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O.C. CONSERVATION CORPS 9
City of Santa Ana ~° .. Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. ~~'`''~ QA~ '3 k~~ 9: Return form to the Clerk of the Council Office (M-30). ~3 Call 647-5237 if you have any questions. `~~ f ~; ~. t~ ,+ --. ;,:, ____________________________________________________________________________==~~e=====____ The agreement with Orange Co No. A-2005-237 and final payment has been made. Conservation Corps was completed on June 30, 2006 Department: CDA/SAWC Phone/Ext.: X2623 Signatu :/ Date: April 1, 2 08 Revised 07-23-07 URANCE ON Fitt „UrtK MAY PROCEei ~nilL INSURANCE L~, ~ReS 7-ao-vro __ CLERK OF COUNCIL Contract No. A-2005-237 _ DATE: i,Z-~1-b5 c,bA (1) AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT ~~.~tr THIS AGREEMENT, made and entered into this 1st day of October, 2005, 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 O.C. Conservation Corps ("CONTRACTOR"). 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 I 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" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services maybe 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 standads 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 C" 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 aze 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 Page 2 of 15 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. 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 Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 60 days of application date; a complete Workforce Investment Act Enrolhnent/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIIt; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active emolhnent of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. 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 Page 3 of 15 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 Invoice/Voucher on CITY's Invoice/Voucher 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)( jj attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 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 Circulaz A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days afrer 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 awazding 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 D," attached hereto and by this reference Page 4 of 15 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 adrug-free work place and to execute a certification as set forth in "Exhibit E" 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 al] state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). 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 One hundred sixty-eight thousand, seven hundred and seventy-one Dollazs ($168,771) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" 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, 2005 and all duties arising under this Agreement shall have been performed by Tune 30. 2006 .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. Page 5 of 15 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 anemployer-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. 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. Page 6 of 15 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 athree-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 standazds for health and safety in work and training situations. 7. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 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. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages a8er considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 10. 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. 11. 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 sepazation of church and state. Page 7 of 15 12. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer progam 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. 13. 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) gant or ageement, 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 ageement 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 gant or agreement, when copyright-able material is developed in the course of or under a DOL Grant or ageement, 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 (W1B) shall have aroyalty-free, nonexclusive 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 gant, sub-gant, or contract under a grant or subgant; (b) Any right of copyright to which a gantee, subgantee or a CONTRACTOR purchases ownership with gant 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 Ageement. 14. CLEAN AIR /CLEAN WATER ACT. If the gant 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: Page 8 of 15 (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 gant 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. C. 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 Emnlovees. 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 Involvine 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. Conductine Business Involvine Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting ornon-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 ofself-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 ofself-insurance. 3. Workers' Comnensation. If CONTRACTOR is an "employer",asset 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 Page 10 of 15 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 Califomia Labor Code Section 3350, et seq. 4. Equinment 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 ofself-insurance. 5. Proof of Insurance. Certificates and endorsements 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. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the Califomia 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; Page I1 of 15 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. 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 maybe 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. Page 12 of 15 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. 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: CITY: City of Santa Ana Manager, W1B Administrative Office 1000 Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 and, CLERK: Clerk of the City Council City of Santa Ana Page 13 of 15 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: O.C. Conservation Corps 1853 N. Raymond Ave. Anaheim, CA 92801 (714)956-6222 Telefacsimile (714) 956-1944 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There aze 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 hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. ATTEST: Patricia E.I-Iealy Clerk of the CQUnci1 APPROVED AS TO FORM: BY: ~ ~ !~s''^.~ Joseph W. Fletcher City Attorney FOR APPROVAL: ~dW'~ v- Patncia C. Whitaker Executive Director CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" i By: v"`.,~ David N. Ream City Manager "CONTRACTOR" BY: G~~ Name: Richazd J. Strou Title: Executive Director TaxID#:33-~s~37d'1 Page 15 of 15 M Exhibit A Orange County Conservation Corps and Youthbuild Santa Ana Workforce investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 Proposal Narrative Executive Summary The Orange County Conservation Corps and Youthbuild Program (OCCC) is a nonprofit, certified local conservation corps, one of 11 certified local conservation corps in California. As a certified local conservation corps the OCCC operates under the California Public Resources Code which mandates several program components including paid work experience, job training, education, life skills and pre-employment training. The OCCC must maintain its certification each year through an annual certification review. The OCCC is also one of 22 Youthbuild Programs in California that provides construction skills training to youth 16-26 years old. Youthbuild is a nationally recognized youth development and construction training program model for "at-risk" youth. The OCCC incorporates a variety of youth and workforce development best practices into its program design. The OCCC has been recognized by two national youth serving organizations for demonstrating best practices. The OCCC was one of 14 organizations to be recognized by the National Association of Service and Conservation Corps (NASCC) in 2002 as a NASCC ECO Corps for 2001- 2005 for "Excellence in Corps Operations (ECO)" and is also a National Youth Employment Coalition PEPNet Av.-ardee for 2003-2007 for "Demonstrating Effective Practices in the Field of Youth Employment and Development". The OCCC was also recognized by the Orange County League of Conservation Voters as the Orange County Environmental Education Program of the Year for 2005. The mission of the OCCC is to provide an opportunity for youth and young adults to learn work skills; develop a work ethic; develop a sense of community responsibility; further their formal education; develop leadership skills; and achieve the self-esteem necessary to enter the workforce. The OCCC normally employs more than 200 youth each year from throughout Orange County to work on projects developed by the OCCC for local cities, county agencies, and other nonprofit agencies in the county. The OCCC's main administrative and education site is located in Anaheim with satellite operations in Santa Ana, and San Clemente. As a transitional work and job training program, the OCCC recruits and employs 16- 26 year old youth and young adults and trains them to carry out the job duties needed to complete a variety of OCCC projects, primarily in habitaUtrail/park restoration, construction, and recycling. These work projects along with other OCCC program components and activities are designed to fulfill OCCC's mission. The various OCCC program components provide OCCC participants - corpsmembers -with paid work experience to learn work skills and develop a work ethic while OCCC work projects and activities develop a sense of community responsibility and leadership skills. The OCCC also requires corpsmembers to be enrolled in an education program to further their formal education. The OCCC is affiliated with the John Muir Charter School which is chartered Page 1 of 22 Orange County Conservation Corps and Youthbuild Santa. Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 and administered by the Nevada County (CA) Superintendent of Schools. OCCC corpsmembers who do not have a high school diploma are enrolled in the OCCC John Muir Charter School to earn credits and complete their high school diploma while working for the OCCC. Those corpsmembers that have their high school diploma at the time of hire or those that earn their high school diploma while working at the OCCC are required to enroll in some form ofpost-secondary instruction; community college, Regional Occupation Programs (ROP), or local trade schools to continue their education. OCCC support services first assist corpsmembers in overcoming the barriers they have to maintaining their employment and education program with the OCCC and second to ensure they are able to obtain and maintain employment post-000C. As an open entry/exit transitional work and school program, corpsmembers may remain at the OCCC for up to two years to earn...learn... and serve. This gives corpsmembers time to develop the necessary skills to achieve the self esteem necessary to enter the workforce. The OCCC provides an opportunity for corpsmembers to earn a living through paid work experience, learn job skills and further their education, while they serve their communities by completing work projects that benefit our local communities. The OCCC primarily employs and serves the hardest to serve and neediest segment of our youth population, the 16-26 year old high school dropout. The OCCC is not a court mandated program. OCCC corpsmembers come to the OCCC because they need to work and want to earn their high school diploma. OCCC corpsmembers may have been ex- offenders, been affiliated with gangs, on probation or parole, emancipated, pregnant or parenting, or homeless. Almost all are low-income, basic skills deficient, and have multiple barriers to employment and/or furthering their education. As mentioned above the OCCC has incorporated a variety of best practices from various state and national models for youth and workforce development to serve this population. The OCCC's program design provides comprehensive and coordinated youth activities and services in a variety of venues and settings throughout the county. OCCC ensures all 10 W IA Required Program Elements are provided to corpsmembers either by the OCCC or by OCCC's extensive network of community partners who provide services as in-kind support. which 4{'IA population will the program recruit and serve? For PY 2005-06 the OCCC proposes to serve Out-of-School WIA eligible youth who are Santa Ana residents with the legal right to work; are low-income; a school dropout; or, a high school graduate/GED recipient and is basic skills deficient, or is unemployed, or underemployed. While Out-of-School youth maybe between the ages of 14-21, the OCCC will recruit and serve those older Out-of-School youth primarily between the ages of 19-21 who will most benefit from the OCCC's program design that combines work and school in a structured, supervised, forty hour work/school week. The OCCC recruits and serves the neediest youth population the Santa Ana Youth Council is committed to serving as identified by the DOUETA New Strategic Vision for the Deliver of Youth Services Under the Workforce Investment Act (RFP page 9); older Page 2 of 22 Orange County Conservation Corps and Youthbuild Santa Ma Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 out-of-school youth who are primarily high school dropouts, youth who are or have been homeless and/or runaways, are court involved, in foster care, and/or have incarcerated parents. 73 OCCC corpsmembers completed an anonymous survey in May 2005 which provided the following information: • Average age of those completing the survey was 20.7 years • 77% had not completed high school at the time of the survey • 51 % live in Santa Ana • 30% are parents • 12% are or have been in foster care • 52% are or have been gang affiliated • 61 % are or have been court involved • 54% have been incarcerated • 63% are or have been on probation/parole Indicate how many participants to be served. For PY 2005-06, the OCCC will serve 23 Santa Ana W1A eligible youth as follows: • 7 youth currently being served will be carried in from PY 2004-05, • 4 youth will be enrolled during the first three months of PY 2005-06 using the "bridge funding" for July -September 2005, and • 12 youth will be enrolled during the 9 month contract period for this RFP, October 1, 2005 to June 30, 2006. Describe vour recruitment plan. -ri,P nrrr rarn~ihllPnt plan iC aR f(1IlOWS: • Month Jul- Se OS Oct-Dec OS Jan-Mar 06 A r-Jun 06 Totals Bridge funds New Funds Enrollments 4 8 4 0 16 Carr -in 7 0 0 0 7 Total Served 23 The Santa Ana Youth Council Program Year 2005-06 is being funded under two contracts; bride funding for the first quarter of the program year and new funding for the remaining nine months of the program year. The following recruitment plan is for the Program Yeaz 2005-06. Under the bridge funding provided for the first quarter of the program year, the OCCC will recruit 4 new enrollments. The OCCC plans to recruit and enroll 8 of the 12 remaining youth before the end of the second quarter of the program year (within the first three months of new grant funds). Therefore 75% of total new enrollments (12 of 16) for PY 2005-06 will be enrolled before the end of the second quarter. The remaining 4 youth will be enrolled before the end of the third quarter of the program year (within six months of the new grant cycle). Under this plan the OCCC will have recruited and be serving 82% (19 of 23) of the total youth to be served for the program year by the end of the second quarter, allowing sufficient time for youth to be served during the program year. Page 3 of 22 Orange County Conservation Coips and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 The OCCC serves al] youth not just W1A eligible youth. For the FY 2004-OS just completed, the OCCC served a total of 389 youth county-wide including 134 Santa Ana youth. Less than 35% of the Santa Ana youth were served using WIA funds. These Santa Ana youth were recruited and served through 4 OCCC funding sources; • Santa AnaWlA, • Federal Empowerment Zone (FEZ), • OCCC/HUD Youthbuild, and • OCCC contracts for those not meeting eligibility for the above 3 contracts. To meet these contract demands the OCCC employs a variety of recruitment strategies. On the May 2005 survey referenced above, corpsmembers were asked to list all the ways they have heazd or learned about the OCCC and listed the following; friends (36), counselors (3), Probation (] 6), walk-ins (4), job fairs (4), flyers (7), family (9), recruited (2), and other (3). In addition to the normal recruitment strategies of job fairs, partner networks, and presentations to and referrals from local groups and organizations, the OCCC employs "street outreach" to recruit out-of-school youth. Street outreach involves handing out flyers and interacting with youth where youth "hang out" in Santa Ana such as parks, malls, food courts, week-end community events, and sometimes walking local neighborhoods. Historically the OCCC's most effective recruitment strategy has been referrals from former and current corpsmembers, their family, and friends. Two full-time OCCC staff will be responsible for recruiting Santa Ana youth. The OCCC Corpsmember Recruiter is responsible for recruiting for all OCCC programs and will allocate a portion of his time to recruiting Santa Ana youth. The OCCC Program Specialist (case manager) assigned to the Santa Ana WIA contract will be responsible for ensuring enrollment goals are met and will also allocate a portion of his time to recruitment. Selected Santa Ana corpsmembers will be trained to accompany staff and provide "peer recruitment" to assist staff with street outreach and help organize and manage OCCC booths at the various Santa Ana job fairs and community events. Other OCCC staff may also provide recruitment through ongoing collaborations and networking with other agencies county-wide. The OCCC participates in more than 20 community events each year and attends a variety of ongoing partner meetings with various agencies county-wide. Therefore any staff member attending a meeting with other agencies or provider networks (i.e. Corrections, Probation, Social Services Agency) in other parts of the county will be recruiting for all OCCC programs including Santa Ana WIA. It is not uncommon to get a referral from someone who attended an event or meeting outside of Santa Ana but passes the information on to family/friends/co-workers that live in Santa Ana. Indicate which of the 10 WIA elements the program will address. The OCCC program design provides 9 of the10 WIA elements: • Tutoring, study skills training, and instruction leading to completion of secondary school, including drop-out strategies; • Alternative secondary school services; Page 4 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 • Paid and unpaid work experience; • Occupational skill training; • Leadership development opportunities; • Supportive services; • Adult mentoring; • Follow up services for a minimum of 12 months after completion; • Referrals for comprehensive guidance and counseling (i.e. substance abuse, legal, medical, family) The OCCC is an open entry and open exit, year round program that normally takes 6 months to a year to complete. While youth maybe hired during the summer, the OCCC does not technically offer the remaining WIA element -summer employment opportunities. Indicate planned outcomes. The OCCC will meet or exceed established W1A outcomes as follows: Current WIA Planned Outcomes Population Ages # Performance Measurements % # Out-of-School Youth 19-21 23 Entered Em to ent 66% 16 Retention Rate 77% l8 Earnin s Gain $3,500 Credential Rate 30% 7 Customer Satisfaction 70% 17 The OCCC's program design does have the flexibility and ability to meet the intent of current proposed legislation to reauthorize WIA and the expected changes to regulations, outcomes, and measures once new legislation is finalized. The OCCC will be able to make adjustments as needed to meet the Common Measures as proposed in legislation to reauthorize WIA. Proposed Common Measures (exact outcome measures have not been set by the State) • Placement in Employment or Education • Attainment of a Degree or Certificate • Literacy and Numeracy Gains Specific outcomes for the Common Measures will be developed once the final measures have been finalized. Describe the basic Uro~ram aUproach. /rnorkshop/classroom/in the community) The OCCC is a transitional work/school program that combines work and school daily, in a structured, supervised 40 hour a week program. OCCC corpsmembers are normally scheduled to work for 32 paid hours a week and attend 8 hours of education unpaid each week. Corpsmembers work 8 hours (paid) a day Monday -Thursday. They attend education (unpaid) for one hour after work Monday-Thursday and for 4 hours on Friday. Page 5 of 22 Orange Counq~ Conservation Corps and Youthbuild Santa Ana 1b`orkforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 The OCCC uses a variety of approaches to effectively deliver its program components and meet the various learning styles of its corpsmembers. Services for out of school youth, who generally dropped out of school, must be varied and interesting in order to engage them in the program. Therefore activities must be planned that are not just classroom based, but incorporate a variety of venues and methods to ensure training and instruction is interesting and most important applicable to their needs. The OCCC integrates field training with classroom instruction to connect academic skills with occupational skills. Instruction, both academic and occupational, is designed and delivered knowing that most corpsmembers' basic academic skills are below the 8`h grade. Instruction maybe classroom based, field based, on-line, individual, smalUlarge group, crew based, using demonstrations, lectures, packets, guest speakers, and individual research. The OCCC uses the following approaches: • In the community: OCCC work projects; educational field trips; work related field trainings; participation in community events and youth oriented groups, meetings, and events to instill a sense of community service and pride; • Classroom: OCCC charter high school; OCCC Toastmasters; new corpsmember orientation, vocational and occupational skills training; life skills, pre- employment skills, etc; • Workshops: specialized trainings (CPR/First Aid, Forklift, Chainsaw certification, etc.); safety demonstrations, leadership development, support services and educational topics (health, substance abuse, etc.) Main Purpose of Program What is the orQanizntion Mtsszon Statement? The mission of the OCCC is to provide an opportunity for youth and young adults to ]earn work skills; develop a work ethic; develop a sense of community responsibility; further their formal education; develop leadership skills; and achieve the self-esteem necessary to enter the workforce. OCCC Values are: • Support of personal, educational, and career development • Commitment to servicing the needs of Orange County youth • Strive for excellence and integrity in everything we do • Serve the needs of the community and environment • Importance of cost effective operations to achieve our mission • Importance of teamwork, training, mentoring, and respect for others OCCC's Organizational Purpose is to empower youth and young adults to become self- sufficient members of their community. The OCCC accomplishes this by offering various programs that provide opportunities for educational, professional, and personal development that will provide the necessary skills to develop and maintain a positive Page 6 of 22 Orange County Conservation Corps and Youthbuild Santa .4na Workforce Investment Board Request for Proposal The You[h Service Provider Network PY 2005/2006 work ethic and provide a lasting foundation to enable youth to enter the workforce and be successful, productive, members of society. Indicate what will the pro-tram accomplish. The OCCC's approach to employability teaches teamwork, cooperation, and a positive work ethic by utilizing work projects that are beneficial to the community and the environment and by creating an atmosphere where corpsmembers have the chance to develop on an educational, professional, and personal level. This long term, holistic approach to working with youth assists them in overcoming the multiple barriers that most at-risk youth have in their lives. Without a holistic approach, youth may complete a short term training course, earn a valuable certificate to get a job, but not be able to maintain thatjob due to their inability to deal with personal issues that cause them to have poor attendance and/or not be productive in the workplace. While short term training programs and workshops have a place in youth and workforce development, a more long term, holistic approach is needed by many, and especially the neediest, youth to ensure they have the time and support to overcome the multiple barriers they have to become life long learners, trainable, employable, and self-sufficient. The majority of the neediest at-risk youth the Youth Council is committed to serving and which the OCCC serves basically need to learn how to work and Qo to school. For various reasons these youth have not been able to stay in school and/or maintain employment. Sometimes the OCCC is the first job for some of the youth that come to the OCCC. Therefore, OCCC is not a short term, quick fix to the issues associated with the neediest youth but a 6-12 month comprehensive program with various components and strategies designed to guide and support youth into being employable, trainable, self- sufficient adults. OCCC support services and paid work experience help corpsmembers stabilize their lives and help them deal with the many issues they face on a daily basis so they can first maintain their employment and education program at the OCCC. Once OCCC corpsmembers become stable and are able to maintain employment and education at the OCCC they can then focus on furthering their education, improving their work skills, and seek better employment post-corps. With this philosophy the OCCC program will accomplish the following: • Provide jobs for 23 Santa Ana youth as they are hired by the OCCC to complete OCCC work projects; • Meet/exceed the WIA outcomes for entered employment, retention rate, earnings gain, credential attainment, customer satisfaction, and common measures outlined above in the RFP; • Youth who are unemployed and out of school will become employed by the OCCC and enrolled in the OCCC Charter School to earn their high school diploma; • Provide "soft and hard" occupational skills training needed to complete OCCC work projects (i.e. landscaping, construction, recycling); • Corpsmembers will lean to apply these "soft and hard" skills training to other work and school opportunities post-000C; Page 7 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request For Proposal The Youth Service Provider Network PY 2005/2006 • Provide multiple work and educational experiences that will allow corpsmembers to seek a variety of career and educational choices and opportunities post-000C; • Provide paid work experience, trainings, and certificates to develop and/or improve their resumes for future employment; • Develop and maintain a portfolio that highlights their work/school/credential accomplishments to use in seeking employment post-000C; • Corpsmembers will complete high school credits to earn a high school diploma through the OCCC Charter School; • Corpsmembers will improve basic skills and improve at least at least two grade levels on standardized tests (STAR or TABE tests); • Corpsmembers will practice and prepaze to pass the CA High School Exit Exam; • Corpsmembers may earn scholarships for post-secondary instruction; • Corpsmembers will develop leadership skills through various crew based and individual trainings; • Corpsmembers will transition successfully from the OCCC into employment and/orpost-secondary instruction; • Corpsmembers will complete work projects that benefit our local communities and instill a sense of community service and pride in their communities. What is the length of the program? The OCCC is an open entry, open exit program. Therefore youth maybe recruited and enter the program at any time. Youth may exit the program at anytime based on individual needs, accomplishments, and abilities. Youth may work for the OCCC for a maximum of 24 months as long as they receive satisfactory work/school evaluations and are making progress towards completing individual work and education goals. All program components are ongoing and available on a year round basis. Specialized trainings and workshops are offered quarterly. Therefore a youth who stays with the OCCC for six months will be able to participate in the full array of services and programs offered by the OCCC. How often will the WIA participant need to attend the program? (daily/weekly/monthly) WIA participants will attend the program daily, five days a week. All OCCC corpsmembers including WIA participants are scheduled for 40 hours of work/school each week; 32 hours of paid work experience and 8 hours unpaid of education.tclass time. Corpsmembers are scheduled to work 8 hours a day Monday -Thursday. OCCC charter school classes are scheduled daily for one hour after work Monday -Thursday and for four hours on Friday. Week-end and evening activities and events are scheduled as needed and appropriate and include a variety of opportunities to volunteer and/or work in the community. What is the frequency ofstafl'interaction with the participant? Various OCCC staff members meet daily with corpsmembers to deliver OCCC program components. Corpsmembers are assigned to a work crew which is supervised by an Page 8 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 OCCC Crew Supervisor. The OCCC Crew Supervisor works Monday-Thursday with corpsmembers to complete assigned work projects. OCCC charter school teachers also interact with corpsmembers on a daily basis as they attend class five days a week, Monday-Friday. Week-end work/school activities are scheduled as needed and appropriate. The OCCC Program Specialist (case manager) meets weekly if not daily to monitor progress towards the corpsmember's Individual Service Strategy, and other work/school/personal issues that may arise. Other OCCC staff or interns meet with corpsmembers as needed for specialized trainings, workshops, or individualized follow up regarding work/schooUpersonal issues that may arise. Goals/Objectives/and Performance Levels How many WIA youth with the program serve this year? The OCCC will serve a minimum of 23 WIA youth for PY 2005-06. As WIA youth exit the program during the year for various reasons, the OCCC will recruit and enroll additional W lA youth as allocated funds permit adding additional participants. The OCCC has the ability and capacity to enroll additional WIA youth as additional WIA funding becomes available. Which WIA~o2ram element will~u o(ler? The OCCC will offer 9 of the10 WIA program elements/services to youth during PY 2005-06: • Tutoring, study skills training, and instruction leading to completion of secondary school, including drop-out strategies; • Alternative secondary school services; • Paid and unpaid work experience; • Occupational skill training; • Leadership development opportunities; • Supportive services; • Adult mentoring; • Follow up services for a minimum of 12 months after completion; • Referrals far comprehensive guidance and counseling. The OCCC is an open entry and open exit, yeaz round program that normally takes 6 months to a year to complete. While youth maybe hired during the summer, the OCCC does not technically offer the remaining WIA element -summer employment opportunities. How wzll service(s) be deemed necessary? The OCCC wit] use a variety of documents/forms/activities to provide an objective assessment of participants to ensure service(s) aze necessary. Staff will assess the individual participant's WIA eligibility, work readiness, suitability for program, employability, and individual academic/service needs leading to the development of an Individual Service Strategy upon enrollment in WIA. OCCC Program Specialists (case Page 9 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 managers), OCCC Transition Specialist, and OCCC charter school staff meet monthly or more often as needed with the OCCC Executive Director to internally monitor how OCCC provides services, discuss corpsmember case management and service needs, and ensure services provided are necessary and appropriate. Following are some of the strategies and assessments the OCCC will use: 1. OCCC Interview and Intake Form (used with Santa Ana WIA intake form): participant personal background and prior work history; OCCC form used during interview(s) to assist with determining suitability for WIA program, work readiness, employability, occupational skills, potential individual case management needs, and suitability for OCCC's programs; 2. TABS or STAR Test: standardized tests to assess basic skills; determine grade level equivalents; track literacy and numeracy gains; required by OCCC charter school; 3. Practice CAHSEE (California High School Exit Exam) Test: practice tests to monitor progress towards meeting high school exit criteria, monitor academic progress, literacy, and numeracy gains; required by OCCC charter school; 4. Reading/GVritrng/Math samples: baseline information to establish and compare progress; needs for individualized tutoring; required by OCCC charter school; 5. PLATO: computer program to administer the practice CAHSEE, develop individualized lesson plans to address basic skills deficiencies, and improve literacy and numeracy gains; required by charter school; 6. COPS/COPES/CAPS: career exploration, interests, and aptitudes; nationally recognized career interest tests; 7. Individual Education Plan; OCCC form for education goals/plan; required by OCCC charter school; 8. Individual Service Learning Plan (WIA Individual Service Strategy); work/persona] goal setting; used to address individual supportive service and developmental needs; required for OCCC certification; 9. Surveys/formal and informal interview; surveys, formal and informal interviews, meetings, and conversations with corpsmembers to identify appropriate services. The OCCC uses these and other informal activities to determine assets youth possess. OCCC staff uses the interview process to initially determine an applicant's individual eligibility and suitability for working at the OCCC and for the various programs offered by the OCCC. OCCC staff may use several interviews to determine an individual's prior work history, work readiness, employability, and suitability for one of OCCC's worktlearn programs. Once an applicant has been identified as a potential WIA participant, staff will interview and discuss the W1A program and expectations to determine suitability for the WIA program. If determined as a suitable placement, staff will begin to gather the needed documentation for WIA eligibility. Once approved and enrolled into the WIA program, the participant working with OCCC staff will develop an Individual Education Plan and an lndividual Service Learning Plan (WIA Individual Service Strategy) based on standardized test scores, personal Page ] 0 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 interview, individual needs and goals, and sample work. Those youth not WIA eligible maybe hired to work on other non-WIA OCCC work projects. How wrll recruiment be coordinated with program activities? As an open entry and open exit program, the OCCC has ongoing recruitment and orientation to coordinate recruitment with program activities. Once a corpsmember has completed the interview process and is accepted for employment, the corpsmember is scheduled for a two week paid orientation by OCCC staff. The OCCC schedules as least one corpsmember orientation a month and may schedule two orientations a month as needed based on the number of corpsmembers needed to be hired that month for the various OCCC work programs. The two week paid orientation prepares corpsmembers for working at the OCCC. Cotpsmembers review the corpsmember handbook which contains all the necessary labor law regulations, policies, and procedures needed to work in Califomia and for the OCCC (i.e. monthly work/school evaluations, call in & leave of absence procedures, corpsmember pay scale and promotions, attendance, grievance procedures, Drug/Alcohol Free Workplace, etc.). Corpsmembers also complete the necessary personnellwork documents and forms not gathered during the interview process. Corpsmembers without a high school diploma complete education files/forms needed to enroll in the OCCC charter school. Staff explain and introduce corpsmembers to the various programs and services available and provided by the OCCC (i.e. food bank, scholarships, support services, additional workshops and trainings available, bonus plan, etc.). WIA and other grant/program specific information and files are completed during orientation. All corpsmembers develop an individual education and service plan (WIA Individual Service Strategy) during orientation. Various trainings are provided during orientation to ensure corpsmembers are prepared to work on OCCC work crews (i.e. CPR/First Aid, safe work practices, proper tool use, and team building activities, etc.). Corpsmembers must pass orientation before being assigned to an OCCC work crew. Those corpsmembers who do not pass maybe scheduled to attend one additional orientation based on individual circumstances for failing orientation. Corpsmembers who fail two orientations will not be considered for hire by the OCCC and will be referred to the Santa Ana WORK Center or other youth serving agencies in the Santa Ana Provider Network for employment opportunities and/or other needed services identified during the OCCC hiring process. During the interview process and orientation, corpsmembers are mentored by staff and provided strategies to successfully complete orientation. Staff also mentor and provide strategies to corpsmembers while at the OCCC to maintain their employment, school attendance, and ensure corpsmembers make progress towards their employment and education goals. How will current cervices meet the needs oche WIA performance.rtandards? As an employer, the OCCC program design teaches youth how to work and go to school. The OCCC follows all applicable labor and charter school laws, regulations, policies and procedures Califomia employers and charter schools must follow. In order to remain employed by the OCCC, corpsmembers must follow and abide by OCCC policies and Page 1 I of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 procedures for work and school. OCCC's program design emphasizes both work and school. To work at the OCCC you must also have an educational goal and be making satisfactory progress towards that goal to remain employed. Therefore, corpsmembers with poor school attendance, or those that are not making progress towards their educational goals (high school diploma or post-secondary instruction) will be separatediexited from the OCCC. Learning employer expectations and to follow standard work rules and procedures, prepares them for not only entering employment but also to maintain their employment. The following current services will meet the needs of WIA performance standards: • 32 hours each week of paid work experience; • "Sofr and hard" occupational skills training (habitat/park/trail restoration, construction, recycling, facility maintenance, office skills); • Tutoring, study skills, instruction leading to a high school diploma and to meet literacy and numeracy gains; • Drop-out prevention strategies (for both work and school); • OCCC staff as adults mentors; • Crew based and individual leadership development (crew leader training); • Alternative secondary school - OCCC Charter high school that combines work and school to facilitate completing secondary school; • Support services; referrals for legal, medical, substance abuse, health, housing, family/persona] guidance and counseling; help with tools, books, clothing, other items needed for interviews, job requirements, advanced training, etc. • Pre-employment, life skills, and transition services; • Minimum of 12 month follow up services to maintain employment or find new/better employment; • Access to OCCC computer lab, fax, voice mail, and printer for resumes, applications, financial aide, job search, job retention, on-line services; • Introduction to Santa Ana WORK Center and Caljobs to facilitate use of EDD system; • Certificates, Awards, Diplomas, Scholarships, and Licenses earned; • Portfolios; • Individual participant interviews, case notes, surveys, and informal evaluations; • Additional trainings and workshops, (i.e. tool safety, CPR/First Aid, forklift certification, Toastmasters) Will the participant receive a certificate ofcompletion or accomplishment for participation? OCCC corpsmembers may receive several certificates of completion or accomplishment for participation as follows: • California high school diploma; • AmeriCorps Education Award (scholarship); • Toastmasters Certificate (public speaking and leadership development) • Forklift, Chainsaw, Red Cross CPR/First Aide Certifications Page 12 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 • Corpsmember Bonus Plan awards a certificate plus a cash bonus (amounts vary and total more than $900 collectively) for successfully completing the following program components/activities leading to a Program Completion Certificate: 1. Orientation Bonus (Pass handbook, safety, tool test, earn CPR/First Aide Certificate, 100 % attendance) 2. Referral Bonus (refer someone to the OCCC who is hired and remains employed for at least 30 days) 3. Academic Bonus (score 9`h grade or better on reading/math standardized test at time of hire or improve at least 3 grade levels while at OCCC) 4. Certification Bonus (individual certifications/bonus for chainsaw, chipper, forklift, Lead Abatement, and obtaining an ROP/Vocational Certification) 5. Drivers License Bonus (CA class Cand/or B) 6. Education Bonus (pass the CA High School Exit Exam, and/or earn high school diploma) 7. Life Skills Bonus (Life skills packetlon-line training) 8. Pre-employment Bonus (career exploration, intemet job searches, resumes, portfolio; create Caljobs account, mock interviews, etc.) 9. Transition to Job/School Bonus (obtain another job and/or attend a post- secondary class) 10. Program Completion Bonus (earn at ]east 7 of the above 9) Many other certificates are awarded during quarterly corpsmember recognitions to motivate and acknowledge individual accomplishments. Apartial list would include; perfect work/school attendance; promotion to team leader, crew leader, assistant crew leader; crew leader training; and corpsmember council membership. How will continuous improvement be conducted? As mentioned earlier the OCCC has received two national awards for demonstrating best practices for youth and workforce development from the National Association of Service and Conservation Corps (ECO Award 2001-2005) and The National Youth Employment Coalition (PEPNet Award 2003-2007). Both of these awards stress and require that programs continually improve to maintain/renew their awards. The OCCC is committed to continuous improvement and uses the following strategies and activities for continuous improvement: • Corpsmember satisfaction surveys at least twice a year; • Corpsmember community meetings that involve all staff and corpsmembers; • Corpsmember Council and Youthbuild Council meet monthly with the OCCC Executive Director; • Corpsmember Council President is an Ad Hoc member of the OCCC Board of Directors and presents a monthly report to the Board; • Work sponsor surveys when a work project is completed or at least once a year for ongoing work projects; • Monthly internal monitoring meetings for program compliance/performance; Page 13 of 22 Orange County Conservation Corps and You[hbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 • At least two staff development days per year for full staff that relate to program evaluation, mission, planning, etc; • Multiple program+'grant site reviews and audits for program/grant compliance; • Annual corps certification review; • Annual independent financial audit; • Annual program evaluations by corpsmembers, staff, and Board members; • An annual Board of Directors planning day; • An annual Executive Director Workplan that is monitored by the Board; • A three year OCCC Strategic Plan; • Membership with organizations and conference attendance that promote continuous improvement. Program Description Describe the overall services that Neill be made available to the YVIA participant. Following are the overall services that will be made available to all W IA participants: OUTREACH/RECRUITMENT (ongoing as previously described) ORIENTATION (two week paid orientation previously described) Once corpsmembers are hired and successfully complete orientation, they enter the Following OCCC program components: PAID WORK EXPERIENCE (maximum of 24 months paid work experience) 1. On the job training; internships 2. Field based vocational and occupational skills training; 3. Develop positive work ethic/attitude/performance; 4. Individualized job specific skill training and certifications; 5. Crew based and individual leadership development; 6. Community service opportunities; 7. Team building and other crew/peer centered activities to develop responsibility and positive social interactions. EDUCATION 1. Individual education goals (high school diploma and/orpost-secondary instruction) 2. Study skills; tutoring; secondary school instruction; drop out prevention strategies; 3. Basic skills remediation; 4. Literacy and numeracy gains; 5. CA High School Exit Exam; tutoring and preparation; 6. OCCC Charter School attendance; earn high school diploma; 7. Field based learning activities to incorporate field work projects with the classroom; Page 14 of 22 Orange County Conservation Corps and Youthbuild Santa Ma Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 8. Quarterly recognitions, field trips, and other activities to build positive social interactions. LIFE SKILLS CURRICULUM (8-13 week on-line curriculum) INDIVIDUALIZED CASE MANAGEMENT & SUPPORT SERVICES 1. Referrals for comprehensive guidance and counseling for legal, medical, substance abuse, family/personal, health, housing, etc. issues ADULT MENTORING (occurs throughout program as staff works with corpsmembers in various capacities) TRANSITION SERVICES: 10-13 Weeks based on individual needs 1. Pre-employment skills training 2. Individualized job search and placement 3. Individualized support/assistance for continuing post-secondary education; financial aide packets, enrolling on-line, etc. 4. Individualized case management and support services 5. Adult mentoring PROGRAM COMPLETION: 30 day timeline for post -corps placement; Maybe extended based on individual needs or circumstances POST CORPS TRACKING: Unspecified time, available as long as former corpsmembers seek help and support, minimum of 12 months 1. One on one follow up; monthly contact to monitor, update, and revise 12 month plan as needed; 2. One on one employment search and support 3. One on one case management and support services Illustrate hota the organization will interface with the Santa Ana IVORK Center. The OCCC will interface with the WORK Center as follows: • OCCC will provide recruitment information and materials for distribution at the WORK Center; • OCCC will actively participate in provider meetings and will provide regular updates to WORK Center staff regazding program status, recruitment, and job placements; • OCCC will host cotpsmember interviews at the WORK center at least once a week or more often as needed; • Corpsmembers will tour the Santa Ana WORK Center to meet staff and become familiar with WORK Center services; • Corpsmembers in the Transition phase of the program will establish an individual Caljobs account and will learn how to access services at the WORK Center. Page 15 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 • OCCC will refer those not hired by the OCCC to the WORK Center for services. Describe how the participant 11ow will occur. Please refer to Describe the overall services that will be made available to the WIA participant above and the "Corpsmember Flow Chart" provided as an attachment to the proposal. Both of these describe how pazticipant flow will occur. Generally there are 4 phases to OCCC's program and the corpsmember flow normally is: • Work school; Corpsmembers spend the majority of their time working and going to school. This may last from 3 months to 24 months depending on the number of high school credits needed for graduation. • Life Skills/ Transition: Once corpsmembers earn their high school diploma or if they have a diploma at the time of hire they enter the Life Skills and Transition phase of the OCCC. Corpsmembers normally spend 3-6 months completing a variety of activities designed to help them become self sufficient, find employment and/or enroll in post-secondary instruction. • Program Completion: Once all program components have been completed, the corpsmember has 30 days to exit the program into work and/or school with help and support from staff. This time maybe extended based on individual needs. • Follow-up: minimum of 12 months follow up support from staff to remain employed and stay in school; contact at least monthly if not more frequent to monitor and revise 12 month follow up plan; Not all corpsmembers complete all four phases as some choose to leave for a job or school and enter the follow up phase as soon as they earn their high school diploma. All corpsmembers regardless of their reason for leaving the OCCC are included in the 12 month follow up phase and have access to OCCC staff and resources {computer lab, fax, voicemail) for maintaining employment, job searches, updating resumes, contacting employers, scheduling interviews, enrolling in advanced training or college, help with filling out financial aide forms, and other support needed to pursue post-000C employment and education Many program services overlap and occur simultaneously during the program. OCCC staff are cross trained so that corpsmembers can receive services from various program staff if their assigned staff person is not available. Additionally: Pro ram Activit Duration OCCC Staff Res onsible Outreach/Recruitment Ongoing- open entry Corpsmember Recruiter WIA Pro ram S ecialist Eli ibilit On oin WIA Pro ram S ecialist Intake Monthly two week l .Training Supervisor Orientation 2. WIA Program Specialist 3. Teacher/Re istrar Assessment 1. WIA 1. WIA Program Specialist 2. Education 2. Lead Teacher Page 16 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 Case Management Ongoing 1. WIA Program Specialist 2. CSUF Intern(s) 3. Executive Director Program Services 1. Paid work 1. 24 months max 1. Crew Supervisor experience 2. Charter School 2. until diploma recd 2. 3.5 FTE Teachers 3. Life Skills 3. 8-13 weeks 3. Transition Specialist 4. Transition Skills 4. 10-13 weeks 4. Transition Specialist 5. Completion 5. 30 days 5. Transition Specialist & WIA Pro ram 5 ecialist Parent Involvement** n/a n/a Placement in Jobs or 1.30 day program 1. Transition Specialist Continuing Education completion 2. Program Specialist 2. Follow u services Follow up Minimum 12 months 1. Program Specialist & Transition S ecialist ** Most OCCC corpsmembers are generally adults who support themselves and many maybe estranged from their parents for various reasons. Therefore, parent involvement with the program is unusual. Parents are invited to and will most often attend graduation ceremonies and other OCCC events that honor corpsmember accomplishments. However parent involvement with the program beyond attendance at these events is normally not expected. The OCCC does plan several activities during the year to include corpsmembers' parents, significant others, and their children to promote family involvement. Facilities From where will program services be delivered? Program services will be delivered in a variety of venues and locations: • Paid work experience will be at various projects throughout the county depending on the current work project assigned; • All other program services (education, case management, transition services, follow up, etc.) will generally be delivered at the OCCC main site in Anaheim. However staff will visit field projects and make home visits as needed to deliver case management services. Occupational skills training will occur both in the classroom and in the field. Project visits and field trips will be planned to facilitate incorporating work projects with classroom instruction. • Street outreach and other recruitment activities will be delivered in Santa Ana. While interviews will be held at the WORK Center as well as the Anaheim site. • OCCC provides transportation using OCCC crew vans to OCCC work projects, and provides pick up points in Santa Ana using crew vans to assist corpsmembers in getting to the Anaheim site for work/school. The OCCC also provides bus Page 17 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 passes and helps to arrange car pools to assist corpsmembers with transportation issues. What are your hours o(aperation? The OCCC offices are open Monday -Thursday from 7:00 am to 5:00 pm and Friday from 8:00 am to noon. Week-end and evening hours to be arranged depending on scheduled events and activities. How has the o~ eanization assured that the location is a safe and vouth friendly environment? The OCCC conducts regular inspections to ensure our building is safe and complies with all Workers Compensation, fire, and safety measures for the workplace. The OCCC maintains a safety committee that has the responsibility for ensuring the OCCC is in compliance with all safety training and issues regarding the workplace. The OCCC ensures a youth friendly environment by soliciting corpsmember input through a corpsmember suggestion box, the corpsmember council, community meetings with staff and corpsmembers, and ensuring corpsmembers are involved with the various planning sessions, strategic plans, and Boazd meetings. Since corpsmembers are co- workers as well as W IA youth, they are very involved in providing input to make sure the OCCC is youth friendly. About Your Organization Description of the Proposer Hox long has vour or¢anization been serving Santa Ana vouth? The OCCC has been serving Santa Ana youth for the last seven years. What kind o1'imDact has vour services made to the vouch in the community? Santa Ana corpsmembers have: • Graduated with a high school diploma from the OCCC charter school; • Eamed scholarships for post-secondary instruction; • Transitioned to full time employment, gone on to advanced training, and/or are attending some form ofpost-secondary instruction; • Volunteered and participated in numerous Santa Ana community events; neighborhood clean-ups, Youth Expo, chazity events, etc. • Participated at the local and state level to represent youth; Santa Ana Youth Council, CWA state conference, local and regional WIB meetings, local youth forums; • Visited local legislators in Sacramento to advocate for youth. The OCCC has: • Hired and employed more than 300 Santa Ana youth the last 4 years; Page ] 8 of 22 Orange County Conservation Corps and Youthbuild Santa Ana Workforce lnves[men[ Board Request for Proposal The Youth Service Provider Network PY 2005/2006 Completed numerous work projects to improve and restore several Santa Ana parks, portions of Santiago Creek, and the Santa Ana Zoo; Repaired more than 201ow-income homes/apartments in Santa Ana. How do you track,your outcomes? The OCCC uses several program/grant specific databases to track specific program and grant outcomes; job placements, case notes, program services provided, hours worked, and financePoudget information. In addition the OCCC uses spreadsheets and OCCC developed forms to track a variety of other corpsmember outcomes including: number of corpsmembers enrolled, daily work/school attendance, demographic information, number of male/female successful completions, exit information, corpsmember recruitment by individual cities, average length of stay at the OCCC, project reports, corpsmember performance, hours worked, projects completed, 12 month follow up contacts, support services and transition services provided, and other information needed to be reported to fenders, sponsors, stakeholders and the OCCC Board of Directors. Various staff are responsible for tracking outcomes specific to their job assignments. Experience Bnefly outline all vouth programs that amour agency has operated during the last two vears. The OCCC has operated the same basic youth program for the last 11 years based on state and national models for conservation and youth service corps. Over the years the OCCC has developed and improved on this basic model to provide a comprehensive, structured, program that provides a wide array of work experiences and services that meets the needs of local Orange County youth. The OCCC began a construction training program three years ago. This past year the OCCC received aHUD/Youthbuild grant and now operates a Youthbuild program concurrently with its conservation corps program. Youthbuild is a nationally recognized construction training model. Both program models stress the importance of education, occupational skills that lead to employment, leadership development, and post-program follow up. Incorporating the two models offers additional training and employment opportunities for the youth OCCC serves. Which has been most success z~l? It is too early in the implementation of the Youthbuild model to determine which of the two program models is more successful. Both models strive for similar outcomes but place difference emphasis on program components. Youthbuild requires 50% of participants' hours to be in education/vocational training while the conservation corps model does not have a specific requirement for the amount of time spend in education. The OCCC will need more time to determine the positives and negatives of the Youthbuild model before making a determination which model is more successful. What kind ofexperience do you have in incorporating parents into your programs? As mentioned earlier, since most OCCC corpsmembers are adults and many are estranged from their parents for various reasons, the OCCC does not have much Page 19 of 22 Orange County Conservation Corps and Youthbuild San[a Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 experience with incorporating parents into our program. Unfortunately, most parents of OCCC corpsmembers either do not have the time or have the desire to be involved with the program. The OCCC does schedule events throughout the year to involve family members, be it their parents, their wives/girlfriends, husbands/boyfriends, and/or children to promote s sense of family and community into our program. Corpsmember success at the OCCC often reunites the corpsmember with their parent(s) as corpsmembers become more responsible, stable, and self-sufficient adults. What is yoursuccess based on? The OCCC's success is based on using two program models that provide a comprehensive set of services and understands that youth and workforce development for the neediest youth takes time and multiple resources. A program that allows youth to have the time and support to develop holistically on a professional, educational, and personal level. Understanding that you can not serve the neediest youth without addressing the multiple personal/family issues they have along with the lack of education, work skills, work ethic, and work experience. As mentioned earlier, OCCC's success is based on having a program that recognizes that the neediest youth have not learned to work or go to school successfully and need time to become stable in their personal lives before they can focus on advanced training, post-secondary instruction, and maintaining employment. List positions and aualiTcations ofsta,~(assipned to this protect. The OCCC has several years experience in administering multiple contracts/grants, including WIA contracts. The OCCC does not rely solely on WIA funding. The OCCC has administered federal/state/and local contracts and grants, a few of the most recent being a $400,000 HUD/Youthbuild grant, multiple California Department of Conservation, Division of Recycling grants exceeding $1M each for the last three years, and multiple Santa Ana WIA and Orange County WIA contracts. The OCCC currently has 30 staff and needs to employ 80 corpsmembers each day to fulfill current work projects. Several staff will be involved in providing services for this project, some in-kind (Teachers, Transition Specialist, Training Supervisor). Several OCCC staff are former corpsmembers who are valuable role models and mentors to corpsmembers. Following are the staff with primary responsibility for providing services: • Rick Stroup, Executive Director: MS Education; 30 years experience working with youth in various settings; 10 years with the OCCC the last 8 as Executive Director. • Roberta Smith, Finance Manager: BA Accounting, BS Business Administration; 40 years finance experience with both nonprofit and for- profit organizations, 6 years with the OCCC. • Josh Volp, Program Director; HS Diploma college credits; 6 years experience at the OCCC in various management positions and grant/contract administration. Page 20 of 22 Orange Coun[y Conservation Corps and Youthbuild Santa Ana Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005/2006 • Aracely Duran, Admin. Asst/Payroll: HS Diploma college credits; 7 years experience in payroll with the OCCC; former OCCC corpsmember. • Albert Renteria, WIA Program Specialist; HS Diploma/college credits, 4 years experience with the OCCC as Corpsmember Recruiter, Training Supervisor for Orientation. Cross trained in WIA, former OCCC corpsmember. • Ralph Jimenez, Corpsmember Recruiter; AA Public Safety; 1 year with the OCCC. • Eric Moran, Crew Supervisor; HS Diploma/ROP Landscaping Certificate, 3 years experience as OCCC Crew Supervisor, former OCCC corpsmember. Fiscal Capacity Describe the process used to capture and report fiscal data? The OCCC uses fund accounting to allocate, capture, and report fiscal data. Since the OCCC has multiple revenue streams (federal, state, and local), fund accounting allows expenses to be tracked and allocated to individual funding sources using a specific fund account and project code(s) for that fund account. The Santa Ana WIA contract will be assigned a specific fund number and a specific project code(s). All allowable expenses will be tracked using the assigned project code(s). Therefore direct program costs such as staff time, corpsmember stipends, employer taxes, and other expenses will be tracked using the appropriate fund and project code(s) on time sheets. Costs for occupancy or transportation that are not easily tracked with project codes will be allocated on a percentage basis of work hours charged to the fund. Therefore if the fund accounts for 10% of the total hours for that month, the fund will be allocated 10% of the occupancy and transportation costs far that month. The OCCC captures and reports fiscal data to the OCCC Board of Directors monthly and invoices contracts on a monthly basis. The OCCC undergoes several program audits and an independent financial audit each year. The OCCC has not received any negative findings or management letters as a result of these audits. State procurement pollcy and procedures. The OCCC has several policies and procedures that detail how the OCCC acquires equipment and consumables depending on the amount and type of purchase. All purchases must first be approved by one of four management staff; the OCCC Executive Director, Deputy Director, Programs Director, or Operations Director. Staff submit an OCCC Purchase Request to the appropriate Director detailing vendor, costs, total purchase amount, and the fund to which the purchase will be allocated. Depending on the purchase, the OCCC may require a justification and/or three bids for the item(s) to be purchased. Once approved, the purchase is made and receipt of the purchase is verified. All supporting documents are attached to the purchase request and submitted to Finance for payment. Page 21 of 22 Orange County Conservation Corps and You[hbuild Santa Ma Workforce Investment Board Request for Proposal The Youth Service Provider Network PY 2005!2006 Whai svstems are used to ensure the fiscal accountabilih> and appropriate expenditures, and planned costs? During the procurement procedure outlined above the OCCC ensures accountability and that expenditures are appropriate and planned. In order for staff to submit a purchase request, staff must first determine if the purchase is within budget and which appropriate fund will be charged for the purchase. Budgets and line item accounts to track expenses are maintained on a monthly basis for all OCCC contracts/grants/deparhnents. All purchase requests are reviewed by the OCCC Finance Manger before payment is made. The Finance Manager will review any Purchase Request that appears to be over budget or not planned with the Executive Director for final approval. The Finance Manager reviews monthly financials with the Executive Director, Deputy Director, Program Director, and Operations Director two times a month and with the Board of Directors monthly. Will the organization have trouble invoicing for services provided on a monthly basis? No, the OCCC will not have trouble invoicing for services provided on a monthly basis. The OCCC's normal procedure is to invoice by the 10"' of each month for services provided in the previous month. Describe invoicingprocess. Invoices are prepared by staff assigned to Accounts Receivable. All hours worked to provide services are entered along with all allowable costs tracked by the appropriate fund and project code(s). Once all costs for the month have been entered an invoice is prepared. All supporting documentation required or requested (copies of timesheets, receipts, etc.) for the invoice is attached. The invoice is then submitted to the Executive Director or Deputy Director for review and signature. Submit most recent financial statements or audit reports. A copy of the OCCC most recent independent audit for 2003-04 is attached. Subcontracting Subcontracting client services/activities is not permissible under this contract. However ifplannin to subcontract non-client services identify subcontracts and estimated cost for services. The OCCC will not subcontract non-client services. All services will be provided by the OCCC. Page 22 of 22 w t+ .~ p .~ W N m ~I M ~, U U ~ ,'" cJ x~~ .. .~ ~ Lil~~ o ~ ,= U [~ ~ '" ,y ~ OO ~I~ ~ U, M N hl 2 U ~ U of W .?^, ~ .. .c° ~ z.¢ ~° N ^' N ~ N ~ J I I '`I L 7 O y d a z ~ =' ~ Z F O O O O C O ~ '-d Q C ~--~ O O O O M M M M M M °' V' rn ~O l7 ~O ~O U 7 ~ F Li v1 V1 O ~ O C C C i F ~ ~ ~ ~ i C O O O C C C 'y F Q C ~ O C O O ~ ~ N M V ~%1 ~D U ~.. W i U ~ /~ r 7J ~ rr ~ CJ p m E"i ~ y O ; 'D v V] N U ~ Q ~" y U v U ~ C ~. ~ N .. .. p U~- C ~ ~ ~ N O U ©. Ow m C G U 7 p ~~ ro G G u ~.. m , >, ~ ~ ~ ~ o ~' en oo O =~ = 5 3 U rn N U N f Vl ~ ~ '~." L p G ~' ~ ."i p '_ ~ r 'r U ~ :d ~ i O ~ ^ E" N ~ ~ N ~ N 0. ~ ~ N ¢ N Q Q p T ~ '~ ~ ~ J ~ ~ 3 3 3 ~ p t J U N ^ U ' ~. ~~ U ~' Q v 'C ~ U `~ ~ ~ > > C ti~ > ^y > O > O O p 0 v p ~ ¢ ¢' 0. O ~ O ~ ~ . ~ ~~~ 3 ~ ~ ow ?°° ~ ~ ~ ~, a ~o ~ ~ o s N~ U ~ ~ O ~ O P• ~ p " v, C '- ~ p ~ ~ O G id a i ~ ~~„ ctl U U. ~ ~ . "-. T N ,~ y LL G_. ~ ' ~ ~ ~ . ^, p V Vj ~~ ~ '~ N p v' U O ~ ~ L ? ^ s ~ .. ; J p ~ 3 ~ ~ kh ~ ~, 1 p ~ ~ ~ p p ~ `~ ' ctl G. Y., O U U ~ C 7 U p c Os. p p i ~d C. U .~ O 'p p p Y '~ G~ ~ ^' ~. ~ a> a o A. ~ ^ ~ . . ~ a, T oq 3 0 , .y ,C c~o .~ .o c. •V G U 'D '7 O N ~ '~ .d N p ~ ~ U ~' ?G p .w ~ . a a m~ . ~ '~ . O W Vim a. ~ ~ c. W + ~ ,~ a ~ N .... O ~ . i « M ~ N Exhibit C COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area July 1, 2001 Table of Contents .. ................... 2 ............................ ....................... I. Information Regarding Complaints ................... . . 2 A. Nondiscrimination and Equal Opportunity Complaints ....................................... ............. .................. ................... 2 1. Policy Statement ................................................................................ ................. ... 3 ................ 2. Civil Rights ..................................................................................... ....................... 3. Nondiscrimination Laws under WIA ........................................ .......... 4 .......... .. .................... 5 4, How to File Your Complaint ......................................................................... .............. .................... 6 .. ...................... . . B. Criminal Complains ............................................... . General Procedures for Handling Non-Criminal Violations of the Act ................... II .................... 6 . III. Procedures for Handling Complaints at the SDA Level ......................................... .................... 8 IV. Procedures for Handling Complaints at the State Level ....................................... ................... 13 V. Procedures for Handling Discrimination Complaints by Participants .................... ................... 15 VI. Procedures for Handling Handicap Complaints by Participants ........................... ......... ................... 16 ................... 18 GLOSSARY OF WIA TERMS ............................................................................ 1 I. Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. 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. 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 Ape Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40-70. The Rehabilitation Act off 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 b Executive Order 375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. n rt,,,Ant of I abor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. 4 Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened, and when it happened. d. 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 othe~tcr m namactivity (shall bellreportedtdirectly a d ml mediately to thfe Ctl obSanta Ana and the Secretary of Labor." il. 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 667.60D through 667.640 of the WIA regulaalt the State and n 181 (c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) LWIA level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, subreclpients, 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 6 and resolution of anysproblems oults de of andpwithout resort to the formalomp aintussion procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3 person(s) of theiraclhoos ng at lalhlevels of tphre conmplaint peo ess, expense by 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 program a~~ °n P.rms and herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 7 6. Complainants must initially file and exhaust LWIA grant recipientlhearing 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 f ndings, 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; d underPhe Actnare bel'evedtothaveubeen violated or other agreements e. Remedy sought by the complainant; and f. 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. 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. c. 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 helshe so desires. 3. 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 9 A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4 Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time, and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) 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. 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. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its subrecipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in aquasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/he so desires. Other he/she is limited to his/her own abilities and those of the hearing officer in obtaining testimony in the case. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. C. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. g. 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. 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 athree-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: 1. 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 offcer 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 a 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. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the party requesting the review b. Name, address, and telephone number'of the LWIA c. Copies of complaints made at LWIA level from which no decisions were issued or sanctions imposed d. A statement of basis for the request for hearing. Evidentiary Hearing Upon receipt of the request for a State level designated hearing officer will be scheduled. hearing, a hearing before a 14 The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony o al and/or writteln argugments, t elxamine records and dolcuhmePtssrellevant to the t 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. 1. 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 Handling of complaints filed at LWIA level arising in days of alleged connection with V,'IA programs operated by LWIAs discrimination Informal Resolution Process Firing ofComplaint /Request for Hearing Notice of Hearing issued by LVr'IA Hearing Conducted LWIA Decision within 60 days Unsatisfactory Decision or LWIA Decision not issued within 60 davs 1I=4thin 10 days of receipt of ; unsatisfactory decision or 10 days Request for State Review from date LYVIA decision should have been issued Governor's Decision issued by State Review Panel If no decision issued by State Review Panel w 0 w 0 b a a 0 Annear 1 to DOL 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 Vl. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. A. Procedures at the LWIA Level The complainant shall file his/her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during. the conference. 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. 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. 3. 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 Filing of complains on the basis ~ Day I days of alleged Of Handicap with LWIA discrimination ~ Informal Resolution If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted ~ I Day/45 Day LVdIA Decision Unsatisfactory Decision or No Decision State Review Governor's Decision 60 Days Filed within 30 days of LWIA/State Decision or 90 days from date of initial filing of complaints Appeal to Assistant Secretary Department of Labor 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 develcp 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. 18 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 andlor intake and assessment services. 19 Exhibit D 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: 11 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. 21 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 4including 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 510,000 and not more that 5100,000 for each such failure. ;t~ee~IConyjactor,Or~nizatioL~ /~ ,, _ Program Title Name of Certify Official Signature Certification ReQardinE Debarment 4uspension Inelii;ibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Par[ 98, Section 98.510, Participants' Responsibilities. The regulations were published as Pazt VII of [he May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal deparhnentor agency; b. Have no[ within athree-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within athree-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title(pfbfficiahAuthorized to Certify On Beh~alf~of [he Grantee ---1 y'~-~0 ,/ Date 35 Exhibit E 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 Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. CERTIFICATIDN A. The contractor certifies that it will provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing adrug-free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining adrug-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; (c1 Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) 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. Pg. 2 (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (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 adrug-free workplace through implementation of paragraphs (a1, (b), (c), (d), (e1 and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. l / ~~~ ~ Dated: ~~/ ~/~S Program Operator DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS A Name: Name of Contractor: Contractor Number: Date: //~'/~~S/ The Contractor shall insert in the space provided below the sitels) 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): ~ 53 ~. C~ `114/ ,cam ~n~-=-- Attachment G Exhibit F BUDGET FORM Administrative Pro ram Total WIA Match/In Kind Personnel. Sal arias: (List titles and FTHs)* See attached budget detail 7,778 40,851 48,629 14,325 Benefits* 2,676 10,529 13,145 2,215 Total Personnel 10,394 51,380 61,774 16,540 O eratin Ex enses Rent or userfee* 7,935 7,935 7,935 Utilities Phones Internet fees Parkin fees Securi Maintenance ]nsurance E ui ment rental fees* Vehicle lease charges (vehicles tray not be urchased) Office expenses (consumables) 1,410 Accoun[in Services Le al services Auditin services 773 Indirect costs (attach indirect cos[ rate plan**) 3,327 846 604 Staff trainin Staff traveVtnilea e 1 664 Participant W a es* taxesiinsurance 89,091 89,091 Su ort services* 4,600 4,600 3,519 Profit (for rofi[s onl ) Other (list)* Project Transportation Charter School 5,371 5,371 5,371 18,715 TotalO eratin Ex enses 0 1(16997 106996 44164 GRAND TOTAL (Total Personnel + Tota] Operating Expenses) 10,394 158,377 768,771 60,704 *Attach a separate sheet detailing these costs. Must be included with proposal or it will not be considered for funding. Note: Audit Requirements States, local governments and non-profit institutions who receive $500,000 or more in federal funds in a fiscal year shall meet the audit requirements of the OMB Circular A-133, "Audits of States, and Local Governments and Non-Profit Institutions." 33 Santa Ana Youth Council 2005/06 OCCC Direct Program Expenses Program Personnel WIA WIA OCCC Staff Wages/Selaries Time% Amount Administative Staff Ezeculive Director R. Stroup 81,994 5% 4,100 Program Director J. Volp 45,718 0% - Finance Manager R. Smith 45,718 5% 2,286 Admin AssUPayroll A. Duran 27,851 5% 1,393 Subtotal Admin Staff 7,778 Employer Taxes 2,170 Workers Compensation 86 Benefits 360 Subtotal Admin Sfalf 7axesrBenefifs 2,616 Total Administrative Expenses $ 10,394 WIA Program Specialist A. Renteria 38,522 60No 23,113 Cms Recruiter R. Jimenez 26,000 10% 2,600 Crew Supervisor E. Moran 25,230 60% 15,138 Subtotal Program SfaS 40,851 Employer Taxes 5,004 Workers Compensation 2,405 Benefits 3,120 Subtotal Program Staff Taxes/Benefits 10,529 Program Expenses Project Transportation 5,371 Occupancy 7,935 Subtotal Program Expenses 13,306 Total Program Expenses $ 64,687 Corpsmember (CmsJ Expenses Average Total W1A Cms Stipends # o/Cms Hourly Rate Hours Amount Cms (10/05-6106) 12 $ 7.15 $ 71,344 Cms (7105 - 9105) 4 ~, Carry-overs 7 Cms Hours/Paid Work Experience 8,376 Employer Taxes 5,458 Workers Compensation 9,988 Cms Bonus 23 $ 100 2,300 Supportive Services/Training 23 $ 2D0 4.6D0 Subtotal Cms Expenses 93,690 WIA OCCC Match OCCC Staff Salaries fl Wages (pg 2) $ 14,325 Employer Taxes $ 1,096 Workers Compensation 159 Benefits 960 Subtotal Taxes B Benefits $ 2,215 OCCC Match $ OCCC Charter School $ 18.716 OCCC Expenses (pg 2) $ 25,448 Total OCCC Cash 8 !n Kind S 60,704 Santa Ana Youth Council PY 2005/06 OCCC Personnel Expense WIA VNA OCCC Budget °/ Direct In-kind FY 05/06 Personnel Services: StaN Salaries8 Wages Executive Director R. Stroup 81,994 5% 4,100 Executive Asst. H. Duran 26,541 D% - - Finance Manager R. Smith 45,718 5% 2,286 - Accounting II A. Duran 27,851 5% 1,393 - Conservation Coordinator L Murtay 36,900 8% 2,973 Cms Recruiter R. Jimenez 26,000 10% 2,600 - WIA Program Specialist A. Renteria 29,973 75% 22,480 - WIA Program Specialist D. Ramirez 29,973 0% - - Cms Development Coordinator M. Galindo 37,253 8% 3,001 Youthbuild Coordinator M. Lopez 31,304 0% - - Teacher A. Totaro Charter Teacher J. Drom Charter Teacher J. Luedkte Charter Teacher A. Bowman Charter - Deputy Director R. Gietzen 57,949 8% - 4,668 Project Director G. Patton 45,718 8% - 3,663 Program Director J Volp 45,716 8% 3,683 - 8upervisors: Bartholomew C 36,421 - - - BookerJ 19,656 - - - Bravo V. 19,656 - - - Brown M 22,880 - - - Cayetano R 26,478 - - - Collins C 24,024 - - - Frauslo L 24,024 - - Guzman N. 19,656 - - - Jones R 45,718 - - - King C 29,973 - Miranda M. 19,656 - Moran E 27,789 75% 20,842 Nieto D 31,304 - Tota! SfaNSalaries 8 Wages Villegas M 24,024 - 57,383 14,325 Budget FEZ FEZ FEZ OCCC Operating Expenses: FY 05106 % Amount 8.1% In-kind Note DOC Expenses - 0% - - - Administration 9,590 8.1% 773 773 Staff training/audit 8legal fees Transponation 133,350 8.1% 10,743 5,371 5,371 Project gas/oillvehicle maintenance Travel 8 Conference 20,650 8.1 % 1,664 - 1,664 Staff mileage Corps Expenses 43,680 8.1 % 3,519 3,519 Cms toolslsafety suppliesluniforms Occupancy 197,000 8.1% 15,870 7,935 7,935 Ren[/utilitieslphones Office Expenses 17,500 8.1% 1,410 - 1,410 Office supplies Professional Services 41,300 8.1% 3,327 3,327 CPA! IT /contracted services Marketing/Membership 10,500 8.1% 846 846 Education - 8.1% - - Classroom supplies/books Finance Charges 7,500 8.1% 604 604 Bank fees Total Operating Expenses 481,070 13,306 25,448 Total WIA Project Hours 8,378 Total OCCC Project Hours 104,000 Project % (WIA hrs/OCCC hrs) 8.1 % Page 2 Exhibit G Attachment D Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by [he City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that 1 must give assurances for each item below. If I cannot, this proposal will be automatically rejected. PJease initial each box. I am authorized by my Board of Directors, Tmstccs, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of Califomm, or local Ikbarment list. We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed [o ensure [hat WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. W e will meet the applicable Federal, Slate, and local compliance requirements. These include, but are not tmi[ed to: cords accurately reflect actual performance. aintain record confidentiality, as required. orting financial, participant, and performance data, as requited. ~mply with State and Federal fiscal and program activity audits. plying with Federal and State nondiscrimination provisions. eating requirements of Scc[ion 504 of the Rchabilimdon Act of 1973. ~c[ing requirements of the American's with Disabilities Ac[ of 1990. (submit completed survey) et~ng all applicable labor law, including Child Labor Law standards. ree to provide a drug free workplace. ree to insure the City of Santa Ana through Genera] Liability Insurance and Automobile Liability erage in the amount of $ I,DOQ000.00 policy. A ee to provide all participants with Grievance Procedtves. ee to insure proposer's employees through Workers Compensarion Insurance (including part-time employees) W dl not: ce a youth in a position that will displace a torten[ employee. WIA money to assist, promote, or deter union organizing. Use funds to employ or [rain of persons in sectarian activities. Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used ..,,----,,(( for sectarian instruction or religious worship. QyUse W1A funds for activities that would interfere with or replace regular academic requirements for /~~~/// eligible youth who are not dropouts. 17yUse WIA funds to carry out programs funded under [he School-to-Work Opportunities Act o£ 1994 / unless the program(s) are only £or youth eligible to participate under WIA. I hereby a~sure that al f the ova are true. Title Attachment E •- - - Formatted: Bullets and Numbering •--- Formatted: Bullets and Numbering •--- Formattetl: Bullets and Numbering ~~~~ S' 34