Loading...
HomeMy WebLinkAboutTaller San Jose 3OR City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM CITY OF S,�jl Please complete this form when the attached agreement and all O j pCCLERK rOi amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M -30). Call 647 -6520 if you have any questions. The agreement with 114RU l� VJ� 1 )V &Tz No. i/ was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: W- Phone /Ext.: Signature: Date: Revised 0 &2310 INSURANCE ON FILE /j WORK MAY PROCEED UNTIL INSURANCE EXPIRES Contract No. A - ,R oco - 255 5 CLERK OF COUNCIL DATE: AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT (R Pxtt)J THIS AGREEMENT, made and entered into this I" 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 Taller San Jose ( "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: Taller San Jose WIA Youth Service / In & Out of School Youth Taller San Jose Tech 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 terms 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 3 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 terms 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 Forty -Eight Thousand, Three Hundred Sixty -Nine Dollars ($48,369) 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 Involvin Close lose 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; 5. Court orders applicable to its operation; and, 6. The terns 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: Taller San Jose 801 N. Broadway Santa Ana, CA 92705 (714) 543 -5105 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: Patri Healy Ale„ Clerk of the Council APPROVED AS TO FORM: BY: G� c Joseph W. Fletcher City Attorney RECOMMEND FOR APPROVAL: 6z, Johro. Reekstin Ex utive Director CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: David N. Ream City Manager Taller San Jose Name: Sister Eileen McNerney Title: Executive Director Tax ID #: �j_16¢ -Js -J'3 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 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 About the Program Executive Summary Taller San Jose through its vocational training center, Taller San Jose Tech, provides paid hands -on job training to unemployed out -of- school youth (18 -28). Taller San Jose Tech will recruit 100 youth over the next year to participate in job training for the building trades. We anticipate that 50% of these youth will be eligible to participate in WIA as older youth ages 18 -21. Although Taller San Jose provides programs and services that include all 10 WIA Elements /Services, Taller San Jose Tech will focus its efforts on WIA Elements /Services 3 -10 which focus more directly on job - training and employability. Youth who participate in job- training at Taller San Jose Tech and need to complete their secondary education will have access to the educational resources available at Taller San Jose. Over the course of the next year, Taller San Jose Tech will achieve the following outcomes: • Recruit 100 young adults from the target group each year — 50% to be WIA participants. • Provide industry specific training for 70 student apprentices — 40 of whom will be WIA participants. • Facilitate the placement of 65% of trained apprentices into jobs above minimum wage. • 84% of trained apprentices will remain employed for a minimum of 6 months. Successfully achieving these outcomes among a hard -to -serve target population requires a creative approach. Taller San Jose offers that kind of vision. Taller San Jose Tech can prepare unemployed youth with no previous work experience to successfully transition into the workforce. It accomplishes this through a combination of intensive classroom instruction, hands -on job training, and a "real world" work environment. Using a pre - apprenticeship model, students learn while they work. Training focuses on the skills employers require on- the -job. Taller San Jose Tech provides youth the skills needed to work in the construction industry by creating a "real world" work environment. This environment allows them to develop good work habits while providing a structured environment in which to be successful. Main Purpose of Program Taller San Jose (St. Joseph's Workshop) has one focused mission — to provide continuing education and job- training to young adults (18 -28) who seek a productive and self - reliant future. Taller San Jose was established in 1995, by the Sisters of St. Joseph of Orange, in response to the high crime rate among Santa Ana's youth and the lack of resources available to youth who had either dropped out of school or been incarcerated. The majority of youth involved in job- training at Taller San Jose (75 %) have been or are currently involved in gangs, crime and drugs. Taller San Jose is a highly focused, goal - oriented program that challenges its students to build a foundation for future sustainability. Taller San Jose Tech (TSJ Tech) is a mission based entrepreneurial venture of Taller San Jose. TSJ Tech recruits young people with no marketable job skills and prepares them to work everyday, on -time, responsibly, drug free, and as team members. Program elements incorporate workplace skills and industry specific job- training with paid work experience, mentoring, job placement, and easy access to Taller San Jose's educational and life skills programs. The goal of TSJ Tech is to assist unemployed youth (18 -28) to become economically self- sufficient in a relatively short period of time through intensive hands -on job training coupled with employability and social development. Young people in Santa Ana, who have not completed high school, who have no defined job skills, and who have criminal records face a number of significant obstacles. Taller San Jose Tech has identified seven barriers to advancement faced by its target population: 1. Out -of- school youth do not view themselves as "learners" and are both reluctant to return to school and ill prepared to enroll in community college. 2. Because they have no job skills to offer an employer, out -of- school youth tend to enter the job market at minimum wage and stay there without the ability to advance their employment status. 3. Many young men are unemployed and yet have financial responsibility for the children they have parented. 4. Although they are unskilled and inexperienced, young males are often viewed by their extended family as primary breadwinners. 5. Young males in Santa Ana are exposed to the drug culture on a daily basis. 6. A number of young males are unable to pay their mounting fines related to probation or to past legal infractions. 2 The vast majority of young men (I8 -28) in Santa Ana do not own cars nor do they have driver's licenses, elements viewed as essential to employment in the Southern California job market. TSJ Tech addresses these barriers through intensive classroom instruction, hands -on training, and effective adult mentoring to address barriers to employment. In this intensive job - training course, student apprentices acquire essential hands -on skills in the building trades while learning how to adhere to basic employment principles such as: showing up on -time and as scheduled, working as a team member to complete assignments, keeping work areas clean, safely using all tools and equipment, and properly filling out time cards. This is accomplished through on -site building projects, classroom work, life skills training, and employability development. The training model focuses on three key areas: Hard Skills Development — work experience, Employability Development —job preparation, and Life Skills Development — on -going personal development. Over the course of the training period, student apprentices complete the following curriculum: Job - training at TSJ Tech takes place over a 12 to 14 week period. The average class trains and employs 15 - 20 student apprentices. During their paid job- training, student apprentices participate in work related training four days a week and are provided opportunities for tutoring and extra work hours one additional day each week. Program Qualifications: • Between the ages of 18 -28 years of age • Right to work documents • Ability to speak, read, and write English at an intermediate level Program Hours • Monday— Friday, 8:OOAM to 5:OOPM HARD SKILLS EMPLOYABILTY LIFE SKILLS • Basic Building Repair ■ Customer Service • Anger Management • Basic Carpentry • Employer Expectations ■ Communication & • Basic Plumbing ■ Interview Techniques Listening Skills • Basic Woodworking • Job Search Strategies ■ Conflict Resolution • Construction Theory ■ Mock Interview ■ Drug & Alcohol • Door & Window ■ Networking Education Installation ■ Resume Writing • Goal Setting • Drywall Installation & ■ Workplace /Employee ■ Leadership Repair Rights Development • Intro to Tools ■ Personal Finance • Intro to Blue Prints ■ Public Speaking • Workplace Safety ■ Workplace Math • Weatherization Job - training at TSJ Tech takes place over a 12 to 14 week period. The average class trains and employs 15 - 20 student apprentices. During their paid job- training, student apprentices participate in work related training four days a week and are provided opportunities for tutoring and extra work hours one additional day each week. Program Qualifications: • Between the ages of 18 -28 years of age • Right to work documents • Ability to speak, read, and write English at an intermediate level Program Hours • Monday— Friday, 8:OOAM to 5:OOPM Student Work Hours: • Monday— Thursday, 8:OOAM to 4:OOPM; • Friday optional — math tutoring and /or additional work hours • 12 to 14 week paid work experience Student Compensation: • $7.00 per hour • $100 bonus for perfect attendance • Certification from Taller San Jose There are four full -time and two part-time staff members available to student apprentices at the TSJ Tech site — a 3:1 student to staff ratio. Goal setting activities assist mentors and staff to identify each student's barriers to employment. Staff members then work to connect students with the support services to overcome their obstacles to employment. Goals /Objectives and Performance Levels The primary purpose of TSJ Tech is to provide a means of survival and self - support to out -of- school youth through structured on the job training and work experience. Over the course of the next year, TSJ Tech will recruit 100 young adults — 50% of whom will qualify as WIA out -of- school youth. This will be accomplished through active recruitment, interviewing, assessment, and effective job- training. Although the Taller San Jose program offers all 10 WIA Elements /Services, the student apprentices taking part in job - training and work experience through TSJ Tech will receive services concentrating on WIA Elements 3 -10. Required WIA Outcome Goals for older youth meet outcomes already established by TSJ Tech training, placement, and follow -up programming. Unlike many other community -based organizations, Taller San Jose actively recruits students through community outreach. Our records show that 65% of all students are referred by either current or past participants of Taller San Jose programs. Referrals to Taller San Jose are also generated through the school system, churches, community organizations, and the probation department. Youth who meet the minimum requirements for enrollment will take part in an interview and assessment prior to taking part in job- training at TSJ Tech. Assessment materials used to identify the basic math skill deficiencies of each student are the same assessment used by Santa Ana College (SAC) for their adult education programs. Program math components are adjusted to meet the student apprentices math needs as determined by the assessment. Enrollment activities begin one month prior to the course start date. This is followed by 12 -14 weeks of intensive job - training. Student apprentices who successfully complete their job- training at TSJ Tech receive certification proving proficiency as an apprentice in the curriculum areas outlined above. As an organization, Taller San Jose is distinguished by program refinement and continuous improvement. Through an established evaluation method, the following data is collected to measure program effectiveness: • Number of students recruited for apprenticeship programs. • Number of apprentices who complete courses of study. • Attendance and punctuality rate for apprentices. • Number of apprentices who enroll in and complete classes in ESL, GED, and Life Skills. • Number of apprentices employed beyond the minimum wage after completion of the program. • Number of apprentices employed 60, 90, 180 days after job placement. • Number of apprentices previously incarcerated who remain free of violent or drug related crimes. Program Description TSJ Tech is positioned to serve the older youth (18 -21) population through an intensification of its present program with an emphasis on recruitment, assessment, training, case management, educational opportunities, support and employment services. Within the past year, Taller San Jose has made strategic moves to enlarge its capacity through the development of TSJ Tech. Partnerships with local community based organizations including: the Probation Department, Employment Development Department (EDD), the Regional Occupation Program, the Santa Ana W /O /R/K Center (SAWC), Santa Ana College (SAC), and the Orange County Conservation Corps (OCCC) have contributed to the ongoing development of programming and services at Taller San Jose. SAWC has been a key partner for Taller San Jose over the past several years. Collaboration between our organizations has included recruitment and referral of clients, participation in sponsored job fairs, pre - employment workshops, and job referrals and placement. SAWC is in close geographical proximity to the TSJ Tech site and will make its services and resources available to student and graduates of our work experience programs. SAWC staff will have an active role in the presentation of job skills to TSJ Tech student apprentices. TSJ Tech will continue to work with SAWC as a center for recruitment of prospective students and a center for referrals to employment for TSJ Tech graduates. In addition, the OCCC will play an important role in student success by offering paid work experience to graduates of TSJ Tech's job - training program. OCCC will hire 20 TSJ Tech graduates to work on conservation projects throughout Orange County. See Attachment B for further information about the Provider Work Plan. 1. Outreach /Recruitment /Eligibility: Taller San Jose recruits out -of- school and unemployed young adults (18 -28) through the following avenues: • Community Outreach Coordinator — Taller San Jose employs a full -time staff member to recruit program participants • Referrals from current Taller San Jose students — 60% of current students were referred by a friend or relative involved with Taller San Jose • Referrals from community partners including: the Orange County Probation Department, the Santa Ana WORK Center, Centennial Education Center, and others. Eligibility is determined through an application process. Program participants at TSJ Tech are required to completed an application for employment and provide original copies of right to work documents. The minimum requirements for enrollment are as follows: • Must be between the ages of 18 -28 years of age • Possess valid right to work documents • Have the ability to speak, read, and write English at an intermediate level 2. Intake /Assessment: An assessment of each student takes place prior to training at TSJ Tech. Student apprentices are interviewed by a staff member and complete a math assessment exam which determines whether a student is below a 6`h grade math proficiency level. Program math components are adjusted to meet the student apprentices math needs. Case Management: Taller San Jose attributes its success at reaching and retaining Santa Ana's undereducated and unskilled youth to a holistic, relational approach to education and training. The philosophy of the program calls for high interaction between staff and student apprentices. Staff focus on making warm and supportive contacts with student apprentices from the first phone contact /walk -in, through orientation sessions and throughout the first critical weeks of the student's participation. TSJ Tech links each student with an adult staff mentor within one week of enrollment in job- training. The mentors assess individual student risk factors, oversee attendance, student performance and have long -term responsibility for the student- apprentices assigned to them. Regular attendance, punctuality, drug -free behavior, a positive attitude and appropriate dress are viewed as job -ready behaviors and emphasized on a daily basis. In addition, TSJ Tech graduates work with the Career Center staff at Taller San Jose to find full -time employment and enter the workforce and/or enroll in continuing education coursework after completing training. 4. Program Services: TSJ Tech provides an intensive, multi -level job training program to prepare young adults to enter the workforce in the areas of general building repair, carpentry and weatherization. Student apprentices who successfully complete their job- training at TSJ Tech receive certification as a pre - apprentice in the construction trades. Placement in Jobs or Continuing Education: TSJ Tech has a strong program linking student apprentices to employment through job preparation workshops, participation in job fairs, resume preparation, referrals and job coaching. Job resources are networked through SAWC. SAWC is in close geographical ri proximity to the TSJ Tech site and will make its services and resources available to student and graduates of our work experience programs. SAWC staff will have an active role in the presentation of job skills to TSJ Tech student apprentices. In addition, TSJ Tech student apprentices who have not completed their secondary education are encouraged to co- enroll in a high school diploma, GED test preparation class or computer certification program. These diploma and certification programs are sponsored through Santa Ana College /Centennial Education Center at the Taller San Jose education program site. All educational and leadership training programs sponsored by Taller San Jose can be utilized by TSJ Tech student apprentices on an open - enrollment basis. A network of local employers including: Austin Hardwood & Hardware, Shea Properties, White Cap, HCS- Cutler, Home Depot, and a number of local contractors will provide employment opportunities to graduates. Likewise, OCCC will offer paid work experience and continuing education to those youth who are not ready to enter the workforce immediately upon completing their training at TSJ Tech. 6. Follow -up: Providing follow -up to students after they completed their studies or job- training is a key part of the relational model used by Taller San Jose. TSJ Tech is committed to providing follow -up services including mentoring, job coaching, and support services to 100% of its graduates. Follow -up services provide a stable foundation for students to build on as they transition for unemployment into the workforce and include: • Providing job placement and referral to student apprentices who achieve certification in job- training coursework. • Assisting students apprentices to maintain employment for a minimum of 6 months after placement through ongoing job coaching, mentoring, and support services. • Working as a liaison between employers and graduates for a minimum of 90 days after placement. All follow -up services will be provided to graduates for 12- months after their completion of job- training activities. Staff mentors will provide intensive support through the first 90 days after placement providing weekly meetings. As graduates acclimate to the workplace, meetings will happen on a bi- weekly or monthly basis. Staff Plan There are four full -time and 2 part -time staff members available to student apprentices at the TSJ Tech facility - a 3:1 student to staff ratio. Key staff for TSJ Tech include the following people: Sister Eileen McNerney (.20), founder and Executive Director of Taller San Jose. Sr. Eileen has been a Sister of St. Joseph of Orange for over forty years. She received her M.A. in Educational Administration and a M.S. in Counseling Psychology. She is on the Board of Trustees for St. Joseph's Hospital and is a member of the WIB Youth Council. Shawna Smith (.75), TSJ Tech Program Director. Shawna has worked at Taller San Jose for over three years assisting in the development of numerous projects including TSJ Tech. She received her B.A. from Santa Clara University and spent a year working with the Jesuit Volunteer Corps in Orange County. Sister Christine Ray (1.0), Operations Coordinator. Sr. Chris worked as an administrative assistant for the woodshop for two years. She received her B.A. in Liberal Arts from Loyola Marymount. She has been a Sister of St. Joseph of Orange for over twenty years and worked as a chaplain for St. Joseph's Hospital for ten years prior to coming to Taller San Jose. Daniel Suarez (1.0), Training Coordinator. Dan is responsible for the management of all job - training elements including: instructional curriculum and materials, supervision of instructors, student trainees, and volunteer craftsmen, operating within established program budgets, overseeing building maintenance, and working with local businesses to acquire materials and supplies. With over 30 years of construction and woodworking experience, Dan provides strong mentoring and practical experience to the training environment. Kennedy Burkett (1.0), Training Instructor. Kennedy has worked with the woodshop program since 2000. He is a licensed general contractor and has over 30 years experience in woodworking. Serafrn Serrano (.25), Job Developer. Serafin has over 7 years experience working with youth from high risk communities. He has worked in the job development area for the past five years with Taller San Jose and the City of Santa Ana. He is currently working on his Associates of Arts Degree in Human Services. Over his past three years at Taller San Jose, Serafrn has developed a Career Preparation curriculum and facilitated workshops, monitored Career Center activities, tracked student job placements and referrals and conducted follow -up reports Serafrn is a highly relational mentor and role model who is both bilingual and bi- cultural. Arturo Guerrero (.25), Case Manager. Artworks closely with students with criminal and/or drug and alcohol issues. He received his B.A. in Psychology from Pepperdine University. Before coming to Taller San Jose, Art worked for over twenty years as a federal probation officer. Due to anticipated program growth, Taller San Jose recently implemented a student tracking system which monitors student attendance, goal setting and achievement, educational assessment and progress, as well as assisting with recruitment and retention efforts. This information helps staff target students in danger of dropping out of educational or job training programs. Facilities TSJ Tech is located in a newly developed 10,000 square foot industrial building located at 810 North Poinsettia in Santa Ana. The space provides adequate room for everything from classroom work to large scale building projects. Taller San Jose worked closely with the City of Santa Ana, during the development of this program, to establish this as a suitable site for a trade school. The Santa Ana City Council approved this usage and provided a variance for all training activities. In addition, Taller San Jose offers continuing education programs at its initial site located eight blocks west of TSJ Tech. Taller San Jose has operated at this site since October 1995. About the Organization Description of Proposer Taller San Jose (St. Joseph's Workshop) is a non - profit, faith -based organization whose sole purpose is to work with undereducated and unskilled young adults. Since 1995, Taller San Jose has worked with more than 1,500 young adults in Santa Ana and the surrounding communities providing: education, job - training, counseling, transportation, childcare and job - placement. In addition to a GED and high school diploma program, Taller San Jose offers job training in computer technology, nurse's aide certification and early childhood education. Since 1997, Taller San Jose has trained and employed 70 young men in beginning carpentry and cabinetry skills through a woodshop program. Building on its woodshop experience and expanding its capacity, Taller San Jose opened a new job- training program offering paid job work experience in the construction trades earlier this year. The typical Taller San Jose student shares seven of the following characteristics: • Is Latino • Is between the ages of I8 -28 • Has not completed high school • Is a parent • Speaks both English and Spanish • Lives in over- crowded housing • Is unemployed or underemployed • Has been incarcerated or has been involved in gangs, drugs, or crime Taller San Jose is a multi - service program. Services include: a High School Diploma program, Computer Education, Office Skills, Convalescent Nursing Assistant Training at both the beginning and acute care levels, mentoring and counseling services, life skills, job - preparation, job - placement and job coaching, bus passes and childcare support. Taller San Jose developed seven core goals for out -of- school youth and all program components work toward helping students to achieve these ends. Within the period of one year, students are asked to complete five of the following objectives: • Obtain a GED or complete a diploma program • Master basic computers skills • Attain a driver's license • Open a bank account and use it • Stay crime free for a minimum of one year • Register to vote • Get a job that pays above minimum wage Taller San Jose serves as a structured and supportive environment in the center of the city for young people who are caught in the cycle of poverty and need further training to become financially independent. The program creates a structured, comprehensive 10 environment where young people are empowered to become self - reliant, productive adults within one year of their enrollment. In 1998, the program was awarded the Audrey Nelson Award as one of six programs in the country noted for creative use of Community Development Funding. In 1999, the Pew Charitable Trust named Taller San Jose as one of 19 programs in the country that it has chosen to research and study. This research project, Wanted. Solutions for America, has identified programs which creatively address society's most critical issues. The Measure of Success For 3 consecutive years, Taller San Jose has had the highest graduation rate for GED graduates in the city of Santa Ana. Taller San Jose's Personal Empowerment Program (PEP) has resulted in 85% of participants finding and sustaining employment at $8.00 + per hour. Taller San Jose has been named by the Pew Partnerships as one of 19 programs in the country designated as Solutions for America and is currently participating in a research project through Pew to evaluate the goals and outcomes of the program. Sister Eileen McNerney, Taller San Jose's executive director, has twice been named as a Woman of the Year for the State of California (1998, 2000). Experience Taller San Jose serves the educational and job - training needs of the undereducated and unemployed out -of- school youth population of Santa Ana who have fallen through the cracks of traditional educational systems. Taller San Jose accomplishes this by providing a comprehensive package of services including: 1. Providing coursework a high school diploma program for out -of- school youth as well as one -on -one and computer tutoring for students enrolled in the GED program. Over 200 students have successfully completed their GED since 1998. 2. Assistance with transition into community college. A transition specialist from the Rancho Santiago Community College District works directly with students with completing the necessary application, registration, and financial aid forms. Students that take advantage of this resource also receive priority registration for their first semester within the community college district. 3. Through links with the Santa Ana WORK Center and local EDD office, Taller San Jose has provided both placement and referral opportunities in the summer youth employment program. 4. In addition to TSJ Tech, Taller San Jose offers two levels of Convalescent Nurses Training (first level and acute care) which provides 18 weeks of classroom and 11 clinical instruction. Students who complete this training are eligible for certification by the State of California. 5. A program focused on developing young leaders — Personal Empowerment Program (PEP) — invites students to participate in a 7 -week course addressing personal leadership, teambuilding, networking, public speaking, goal setting, and personal empowerment. Students receive $7.00 /hour to participate in the program. 6. Monthly bus passes and childcare vouchers are available to students who maintain an attendance rate of 90% and attend a minimum of three Life Skills workshops a month. Attendance is tracked through our Social Services Coordinator. 7. All Taller San Jose students 18 -28 years of ages are assigned to an adult mentor on staff. Taller San Jose is a highly relational program. Adult mentors assist students with goal setting and work as an advocate for the student. Mentors meet weekly with students and stay in communication with teachers about progress. 8. Through an extensive Life Skills program known to students as El Camino, Taller San Jose offers education on topics such as parenting skills, physical abuse, drug & alcohol abuse, financial matters, anger management, staying crime free, job preparation, interviewing, resume writing, and many other issues. A staff member with 30 years experience with the criminal justice system provides support for students dealing with a criminal history and works as a contact between local drug and alcohol resources. Fiscal Capacity Since it opened in 1995, Taller San Jose has demonstrated clarity of vision and credibility in the community for dealing with hard -to -reach young adults. The program has been funded by 27 different foundations and over 1,500 individual donors. Accountability requirements and administrative measures have been developed to handle reporting requirements and tracking systems for all income and expenses including grants received by Taller San Jose for program purposes. Accounting software allows each grant award to be assigned a cost center code which tracks income and expenses related to each grant. Monthly reports are generated alerting staff to upcoming report deadlines. In addition, each year Taller San Jose undergoes an independent audit of its fiscal systems, inventory tracking, and funding management. Sub - Contracting: Taller San Jose is not an island. Located in the geographic center of Santa Ana, the program interacts with numerous educational and social service organizations to accomplish its goals. Taller San Jose views its role as a strong advocate for the unseen and underserved out -of- school youth in Santa Ana. The program acts as a powerful broker in the community — recruiting students who are least likely to return to education or training and providing a support system for these young people, mentoring them into productive adulthood. Taller San Jose addresses the needs of out -of- school youth (18 -28) with the collaboration of the following partners: 12 Orange County Conservation Corps has worked with Taller San Jose on numerous community committees and referred clients to services offered by the other on an informal basis. We believe that a more formalized partnership makes sense for numerous reasons, the foremost being our strong commitment to providing quality job- training, work experience and educational services to at -risk youth. A Memorandum of Understanding formalized the commitment of both organizations to work together to: • Facilitate the development of a comprehensive youth services delivery system in the County to meet the needs of youth; • Create and sustain a partnership that will increase the capacities of our organizations to serve youth; • Advocate for youth; and, • Create and sustain partnerships with other private and public agencies to leverage available resources to serve youth. Matching Funds: $268,000 • Santa Ana College provides instructors in GED test preparation, High School Diploma and Computer Technology offered at the Taller San Jose campus site. Counselors meet with clients on an on -going basis related to programs and matriculation in community college programs. Cost: In -Kind • The Orange County Probation Department provides a staff liaison to TSJ Tech. This individual advocates for alternative sentencing, identifies and refers appropriate participants and coordinates supervision of individuals on probation. Cost: In -Kind • La Familia Drug and Alcohol Prevention Center: serves as a referral site for students dealing with issues related to substance abuse including individual, group and family therapy. Cost: In -Kind 13 H H W H DC W v R bD L 0. o� o # o y� F N ° 94 W U .o a W s C n � c o u 4 0 c rx/1 Q R' o u It 0 0 0 U L A W o 0 0 u 0 i v H M M m zt M i M r ti v J A G � b O U v' — s� c - c O M # O M o O � c_ -a U o a 0 It 0 0 0 0 A W o 0 0 0 0 0 H M M m M M M A b O M O O M O O n O O C4 O � O U ro Z W Ir F�1 a� Fo H F h Ho H �O 0 '- C G V �"• 4n ' b O C CL U 7 � b ro > U O p r � 7 �.• `� N v vi C O y ❑ vi v o E y 3 or C O G R O U O O bb 3 c c c o �•� �" o o M o� is C w� b C O �❑ b ca ctl .. U ,.`� . C. G C O U O � C O to ..C. _o a o I L CD 3111104 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); In. 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. 11. 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 D COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT WIA Santa Ana Local Workforce Investment Area July 1, 2001 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 ........ ............................... 6 111. 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 GLOSSARYOF WIA TERMS ......................................................................... ............................... 18 1 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 2. 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. 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. 10 Emergency Emplovment 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. C. Provides details that tell what happened, where it happened, and when ithappened. 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 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. 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. 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. 7 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); C. 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. E +3 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 a. 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 0 A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 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) d. 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. 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. 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. 7. 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. 8. 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. Such 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 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. B. Conduct of Hearings. 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. 2. 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: 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. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a 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 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 )A/71A programs operated by LWIAs Informal Resolution Process I Filing of Complaint / Request for Hearing Notice of Hearing issued by LWIA Hearing Conducted LWIA Decision within 60 days i 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 w 0 a 0 b 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. 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. 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 LWMIState Decision or 90 - days fi-om 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 LWIA Decision within 60 days Unsatisfactory Decision or LWIA Decision not issued within 60 days Request for State Review I Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL w 0 w 0 a 0 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. 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. 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 days from date of initial filing of complaints 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 (CP), 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. in 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. G Grantee /Contractor Organiz A 11 e 3 Certification Regarding Drug -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 (f)• 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: 11.2=-14:7 A� Program Operator DIVISION OF EMPLOYMENT SERVICES I. PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name of Contractor: - r 'L llt� Contractor Number: Date: ar /a-3 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 i1� SELF - CERTIFICATIONS Location of Records - f,* 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 - t ru V Initial 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- e- 04' Initial My organization agrees to provide a drug -free work place and to execute a certification as set forth in the contract. WILL SUBMIT ,,..ms�µ1. � Single Audit G_ Initial My organization has has or has not V/ expended $300,000 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 - C�N` Initial 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. Submit Copy of Policy Automobile Liability Coverage - -!A` v 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 - C, P� Initial I understand, 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 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 �' ✓�� -fir � s gnature 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 Register (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. w eD i rwf, -- Name and Title of Authorized Signature Dat� EXHIBIT G Taller San Jose Tech (TSJT) ✓ OUT -OF- SCHOOL BUDGET Line Item Budget 1011103 — 6/30/04 * See Budget Narrative — separate sheet following detailing these costs Revised 9/9/2003 Administrative Program Total WIA Match/In Kind Personnel Expenses Salaries* s0 $202,459 $21,959 $180,500 Benefits $0 $28,124 $0 $28,124 Other — StudentApprentices* $0 $43,670 $19,850 $23,820 Total Personnel $0 $274,253 $41,809 $232,444 Operating Expenses Rent or User Fee - - - - Utilities - - Telecommunications - - Parkin Fees - - Securit - - Maintenance - - Insurance - - Equipment Rental Fees Purchase Vehicle Lease Charges Office Expenses consumables - - Accounting Services - - Le al Services - - Auditing Services - - Indirect Costs - - Staff Training - - Staff Travel/Mileage - - Customer Training - - Support Services* - - Profit (for profits only) - - Other — Uniforms & Instructional Materials* $0 $6,560 $6,560 $0 Total Operating Expenses $0 $6,560 $6,560 s0 GRAND TOTAL $0 $280,813 $48,369 $232,444 * See Budget Narrative — separate sheet following detailing these costs Revised 9/9/2003 i Taller San Jose Tech (TSJT) ✓ OUT -OF- SCHOOL BUDGET BUDGET NARRATIVE Proposal Budget See for Budget Form for line items. Personnel Expenses: Cost: WIA: Staff Salary Training Instructor (1.0) $50,000 $21,959 Student Wages 5 youth @ $3,970 each $19,850 $23,820 (420 hours @ $7.50 /hour) Sub -Total Personnel: $41,809 Operating Expenses: Other — Uniforms 5 uniforms @ $205 per youth $1,025 Instructional Materials 5 youth @ $1,107 each $5,535 • Includes project materials (i.e. lumber, drywall) tool belt, hand tools, safety gear, book and workbook Sub -Total Operating: $6,560 Total Operating $48,369 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 RightFax 9/11/2003 7:28 PAGE 2/3 RightFax ACORD„ CERTIFICATE OF LIABILITY INSURANCEP.ge I of 2 09/11/2003 PRODUCER 877- 559 -6769 eillia Rnrth jum ine, Inc. - s�gional Cart Bntac 11201 R. Tatm ml.d. suits 300 Phoania, AA $5028 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 INBORED Siatszs of Rt. Jsssph of Orengs 480 south 9.atevia Orange, CA 92860 - r)Wjtr -' n24 ' ��/ INSiXERA: Anamcan OmIty Qr.qp Ltd 00929 -001 INSIIPE0.B: INSUERC: IN9URERD: INSIAiERE: THE POLICIES OF NSURMICE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POUCY PERIOD NDICATEO. NOTW ITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY PERTAN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVEBEEN REDUCED BY PAIDCLAMS. TYPEWWURAI E POLICVNUNBER I POMCT P N LINTS A 4wMALLBanm VAX- CGL -03 -01 -019 6/30/2003 6/30/2004 EADHODDIS iENaz i F4V -WMAGE M metre { COLIIERCWLGOiOULILEBLf1Y Q.VASMAOE ®OCCIAI LED EXP PER90HALaADVINIURY E LrNERALAGmREGATE t 2,000,000 APPRO Ell AST FORM 0EWLMOREOATE LMT APPLIES PEA: PRODUCTS- COMP.OPAGG S POLICY I!)C AIfEOMOBILEUAa U1Y MYAUTO Laurel Slit. CC MEOMNGLEULOT (Eaamdeo) i dy ALLGWNEDU 9CIEDUEDAUT08 Deputy C11 Y Attorney DDOErIH,Anv (PrpwmA) i SOOY.Y IN,RIRY (Pwaocitlantl { IM>FDAUl05 NDNdIAJt3)NJTG3 P�RDP PTYVIDeWOE { OARAOEUAe� NITOOILYEAACCIDBIi j M YAU 0 OTHER SAGO AUTOOIAY: AGO j E%DEM UABLOY OCOM CWMSINCE 6TCHOCCISifl@eq: j AGGREGATE 3 j FIETBRION E 1MDMEME COMPINGATONMO E Li1PL OYERB• LLAMU" - LLEACHACLTDENT j ELOISEASEmFA EMPLOYEE E LLIX8 SE-POUI LMT j OTHER DEBCBPTIONOFOPEAAnONMLOCATiok 6y LEL cLWIONSADDWBYENDORBBJBRBPBnALPAO K*A Cart!£ieat% Bolder added ae Additional. Insured by endormam ent to policy subject to the terms Bat forth in the ondareanent. SSJO d San ha Taller Sa Joea, Block Grant, 810 N. POinaatta, Santa Ana, CA 92701 CFATTROATP MME u SHOULD ANY OFTHEA90VE DESCRIBED POUa E3 BE CANCELLED BEPORETHE EXPHIAMOH DATE TMERWF THE IatUNOINSURER WILL @IOEAVDR TO LWL 30 Mn WMTTEN City OL = SUB' its OffiOere, agent" NOTICE TO THE CEIRIRCAn HOLDER NAMED TO THE LE I,�B end ffiployas COMMUnity Develepgymt Agency 20 Civic Centex Plaza BO. 1125 - P.O. Dos 1990 Attn: Lacy Flores A ED P L�BITATNE ESanta Ane, CA 92702 , ACORD 25 -S(7AM 0011:812178 Tp1:202105 Cart: 414504. O ACORD CORPORATION 1988 i7 RightFax 9/11/2003 7:34 PAGE 2/3 RightFax ACORD_ CERTIFICATE OF LIABILITY INSURANCE Page 1 of Z 09/ 1/2003 PRODUCER 877 -559 -6769 THIS CERTIFICATE IS ISSUED AS A- MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Mllis V.-th ADacica, Lac. - A 91=al cs t Center 11201 M. Tetm Bl.d. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE suite 300 PheeDi :, AE 85021 INURED Siateca of Bt. Joseph of Oceago IHSMAA: Bactford Co of the Midesat 37478 -001 480 South Batavia Oraiga, D 92868 IN9UIEA8: NBURER C: INSURERD: j INSUIERE: 5 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED, NOTWITHSTANDING 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 SHOWNMAY HAVE BEEN REDUCED BY PAIDCLAIMS, ml TYPEOF"IMNCE POLICY NUMBER City Of Santa Ana, its Officers, agents and Employes Cavmunity Development AgeDCT 20 Civic Center places POU Y T UMTs No. M25 - P.O. Boa 1980 Attn: Lucy Vlorev aanta Ana, CA 92702 GeNERALUas11J1Y ACCYRD OA'.R T7AYT1 EACHOCCMFIENCE j RREDAMAGE M meta 5 HCONAERGAL OENOM DASILTTY CLA819MAOE EJOCCIq MEDEXP w emn j PERSONALSAUVINIURY { GENERALAGGREOATE j OFNIAGOPEGATELMTAPKESPER: PRODUCTS - COIWDP AGO E P D Loo A 011100I1LEUANUTY NNYAUTO �L17MMmHNCLE DMIT 1 j, ALLPMEDAURTS BDF®IAEOAUT08 BODILY INJURY (PbpeMn) : HIREDAUT05 MJT08 APPaM ED AS TO FORM BODLV INJURY (Pe'') i lPrRc)pfl:rryIMMAGE i GARIIGEUABILRY AUTOONLY- EAACCDENT E N VAUTO I_R T'2 S dy OTT1Bi THAN EA ACO i = ' ci y AtIorpey AUTOOeaV'. AGO MOBBS UAMLDY OCCUR CLA sIVADE EAp1OCCAAiREHM j AOCINIATE E Is i OEULICTItyE RET@AION A waRIGOM nORAND 72ME93300 5/31/2003 5/31/200A EL EACH ACCIDENT j EL DISEASE. FA EMPLOYEE S D EL DISEASE -PCUCY LINT E OTHER DEACRRn10N OFOPp1ATIONBILOCATIONRNEMCLEti %CIMWpp ADDED BY MOORS WENUSPEGAL PROYINONB Re: SSJO dba Taller Ban Jove, Slock Grant, BIG N. poinaetta, Santa Ana, CA 92701 CFRTIPRCATE MCI nrR I I ...... w11 :812130 Tpl:loalil Us= :J424506 _ CACORDCORPORATION TB88 BHOULO ANYOFTNEASDVE DESCRIBED POUG£t BE CANCELLED BFFORETHE EARRATION WMTTEN MTE THEREOF, THE MBUMIMURER WILL ENDEAVOR TO MA,IaL�a3eGe City Of Santa Ana, its Officers, agents and Employes Cavmunity Development AgeDCT 20 Civic Center places �DAR NOTICE TO THE CERnRcxTEHOLDERNAMEDTO THE LI£Te- No. M25 - P.O. Boa 1980 Attn: Lucy Vlorev aanta Ana, CA 92702 AUTHORGEDREPRIS An ACCYRD OA'.R T7AYT1 ...... w11 :812130 Tpl:loalil Us= :J424506 _ CACORDCORPORATION TB88 *POLICY NUMBER: UNI- CGL -03 -01 -018 (1- 14601 -00 -03) *INSURED COMPANY NAME: American Unity Group ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON or ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: St. Joseph Health System City of Santa Ana and its Officers, Agents, Employees and Volunteers are named as additional insured as respects their interest in connection with the named insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your operations or premises owned by or rented to you. IT IS AGREED THAT ANY INSURANCE MAINTAINED BY THE CITY OF SANTA ANA SHALL APPLY IN EXCESS OF, AND NOT CONTRIBUTE WITH, INSURANCE PROVIDED BY THIS POLIYCY. Agent's Signature: CG 2010 11 85 (21 g)C SAMPLE— Additional Insurod with Primary /Non- Contributing Language Added APPROVED AS TO FORM.: La re Shcedy Deputy City Attorney DATE ACORD. CERTIFICATE OF LIABILITY INSURANCE page I of 2 07107/2004 PRODUCED 877 - 945 -7378 Willis North America, Inc. - Regional cart center 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. 26 century Blvd. FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, POLICYEXPIRATION A NY P. 0. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE INSURED Sisters of St. Joseph of Orange NSURERA. American Unity Group Ltd C0929 -001 A 480 South Batavia INSURER B: INSURER C: Orange, CA 92868 INSURER D' NSURER E. td Af:f1RI7 CEIRPOR ATION 7988 COVERAGES THE ANY MAY POLICIES, INSR T POLICIES OF INSURANCE LISTED REQUIREM -ENT, TERM OR CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN TYPEOFINSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED HEREIN MAY HAVE SEEN REDUCED BY PAID CLAIMS. POUCYNUMBER NAMED ABOVE DOCUMENT WITH IS SUBJECT POLICYEFFECTIVE FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, POLICYEXPIRATION A NY PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS 6/30/2005 EACHDCCURRENCE S 2,000,000 A GENERALLIABILITY UNI- CGL -04 -01 -020 6/30/2004 FIRE DAMAGE (Any one lire) $ X I COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR 1 td Af:f1RI7 CEIRPOR ATION 7988 ME EXP(L&ADV person) $ PERSONAL BADV INJURY $ 2 000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP /OPAGG S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PR� LOD AUTDMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALLOWNEDAUTOS BODILY INJURY (Per person) $ SCHEDULEDAUTDS HIREDAUTDS BODILY INJURY (Per accitlent) $ NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO 0 HERTHAN EA ACC AUTO ONLY: AGG $ S EACH OCCURRENCE $ EXCESS LIABILITY OCCUR CLAIMSMADE - - l`a'�� AS AGGREGATE $ $ _r i©VED $ DEDUCTIBLE RETENTION $ WORKERSCOMPENSATION AND EMPLOYERS'LIABILITY /d C f' K C11�AYtOY h'° WC STATU. I JOTH. T A $ E. L. EACH ACCIDENT $ E.L.DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS EHICLEStFXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The Certificate Holder is named as Additional Insrued by endorsement to the policy subject to the terms set forth in the endorsement. Re: SSJO dba Taller San Jose, Block Grant - 810 N. Poinsetta, Santa Ana, CA 92701 CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LEI mn: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL X XK MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LErtlCEtilF1`]GJ�LiKXB}C11YLL �Q1( AIOf��biJ l{ XIX�X' M' �` iSJQ1Y. ��Lf�O }ii�Q(Fi�JJfaIC5105']Q�SL(yf}�. Santa Ana Work Center Pl�ISHSa91Y %9€XX 1000 E. Santa Ana Blvd. Suite 2000 AU ORIZED ESENTAMVE Santa Ana, CA 92701 td Af:f1RI7 CEIRPOR ATION 7988 ACORD 25- S(7197) C011:ltubJea rpL:26u>si DATE ACORD,, CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 06/2512004 PRODUCER 877 - 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional cart center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26 Century Blvd. P. O. Box 305191 INSURERS AFFORDING COVERAGE Nashville, TN 372305191 INSURED Sisters of St. Joseph of Orange INSURERA: Hartford Insurance Company of the Midwest 37478 -001 PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS 480 S. Batavia street INSURERB. INSURERC'. Orange, CA 92868 INSURER O' INSURER E' $ COVERAGES POLICIES OF INSURANCE LISTED REQUIREMENT, TERM OR CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN BELOW HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED HEREIN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY NUMBER NAMED ABOVE DOCUMENT WITH IS SUBJECT C EFFECTIVE FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, POLICY EXPIPATION PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS THE ANY MAY POLICIES. INSR LTR TYPE OF EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) 1 $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR person) PERSONAL& $ ADD PERSONAL &ADV INJURY $ GENERAL AGGREGATE S PRODUCTS.COMP /OPAGG $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO LOD AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ee acci0 $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Perperssn) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accdent) $ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGELIABILRY ANY AUTO -y ,.,- 7t -/�1'~ �. '� AUTO ONLY - EA ACCIDENT $ EAACC OTHERTHAN AUTO ONLY. AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE \� ''� P, hca�i \�Ly . -P / U_IV/ EACHOCCURRENCE S AGGREGATE $ $ $ DEDUCTIBLE $ A RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 72WNC93300 5/31/2004 5/31/2005 WC STATU- OTH- X TRY t E.L. EACH ACCIDENT S 2 500 D D D E.L. DISEASE. EAS PLOYEE $ 2,500,000 E. L. DISEAS E- POLICY 1-1 IT 1 8 2 5DD DDD OTHER DESCRIPTION OF OPERATIONSLOCAnONSNEHICLESIE XCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: BSSO dba Taller San Jose, Block Grant - 810 N. Poinsetta, Santa Ana, CA 92701 CERTIFICATE HOLDER I I ADDITIONAL INUUKLU; iNbum=m— 1�_.. ------- - - - - -- - -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XdGY.I61SXX11 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF1C�`IGOElSKYri �Y-YdSl6x,L IXilfdP4:X Ib515�SFI Gdim5105MXiXiEQ LiF]f7G761QfKI01fIXClt15XR��,var eseDx %5%N660CY.7A7C Santa Ana Work Center p(�jQq�g 1000 E. Santa Ana Blvd. AUTHORIZED REPRESS TATI Suite 2000 Santa Ana, CA 92701 ACORD 25 -S (7197) Co11:1027012 Tp1:272507 Ce t:449D 11 ©ACORD CORPORATION 1988 SJUR RTC% MANAGFWNT Q004 07 /1Z /R004 11:oa ?Al 714 .147 ?BOB ADDITIONAL INSURED ENDORSEMENT FOR CO1V WRCIAL GENERAL LIABILITY POLICY Insurance Company: AMW01111=y Grouo L - This endorsement modifies such insurance es is afforded by the provisions of Policy # i�]lyy- . ^4 01- t)20 (1- 14G41 -00 -0441 ielating to the following: 1. The City of Santa Arm 20 Civic Center Plaza, Santa Ann, California 92701; its ohs employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds') with regard to liability and defense of suits arising from ins the operabous and uses performed by or on behalf of the named insured. 2. With act to claims arising out of the operations and uses performed by or on behalf of fm rimed 1mora 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. 17»a 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 pereom or Organization as an insured shall not affect any right which such person or orgeoization would have as n claimant if not so included. 4. With respect to the additional insureds, this insurarux shall not necancelled, or materially reduced in coverage or limits except after thirty (30) days boon given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana California 92701. (Completion of the following, including eountcrsignature, is requited to Make this oadorsemrent offective.) Endorsement A3 Ef fecnve 06/30/04 to 06/30105, this endorsement form as a part of Policy# 1Tr11 -Cac - 01- 020f1- 14601,00 -041. Tuned to St toeeoh Hod% Svatem Named Insured l_= PROVED AS TO FCCounteraignedby Arrtbotized Representative LISA E. STORCK A,.cist:�nt City Attorney MISSION r RUI'I I HLLCK bHN It'-11 08/16/9006 18129 PAX 71.4 AA7 76RR rH /14J ¢.TUC RTAR MANACRMFVT Sep. 09 2005 09:39PM P2 Z002 ACORD„ CERTIFICATE OF LIABILITY INSURANCE P, e 1 of 2 07/08/2005 IRN TWHOP [IIMMC9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ►waUCIR 877 -945 -7378 ONLY AND CONFERS NO RIGHT3 UPON THE CERTIEFICATE 3 NOT AMEND, EXT NO OR willia Marty America, 300. - Regional Cart Center HOLDER, THIS CERTIFICATE 00 ALTER THE :OVIERAQE AFFORDED BY THE POLICIES BELOW. 26 Century Blvd, ONWRA4 P. o. boa 398191 IraPhville, M 312305191 INSURERS AFFORDING COVERAGE INSURER& AeeriaJa Onit Oro Ltd -- NJUCM 00999 -D03 mull= Sisters ar Bt, .Toas9h of Orange t - 490 South Batavia orange, CA gloss PBRSONALIADVINJURY W8IJPER E 1i47v H L1 'o THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07WITHSTANOING ANY REgUB(�EMTXT, TERM OR CONDITIIO�NN OF7AN�YpCONTRACT OR OTHER DOCUMENT WITH RIEBPECT TO WHICH THIS CERTIFICATE MAY BE 189UE0 CR MAY IqE�& AGONEGATE INSURANCE BHO_WN MAV HAVE BEENREpUCDESCRIBED E 6 I CLAIM616 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH "r IRN TWHOP [IIMMC9 P01JCYNW IM Y 6/30/2003 Jalrawir 6/30/2006 LIM11 TI A ONWRA4 LIABILITY COMMBRCIALOENEMUANUTY OIAIMSMADB OCCUR U141- O43L -05 -01 -021 68ONOCCURRENCE ., lEALarJ[0 MEDEIP Ma e11T),.. f OOD.000 5 t PBRSONALIADVINJURY f (f_09_~ G JWER!j_AGORE"Tq. f �• yQaQ-_ 0 OBNIAODMOAT _ UMR APPLIES PER: PRODUCT$- COMPAOPADO I Pouw vIOMOIBA UAMLDY ANYAUTO OOWIW031NMR UNT IEs saoMMq f - .--,- 3 ALL OWNED AUT06 SCHPDLILPDAUT02 BODILY INJURY (P[rpwwA) 0001LYINJURY (Parawld"11 t______.._.._..._._ t HIREOAUTDS NON- OWIRDAUTOB ry' PROPERTY DAMAGE (P.rsaNdM9 OMAOS LIABILITY 1,, In AUTO ONLY - EA ACCLgFp_! S , f ANYAUTO 1'yL ✓ pRGK OTHERTHHpAN EAACC AUTO Ora Y. 900 INCP"LMAILRY OCCUR n CIAIMSMADE X. ASSISI t ow AtLOr ` GAON OCCURRENCE —.- AGGREGATE.... b 5 f _. DEDUOTHU RETENTIONc;TpTU WOWJMCOMPINDATMNANO EWLOWRS' UAMUTV PROPoETARfNER ficume UNSC .MMBaOOIIUUiiSSDD ELEACHACCIDENT ;WFIUEO FLDIGEASE -FA EMPLt E �OISEASC- POLICY f nfBR OpCMPr4NOPOMMTWN"OCATNHNINMM M9CWMONaAON10MBN MMONTWWALPRMSI)NS Certificate Holder added an Additional lnsurad by endorsament to policy Subject to the terms Sat forth in the endorsement. BBJO dba Taller Ban Jose, Block grant, BID N. Poineetta, Santa Ana, CA 92701 City of Santa Ins, its ofrioare, agents and 1 a Ooamweity Development Agency 20 Cic Canter Plana NO. M23 - P.O. Sea 1980 Atcal Lucy ►loree Santa Ana, CA 92702 INOULOANYOPTN4ABOVIONICR tWDPOUCH! WCANCBLLIDNBPORPTNBBIPIItATION DAT/ TNIRIOP, THE IIBUINC INIURIR WILL VAW�rMAL 30 DAYS WRIITBN WOMB TO THI CBIITIPICATI NOLORR MAMBO TO TH9 LIFT+ ---- •�--- i-- -••��r vouaaaw'Fee yp11389028 Cert I39B92o7 OACORO CORPORATION 1989 r KUM .IHLLtK bHN ILUM 08/15/2005 18:24 FAX 714 347 756A FHK NU. : e145b'J0'J41 9199 RISK MANACRXRVT Sep. 09 2005 09:40AM P3 121004 &Q8?r. ANY REQUIREMENT, TERM OR CONDITION ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR CERTIFICATE OF LIABILITY INSURANCE;*js 2-of 2 1 05/2711005 PNOOuca 877 -945 -7378 THIS CERTIFICATE 16 ISSUED AS A MATTER OF INFORMATION ONLY AND CON W5 NO RIGHTS UPON THE CERTIFICATE Millis North AINars", 1a0. - Regional Cart Center 36 century fivd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMEND OR ALTER THE (:OVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAICM P. D. Aar 103191 Naahville, TO 372309191 INEUR60 Sisters Of gt. Joseph cE Orange INSURERN farCMrd insurance Company of the nidvast 37478.001 ego South Aetavia Orange, CA 97163 NBVRERE -_- -- ,_....- _.__....— ...._.._'-' NTED MEO Ex &JAne e"00.2_ wBURENc -- -._, S BVBURER6 -„_ R E: d•713TT117:1 THE POLICIES OF INSURANCE LIST80 BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR DOFF MAY PERTAIN AIN THe INSURANCE IM Y A FN THE POLICIES OEBCRISED.IEAEI91S SUBJEOT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH VE BEEN REDUI.EO BY PAID CL I _..— _..— __._._.._. _....... TrrrGPINEURANDE YRU P �JCY�Py1 DN LMara SSR�GU NRIPALUAaLT• -ACHOCCURRENOE '�0 6 — CaMMENCIALGEHQNPLUA01LRY CLAIWMAIM ED OCCUR NTED MEO Ex &JAne e"00.2_ $ -- -._, S -„_ PERSONAIAADVINJURY GBNEAALAGGREOATE GDN'LAOGRgO7j;ITAPPLRe PER PRODUCTS- COMNOPAGO S -- POUCY AUTONOBRELMNLRY AMY AUTO i]ED CU Q Fc.. EASMAMgSINCLE LIMIT S ALL OWNED AUTOS 11CHEDULEDAUTOO HIREDAUTOB NONCWNEDAJr08 _ _- _...._, ._....�......._ 1 >- �(SA pssistan t $' j C" Y, ��ty Attorne BODILY INJURY (P+TPmm) $ a00LYINJURY (Permenenq ._ ....... ... a PROPERTYOANWCE (PM.ncMPnO a GARAGE UAfR11Y AUTOO/LY.EAACCIDENT S OTHERTHAN EAACC AU ONLY: ADD S ANYAJTO S EECSfs L1AaRTTT OCCUR CIAINBABWE FAH CURRENCE S AGGREGATE _ i f DEDUCTIBLE _ a RETENTION 6 A VWOAMBCCOMPN`ITONAND 72WSC93300 5/31/2005 5!31/2006 r-)ISEA4E-6A!LMPLOYEE. EACI1 ACCIDENT •,,. .._ 9 a,,Qf�_Q,AQQ, OTflc6MAfiBRE E% 110EDPofiXEDUTNE OPFICEfUMEBRE % U fAWLF1 dR IALP D18EASE- POIJOY OTHER DEEOIPTION OF GnRA7w1BA. YICMFMHMAaMUUfNNa Amron •aNGOafBNR!wNSreG1ALPRrnnfwNe Rol 69JO dba Taller Ban Jose, Block Giant, 910 N. POinnotta, .3anta ADa, CA 99701 City of asnu an&, Lea officer., &genes and 6gloy.. Community Develol.eant Ago"y 30 Civic Center Plaza NO. N33 - P.O. Has 1880 ateno Lnay Flora& gout* Ana, Ch 97702 SHOULD AMY OPTMIAIOVE0"0409D rouCMB of CANOELLED 9CPOK TK ""RATION DATE THEAEOP. THI! MOVING INSURER WILL MAIL 30 DA" WRITTEN M071M TO THE CIHTIPICATB NOLDER NAMIP TO THE LEPf L AcvlRD 23 poolmo; 001111308867 Tpl.,374004 C tlsgo 14 OACORDCORPORA ION 1989 rnn ivy. r i"oovr VV l yep. n7 eolaJ 0 .0; 4t9H9 H4 ADDITIONAL INSURED ENDORSEMENT Insurance Company: American Unity Group, Ltd. This endorsement modifies such insurance as Is afforded by the provisions of Policy # UNI - CGL -05 -01 -020 (1 -14601 -00 -05 ) relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers 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 canceled, 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 92702. (Completion of the following; Including countersignature, is required to make this endorsement effective.) Effective 06/30/05 to 06/3010 this endorsement form as a part of Policy# UNI- CGL- 05 -01- 020(1- 14601 -00 -05) Issued to St. Joseph Health System