 Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana Local Workforce Investment Area. Equal opportunity and non - discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal Opportunity Program. Patricia Nunn, Executive Director Santa Ana Local Workforce Investment Area Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) Programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that - for any of the characteristics listed above: You may not be denied the opportunity to enroll in WIA. No benefits or services may be denied you for discriminatory reasons. You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. You must be provided an equal chance to use all facilities available in the program. Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints or grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of f 1973 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Act of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order No. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. 11 Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. Provides details that tell what happened, where it happened, and when it happened. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment Opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. 5 It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 (714) 565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report of fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200; 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, subrecipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, subagreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and subrecipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion 9 procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private - for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. A "participant', within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. V4 Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt of Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. Form and Filing of Complaint Official filing date of the complaint is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); Clear and concise statement of facts including dates constituting alleged violation; What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. H. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complaintant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. G. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. Request for Hearing As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filed with: Lydia H. Morgan EEO Officer Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time, and place of hearing before an impartial hearing officer. C. A statement(s) of the alleged violation(s) Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its subrecipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he /he so desires. Other he /she is limited to his /her own abilities and those of the hearing officer in obtaining testimony in the case. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. 11 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Sucl- records must be retained for a three -year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private -for- profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. 12 IV. Procedures for Handling Complaints at the State Level Section 181(c) of the Act and the WIA regulations at 20 CFR, Section 667.600(d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, telephone number of the party requesting the review b. Full name, address, telephone number of the other party C. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 13 Q 3. Complaintant Responsibility It is the responsibility of the complainant to include in the request for review written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. Conduct of Hearings. 2. 3. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the party requesting the review b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions imposed d. A statement of basis for the request for hearing. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before designated hearing officer will be scheduled. 14 The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor. C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 No later than 180 days of alleged _ discrimination PVithin 10 days of receipt of unsatisfactoy decision or 10 days from date LIPIA decision should have been issued Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWIAs Informal Resolution Process I Filing of Complaint / Request for Hearing I Notice of Hearing issued by LWIA I Hearing Conducted LWLA Decision within 60 days Unsatisfactory Decision or LWIA Decision not issued within 60 days Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Anneal to DOL w 0 b w 0 8 In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Lydia H. Morgan EEO Officer Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana. Ca 92701 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. 16 B. Procedures at the State Level The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 17 No later than 180 days of alleged _ discrimination If no resolution reached Unsatisfactory Decision or No Decision Filed within 30 days of LWL4/State Decision or 90 - days from date of initial filing of complaints Day I Day /45 Day 60 Days No later than 180 days of alleged _ discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWIAs Informal Resolution Process Filing of Complaint / Request for Hearing Notice of Hearing issued by LWIA I Hearing Conducted I I LWIA Decision within 60 days Unsatisfactory Decision or LWIA Decision not issued within 60 days Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL w 0 w 0 I 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Lydia H. Morgan EEO Officer Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, Ca 92701 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. 16 B. Procedures at the State Level The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 2. The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 17 No later- than 180 daps of alleged _ discrimination If no resolution reached Unsatisfactory Decision or No Decision Piled within 30 days of LWZAIState Decision or 90 days from date of initial f Zing of complaints Day 1 Day /45 Day 60 Days GLOSSARY OF WIA TERMS AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal funds. APPLICANT - An individual who applies to a subrecipient or contract for services provided under WIA and who has no yet transitioned to the status of participant. ASSESSMENT - Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and training activities appropriate for the participant. Testing and counseling may also be used during the assessment process. CHARGING PARTY (CK COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON - The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION - In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON- CITIZEN - Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER - An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subject to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by Executive Order 11246, as amended. GRIEVANCE - An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice. HANDICAPPED INDIVIDUAL - Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. W INTAKE - Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT - A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION - Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT - Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post- termination services) funded under the Act, following intake, except for an individual who receives only outreach and /or intake and assessment services. 19 Exhibit E 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 officer 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 all 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. ctor Organization ame of Certifying Otticial Signature V 1 Certification RegardingDrug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Labor 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 Labor, 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 wor kplace 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) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) 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 - 0 ) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Exhibit F Pg. 2 (e) Notifying the U.S. Department of Labor within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (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) Taking appropriate personnel action against such an employee, up to and including termination; or (2) 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 M. B. The contractor shall insert in the space provided on the attached "Plac e 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 Department of Labor immediately upon the decision to use such additional sites by submitting a revised "Plac e of Performance" form. Dated: Program Operator DIVISION OF EMPLOYMENT SERVICES I PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: OD4h If �fy ,' 6&t� 6r 5a*^'tT AKA Name of Contractor: (3t�A46 4 fir' ✓l5 (bA4 6je /4".a Contractor Number: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): Street Address City Phone Number q50 W. vfi• Sant/ f%i4 5t(3 -7.24.)-- r r SELF - CERTIFICATIONS �/ Location of Records- �� Initial I understand, all accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, 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. \ Clean Air / Clean Water Act - ? itial I understand, if the grant hereunder exceeds $100,000, CONTRACTOR must comply 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 CONTRACTOR 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. Drug Free Environment - Initial My organization agrees to provide a g-free work place and to execute a certification as set forth in the contract. WILL SUBMIT Single Audit�Ztial My organization has has or has not. 5300,000 or more of federal funds in fiscal year ending on or before December 31, 2002, has or will conduct an audit in accordance with Section 184 of the WIA, Title 20 CFR Section 667.200, Title 29 CFR Part 95 or 97 (as applicable), and Title 31 USC Chapter 75. If applicable, submit copy of 2002 Audit. Commercial General Liability - 117 Ini &al CONTRACTOR agrees to obtain and keep. n force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of Califorwa, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as s= additional insured; and state that such coverage is primary to any other coverage or self- insurance of the State of California and CITY. Governmental entities may substitute a certificate of self- insurance. Submit Copy of Policy Automobile Liability Coverage - / Initial CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance, Submit Copy of Policy Workers' Compensation Coverage - Initial I understand, if CONTRACTOR is an "employ ', as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. Submit copy of Policy I certify that my organization will comply with the all stated language and that I am the person authorized to sign such agreements on behalf of the organization n� c C N� irector's Signature Date Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Re ister (pages 19160- 19211). (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. John F. Brewster, President /CEO Name and Title of Authorized Representative Date ,fl Exhibit G F�o=ran -Nam - Bovs & G1rls Club of Santa Ara— Career Prep Program Scparai BLI 1 .t >� In- School and Oot- of- SchoolYouth ❑ oT- or- sC�looLSt;DGrT IN SCHOOL BUDGET Line Item Budget 10/1/03- 6/30/04 Match/ln Administrative Program Total 'rIA Bind Personnel Salaries" 1 1,355, 38,600 l 39,955 6,195 Benefits 335 9,515 9,850 1,860 Other (list)* 8,055 O eratin2 Expenses Total Personnel 1,690 48,115 49,805 8,055 O eratin2 Expenses 1 Ref' or user fee* 570 8.500 Utilities 250 250 Phones Internet fees Leoal services Parlcm fees Anditina services Secnriri Indirect costs (attach indirect cost rate Ian * *) Maintenance 4,325 300 li 300 Insurance 250 250 r attach a separate sheet detailing these costs Purchase � Vehicle lease charges (Vehicles may not be urchased) Off lee expenses (consuntables) 570 570 Accounting Services Leoal services Anditina services Indirect costs (attach indirect cost rate Ian * *) 135 4,325 4,460 ' 1,350 Staff trautin a Staff travel /mileaae s0 s0 Customer Training* Su �ortservices* L Pro Other (list)* 4 Total O )eratino Expenses 135 5,775 5,910 10,150 GRAND TOTAL To al Personnel +Total Operatiiug Expenses) 1,825 53,890 55,715 15,205 r attach a separate sheet detailing these costs Boys & Girls Club of Santa Ana Budget Detail Administrative Costs— Salaries — Business Manager @ 4% with benefits Indirect costs are calculated at 8% Program Costs — Salaries — Includes 90% of the Employment Program Manager and 2% of the Vice President of Operations and work experience for seven youth. Indirect costs are calculated at 8% Match /In -kind Costs — Salaries — President/CEO @ 5% and the Employment Program Manager @ 10% Rent — the Career Prep Program is provided in three separate rooms totaling 1,100 square feet. The match represents this space at $1.00 per sq. ft. for 8 months. Indirect costs are calculated at 8% Exhibit H Provider agrees that in addition to those agreements and obligations specified in the contract boilerplate and scope of work, it will also adhere to and obey the following provisions, assurances, and certifications. ARTICLES 1) Provider agrees to serve target population specified in the Work Plan. 2) Provider agrees to recruit youth with ample time to deliver full program objectives as specified in the Work Plan. 3) Provider agrees to meet or exceed Performance Benchmark Goal Projections specified in the Work Plan. 4) Provider agrees to invoice Santa Ana WIB for all program services /activities on a monthly basis. Provider will attach all supportive documentation. 5) Provider agrees to provide participant the following WIA elements: a. Work Experience / Internships (Paid & Unpaid) b. Leadership Development 6) Provider agrees to provide participant access to all 10 WIA elements through participation in the Youth Service Provider Network. 7) Provider assures debarment action has not been taken against named organization. 8) Provider assures and certifies that it will not use any funds appropriated under this agreement for religious activity or anti - religious activity, or to promote or oppose any political candidate, parties, and /or beliefs. 9) Provider agrees to comply with the Americans with Disabilities Act by providing equal access to individuals with disabilities in the public and private sector services, transportation, communications and employment. 10) Provider assures and certifies that any requested modification to this agreement must be submitted in writing, explaining requested changes and rationale. Provider further assures that no modification will be implemented without prior written approval from the Santa Ana WIB Youth Council. 11 Provider agrees to cooperate with any monitoring, inspection, audit, or investigations of activities related to this agreement as may be scheduled and /or conducted by the Santa Ana WIB /Youth Council. 12) Provider assures and certifies that where applicable, classroom instructors are properly credentialed, and training curriculums comply with State Education Codes. 13) Provider agrees to acknowledge (given credit) the Santa Ana WIB Youth Council as the source of funds in all oral presentations, written document, publicity, and advertisements regarding any activities that ensue from this agreement. EXHIBIT I INSURANCE iC__O__BD,M CERTIFICATE OF LIABILITY INSURANCE I DATE 12/31/ZO03 MMIDDIYYYY) 12/31/2003) PRODUCER (909)W-2719 FAX (909) 587 -6001 Anthem Insurance 42145 Lyndi a Ln. , #202 Temecula, CA 92591 License # OB84551 THIS 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 # INSURED Boys and Girls Club of Santa Ana 950 Highland St Santa Ana, CA 92703 INSURER A- Markel Insurance Company POLICY EFFECTIVE INSURER LIMITS INSURER C. INSURER D'. 8502CY073003 INSURER E. 01/05/2005 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AGUE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 8502CY073003 12/20/2003 01/05/2005 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE ❑ OCCUR MED EXP (Any one person) $ 5,0()0 PERSONAL &ADV INJURY $ 1,000,000 A X GENERAL AGGREGATE $ 3,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGE $ 1,000,000 POLICY PRO- LOC ECT AUTOMOBILE LIABILITY 1002CYCO730044 12/20/2003 01/05/2005 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) A X BODILY INJURY $ HIRED AUTOS NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY. AGO EXCESSIUMBRELLALIABILITY 4602CY0730105 12/20/2003 01/05/2005 EACH OCCURRENCE $ 5,000,000 OCCUR ❑CLAIMS MADE AGGREGATE $ 5,000,000 A X $ $ DEDUCTIBLE X RETENTION $ 10,00 $ WORKERS COMPENSATION AND - WC STATU- _ EMPLOYERS' LIABILITY ^�? A .NY PROPRIETOR /PARTNERiEiECUTIVE ER /MEMBER EXCLUDED' -�J� E. L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE $ IOtyee I_ �/� SPECIAL PROVISIONS below (. :. E. L. DISEASE - POLICY LIMIT $ OTH 10 Nay cancel non payment of premium DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: City of Santa Ana, its officer, agents and employees are named as additional insured as respects the operations of the named insured. City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL iWOWHM MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, YJtd4�li1( NcY�C-0 H6NaXM�GIEi( 1( dfAfd( J§ 1LiXIXNdWf3EYl (d(Xi4XdWiX�14X9EX16Y114X3(XX ©ACORD CORPORATION 1988 "4V EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Markel Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 8502CY073003 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and 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 performed 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 with any other insurance carried by or for the benefit of the additional insureds. !� 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any 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 cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 12 -20 -03 this endorsement form as a pan of Policy # 8502CY073003 Issued to �Bnyg And Girls f 1 ih of snntn-An. _ — Named Insured Countersigned by��1 Authorized Representative 10 Mar 17 05 11:12a Boas & Girls Club Of Sant 714 - 565 -1099 P.2 t Q t a A' �C'1A/ - /PnhS�, Numher Oats BnExM' 3 /16/2005 A-_ CQR-D.. CERTIFICATE OF LIABILITY INSURANCE = "716/ "' PR09Um ggqpfxtsousm zmmeramce soxvIces 22912 Pacific Park Or 6200 A11ao w_sie, CA 92656 (949 )215-5&31 123 456 THIS CERTIFICATE 15 ISSUEO AS If MATTER OF 81FORNATION ONLY AND CONFERS NO RWIT3 UPON THE OER'TCAOR AL�TERRTTHE�ITIQCSOYCERTIFICATE � �, THE POLICIES GELOW. INSURERS AFFORDING COVERAGE NAIC• Room be" c Girls Of Swtl Ana, CA 92103 Soya 6 6i.rls Of Septa An& Youndatien 950 W. Highland Banta Ana, CA 92703 I49 AEAA AW16re le,araaea camp IMn agolaER S: i,nm6A C'. sM1ERALUARART CCMMgpZa aENSUL,,,, timEga 1 /1/2006 INSUA6R 6 e1,0 , cnawcv 7HE POUCIES OF WSURANCE LSiTEO SELOW HAVE MMW MUEO TO THE INSURED NAARD ASOvE FOR7HE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERN OR CONDITION WANT CONTRACT OR OTHER DOCIM'AENT WON RESPECT TOMS6CH THIS CUMISCATE NAV BE ISSUED OR MAY PSATAN, THE NSURANCE AFPOADEO BY THE POVOES DEACIO0E0 HOREIN IS SWW OCT TO ALL THE TERMS. OtCWIIOVS AND OONOrt10NS OF sUCH pOUCIEs. A00REGATE IAITS MINN MAY HAVE SEEN REDUCED GY ROAD CLAMS. - - &eo9LR AeP or7N6.RR.E 0 ®asap FOLIO" u cARraLe9 avaa nE BrnR.++eP The city of a.Ota An,, She emu plE'OMItOA 1Ne ■eY116 ee11RR1 RNii 6l�a NAa 30 Pint mom Pom ReI 11R ` 1/1/2005 me IMn Santa na, G 92702 X sM1ERALUARART CCMMgpZa aENSUL,,,, 6040798273 -05 1 /1/2006 K, e1,0 , �� Nwnl 50,000 .S,O 0"mY wLd F1, 000, 000 � .080,000 am � T1UIaTAPPUE9IM NAOPA00 .1,000,00LOC A X AerdLnru D4saRT AN/At/10 AU OVONO M,OS w,EEattcoMRas INIEOAUTOE WWOM NOAUWS 810- 0179Y247 -05 1/112005 1/1/200 6 i Le LAM 7 L, 000, oaoo aODlY9uuRr tAeP.wp eODLYINJURY mamwe" j i I�aAMAG< L RMN[IANKM A AWO T' AODOeHT f eOIERTNAEI FAALC AUTO OAI : AOO t I A �/ X DwAL F-1 OU mm M,LF F1o,000 - 5Y09 - APPRO 1 /2oo6 ED AS 2 O FORM; e oukhsm w 0•T, P P RCMRR& CamammoM mID MIPADYERrummm AM' Pg01aC1OMIAApRAOLGUTAK OFNCiAANIaIlA EPrLUOF01 A r.wLA, uMM 9�ECMLPROWMONR ' 3 / ,y �1. -a" E.L NAOFNT f - lAt9NPLOTR t r8 Stlt Cdy Ldr ELOIS6ASI -004= MO i ORION ey MaWPRA Of WRMDONP,LasATNPNt IYM1LTARtRRCLYaePP100 ®eY OrolraRSar, aPltYlPAO11elAR ` pS: Csrtifimte Nolder is awed as additional insured as respect, Flee OperAtieeelaf the nenad inanred, crRrlPa:Ale 17WR:n - - &eo9LR AeP or7N6.RR.E 0 ®asap FOLIO" u cARraLe9 avaa nE BrnR.++eP The city of a.Ota An,, She emu plE'OMItOA 1Ne ■eY116 ee11RR1 RNii 6l�a NAa 30 Pint mom Redevelopment Agmar, Eta, Offiaere. Agate NoTO[ TO TaT QRIMCNpR N0.4a TIAIlO xt TNf UPI; ad Saployees CONG PM P.O. SP. Igoe Santa na, G 92702 ARTNOeRONVNN6DNATWB ', w ae�nMn e�ileeAM &TM1N AeRR ACORD 25 (2DDU00) E0 /To 39vd 302msj.Id3gm 60G9-GTZ -606 QZ:TT GDOZ /iT /EQ Mar 17 05 03:31p Boys & Girls Club Of Sant 714 -565 -1099 Mar 17 aS 02:46P Boys a Girl& Club Of Sant 714 - 565 -1099 rrI— �.�perp �L- ..lei+o r.fun ,yxvrn NrW raW rte. .rw pSO r33tl LXWKT s ' � � i •i�.__ if . )' .'tl 7. 4a� �s�.a.t msrganoc Campmy ;y:7" -e ✓S Tbis eedaawoew rrlodifies such insurance ss is afforded by the provisions of Policy OF 'd cg 7fAfA73-9r- MI ei T6 to am follow: I. Tbc City of9sslu Ana, 20Ci*CarterPM24 Santa, Ana, Cilifamis 92701; its offieas, aaployen, agents, volunteers ad tepmseatadves arc named as r1di6wmd iaaueds ("additional iosumde) with regard t9 liability and defense of suits a» sing 11om the aperatitars and uses pafatned by ox on behalf of the named instaed. 2. With respect to clams arising out of dw operations and um 9afomaoed by or are beholfof tlto blamed messed, such i as is a9oided by Ilia policy is panaarY and is slat addniaW to or combi- oatiag whh my new instsra "carried by or for Ma benefit of do additional i nsuredi. 3. This isleutmoe 9ppliu separately to each insured against whom claim i$ leaflet of wit is breuglat eaceptwith tespeet to the aaoP=3($ limits of ti WW— The imivaiew of anypenon or arpoizalion was iaaurad IWI mot affset any right which such poison or orgammtion would have as a eMdenaat if not m iooluded. 4, with reapeat to the additional iaauralt, ads iossraere stia11 nor be catheWed, or materially rodooed in coverage of limits amopt after lbit y (30) days wridea notice bas bean Sivas to the City of Santa Ana, 20 Civic Center PLaa, Salta Ana, California 92701, (COwp1669n Of tlw f011aWin& wicludhlg ealmteaatgnaWt4 is requinad to mire this eadoraemem etIlIG&a.) , Policy #. Issued to this eodorscmaa ibmi as a part Of APPROVED AS TO FORM aura Stitt Sheedy Assistant City Attorney p.2 p.2 ZB /Zo 39Vd 13av911d3d3H 6895 -SIZ -606 e9:91 WOO /CI /E6