HomeMy WebLinkAboutTaller San Jose 11C~~ =D,6
AGREEMENT TERMINATION
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questions. CLEFi7 i~i% CI-;vI~;ClL
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City of Santa Ana
Revised 8-7-03 Clerk of the Council
INSURANCE 0.': I,.
WORK MA\ I ,,,iv..'
UNTIL INoUb,vL cA~IRES
J:.l2 - hI) ,
GLlM ut WUNCIL /'
DATE: ,.. ';f ~ I~
Contract No.
A-2005-239
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this 1st dav 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 Taller San Jose
("CONTRACTOR").
W-I-T-N-E-S-S-E-T-H
Recitals:
A. CITY has been designated a Local Workforce Investment Area (L WIA) 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.
California law.
CONTRACTOR is willing to operate said program pursuant to the Act and
WHEREFORE, for and in consideration of the respective and mutual covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
Page 1 of 15
I.
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated
herein:
CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ("participants") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105-220.
C. CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. CONTRACTOR shall provide wages and benefits to individuals who participate
in the activities and services funded by this Agreement ("participants") in accordance with the
standards and requirements of the Act, including Section 181 of the Act.
E. CONTRACTOR shall adhere to the Labor Standards described in the Act
including Section 181 of the Act.
F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under
the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CPR
~667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under
the Act and the procedures for resolution of any complaints. CITY's procedures for handling
complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall
be followed and any decision of CITY, the State or the federal government relating to the complaint
shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate
a grievance system that incorporates CITY's procedures for resolution of complaints relating to the
terms and conditions of employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of
1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of
1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities
Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing
-
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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 ofthis assurance.
H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
1. 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 Enrollment/Registration form (WIA EWIE)
and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA
EWIR; any subsequent updates to EWIE and lor 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 enrollment 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 ofthe 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
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shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
Government or their representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on
CITY's lnvoice/V oucher form, showing in detail the amount of money already expended by
CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be
supported by such source documentation such as cancelled checks, paid bills, payrolls, time and
attendance records, contract and subgrant award documents [29 CPR-Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000
East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month
following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail
to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving
CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY
excess revenues over costs or use such excess revenues as program income by utilizing such program
income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
funds received from CITY, in accordance with the Act, 20 CPR Section 667.200 and OMB Circular A-
133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days
after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these
requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend
additional grant funds.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-I02 of the U.S.
Office of Management and Budget (OMB) and the related "Cornmon 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 CPR Part 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CPR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
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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 ofthis Agreement.
Q. CONTRACTOR agrees to provide a drug-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 all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assigrunent orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
Califomia Employment Development Department (EDD).
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 fortv-seven thousand,
eight hundred and thirty Dollars ($147.830) 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 June 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.
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IV.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee ofthe City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the City
to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
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 VI! 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 VI! of the Civil Rights Act of
1964 (P.L. 83-354) and in accordance with Title VI! of the Act, no person shall, on the grounds ofrace,
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.
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3. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
4. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the WIB Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use of funds under this Agreement for a three-year period
from and after the effective date of this Agreement.
5. No person with responsibilities in the operation of any program under the
Act shall discriminate with respect to any program participant or any application for participation in
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
6. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
7. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit 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 after 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 Govermnent 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 separation of church and state.
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12. PATENT, COPYRIGHTS AND RIGHTS IN DATA.
The CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of Cali fomi a, 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. lNVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights, processes,
or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the
CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report
the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the
DOL and its representative on these matters, the DOL shall determine whether to seek protection on
the invention or discovery. The DOL and its representative shall determine how the rights
in the invention or discovery, including rights under any patent issued thereon, will be allocated and
administered in order to protect the public interest consistent with the "Governmental Patent Policy"
(President's Memorandum for Heads of Executive Departments and Agencies, August 23,1971,
and Statement of Goverrunent Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-able
material is developed in the course of or under a DOL Grant or agreement, the author and the CITY
which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The
copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b)
Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with
grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first
procured or delivered under this Agreement.
14. CLEAN AIR I CLEAN WATER ACT. If the grant hereunder exceeds
$100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)];
Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental
Protection Agency ("EP A") regulations (40 CFR Part 15) as any may now exist or be hereafter
amended. Under these laws and regulations, the CONTRACTOR assures that:
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(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EP A List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EP A 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:
I. 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 marmer, 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. Emplovrnent of Former State or CITY Emplovees. 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
\his Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two years following the termination of such employment.
3. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involving Close personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WID), 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 WID, 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 WID 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.
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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 Liabilitv. 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 ofthe State of
California and CITY. Governmental entities may substitute a certificate of self-insurance.
2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$l,OOO,OOO limit unless reduced by CITY, which applies to both owned/leased and non-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
agents as self-certification of automobile insurance coverage. Governmental entities may substitute a
certificate of self-insurance.
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
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partlclpants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self-insurance.
5. Proof of Insurance. 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
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assigmnent 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;
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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 may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
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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 xvrn 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, WIB Administrative Office
1000 Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
and,
-
CLERIC
Clerk of the City Council
City of Santa Ana
Page 13 oft5
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR:
Taller San Jose
801 N. Broadway
Santa Ana, CA 92701
(714) 543-5105
Telefacsimile (714) 543-5032
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
xx.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature 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:
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
Patricia E. Healy
Clerk of the Council
By:
t:) ~ 'tv.iL.J A
David N. Ream
City Manager
APPROVED AS TO FORM:
"CONTRACTOR"
BY: ~.~ ~
y Joseph W. Fletcher
City Attorney
BY 4<.);" j/1l~'
N.ame: s~5k, rJOI'V )(1 e .s
TItle: ~ 1\,-1'"", e-;.e."vt;~ i),Y'u..-tOi
TaxID#: 95-11.-1-33-113
RECOMMEND FOR APPROVAL:
~{'t! '1 ~J1)cudo
Patricia C. itaker
Executive Director
Page t5 of 15
Exhibit A
About the Program
Executive Summary
Taller San Jose (St. Joseph's Workshop) is a highly focused, goal-oriented program that targets
young adults, ages 18-28, who are caught in a cycle of crime and poverty and need marketable
job skills in order to become productive self-reliant adults. TSJ focuses on young people who
have dropped out of high school, have been incarcerated or are on probation, and have a
background of gang involvement. Many of our students have parented one or more children and
suffer from drug and alcohol abuse.
Since 1995, Taller San Jose has helped over 3,000 young people to restructure their lives, finish
their education and develop marketable job skills. In 2004, 350 young adults entered TSJ's
education and job-training programs. Program outcomes show that 97% of program participants
will not be rearrested for violent crime, and that 86% of our students who achieve their program
goals will move on to either community college or full-time employment. The program's success
in reaching these at-risk young people is attributed to a holistic, relational approach. The values
of community, dignity and responsibility are woven into each program and every interaction.
Through its state-of-the-art programs in construction, information technology and medical
career, TSJ prepares undereducated and unemployed youth to successfully transition into the
workforce. Using a combination of intensive classroom instruction, hands-on job training, and a
"real world" work environment, TSJ focuses on the skills employers require on-the-job. This
type of setting assists youth to develop good work habits while providing a structured
environment in which to be successful.
Although TSJ provides programs and services that include all 1 0 WIA Elements/Services, TSJ
will focus its efforts on WV\ Elements/Services 2-10. Youth who participate in any ofthe job-
training programs and need to complete their secondary education will have access to the
educational resources available at TSJ. TSJ recruits out-of-school youth through a number of
methods including: I) Community Outreach Coordinator - a full-time staff member dedicated to
recruit efforts, 2) Referrals Fom students - 65% of current students were referred by a friend or
relative involved with TSJ, and 3) Referralsfrom community partners including: the Orange
County Probation Department, the Santa Ana WORK Center, Centennial Education Center, La
Familia, OCCC, Youth Provider Network, Daisy Wheel Network, and others.
Over the course of the next year, TSJ will achieve the following outcomes:
o Recruit and enroll 20 eligible out-of-school youth between the ages of 18-28.
o Provide industry specific training for all eligible youth in one of three areas:
construction, information technology or medical careers.
o Facilitate the placement of 75% of youth into jobs above minimum wage.
o 85% of youth will remain employed for a minimum of 6 months.
o Increase youth wage earnings by $3,500 or more.
o Maintain a 70% credential rate for youth.
I
Main Purpose of Program
Taller San Jose (St. Joseph's Workshop) has one focused mission - to provide continuing
education and job-training to young adults (18-28) who seek a productive and self-reliant
jilfure.
Sponsored by the Sisters ofSt. Joseph of Orange, Taller San Jose (TSJ) was established in 1995
in response to the high rate of crime and gang violence among Santa Ana's youth and the lack of
resources available to youth who had either dropped out of school or been incarcerated. Young
people in Santa Ana, who have not completed high school, who have no defined job skills, and
who have criminal records face a number of significant obstacles. TSJ addresses these barriers
through intensive classroom instruction, hands-on training, and effective adult mentoring to
reduce barriers to employment or academic achievement.
TSJ is a highly focused, goal-oriented program that challenges its students to build a foundation
for future sustainability. Through its intensive job-training efforts in construction, information
technology and medical careers, youth acquire essential hands-on skills while learning how to
adhere to basic employment principles such as: showing up on-time and as scheduled, working
as a team member to complete assignments, keeping work areas clean, safely using all tools and
equipment, and properly filling out time cards. The goal is to assist youth to become
economically self-sufficient in a relatively short period of time through intensive hands-on job
training coupled with employability and social development.
Job-training at TSJ takes place over a IS to 22 week period depending on the program. During
their job-training, youth participate in work related training four days a week and are provided
opporhmities for completing a high school diploma, tutoring, and extra work hours one
additional day each week. Participants in the program are paid $7.00 per hour and receive
certification upon completion of the program. Youth are required to meet the following
qualifications to participate in training:
. Between the ages of 18-28 years of age
. Right to work documents
. Ability read English at a 6th grade level (technology program only)
. Pass a pre-hire drug screen
There are 14 full-time and two part-time staff members available to youth enrolled at TSJ. Staff
members work with each youth on a daily basis to provide support services, instruction, and
mentoring .
Goals/Objectives and Performance Levels
The primary purpose ofTSJ is to provide a means of self-reliance to out-of-school youth through
structured on the job training and work experience. Over the course of the next year, TSJ will
recruit 20 youth. This will be accomplished through active recruitment efforts, interviewing,
assessment, and effective job-training. Like many other community-based organizations, TSJ
actively recruits students through continuous community outreach. Our records show that 65%
of all students are refened by either current or past participants of TSJ programs. Referrals to
2
TSJ are also generated through the school system, churches, community organizations, and the
probation department.
Although the TSJ program offers all 10 WIA Elements/Services, youth taking part in job-training
and work experience through TSJ will receive services concentrating on WIA Elements 2-10.
Youth who meet the minimum requirements for enrollment will take part in an interview and
assessment prior to taking part in job-training at TSJ. The T ABE assessment test will be used to
identify basic skill deficiencies of each student. Program components are adjusted to meet the
youth basic skills needs as determined by the assessment. Enrollment activities begin one month
prior to the course start date. This is followed by 15-22 weeks of intensive job-training. Youth
who successfully complete their job-training receive certification proving proficiency in the
training program in which they participated. Certification is given by industry based and
accredited organizations.
o
As an organization, TSJ is distinguished by program refinement and continuous improvement.
TSJ uses an established evaluation method including: client surveys, focus groups, and
feedback collected during mentoring sessions to address client concerns. TSJ program staff
meets bi-monthly to discuss and refine exisiting programs and services.
Program Description
Taller San Jose is positioned to serve the older out-of-school youth (18-21) population through
an intensification of its present program with an emphasis on recruitment, assessment, training,
case management, educational opportunities, support and employment services. Eligible youth
have the opportunity to participate in highly focused training in construction, information
technology, and medical careers.
The training model for each ofthe vocational program at TSJ focuses on three key areas: Hard
Skills Developme/ll- work experience, Employability Developme/ll- job preparation, and Life
Skills Developme/ll- on-going personal development. Over the course of the training period,
youth complete the following cUlTiculum:
. . . :
Taller Tech . Customer Service . Anger Management
. Construction (15 wks) . Employer Expectations . Communication &
Career Tech . Interview Techniques Listening Skills
. Microsoft Office . Job Search Strategies . Conflict Resolution
Specialist (16 wks) . Mock Interview . Drug & Alcohol
. A+ Technician (22 wks) . Networking Education
Medical Careers . Resume Writing . Goal Setting
. CNA (18 wks) . Workplace Safley . Leadership Development
. Front Office . Personal Finance
. Public Speaking
. Wark lace Math
3
TSJ is not an island. Located in the geographic center of Santa Ana, the program interacts with
numerous educational and social service organization to accomplish its goals. TSJ views its role
as a strong advocate for the unseen and underserved out-of-school youth in Santa Ana.
Partnerships with local organizations including: the Probation Department, La Familia, the
Regional Occupation Program, the Santa Ana W/O/RJK Center (SA We), Santa Ana College
(SAC), and the Orange County Conservation Corps (OCCC) have contributed to the on-going
development of programming and services at TSJ.
SA WC has been a key partner for TSJ over the past several years. Collaboration between our
organizations has included recruitment and refenal of clients, participation in sponsored job
faitS, pre-employment workshops, and job refenals and placement. SA WC is in close
geographical proximity to the TSJ site and will make its services and resources available to
student and graduates of our work experience programs. SA WC staff will have an active role in
the presentation of job skills to TSJ youth. TSJ will continue to work with SA WC as a center for
recruitment of prospective students and a center for refenals to employment for TSJ graduates.
I. Outreach/Recruitment/Eligibility: TSJ recruits out-of-school and unemployed young
adults (18-28) through the following avenues:
. Community Outreach Coordinator - TSJ employs a full-time staff member to
recruit program participants
. Refenals from cunent TSJ students - 65% of cunent students were refened by a
friend or relative involved with TSJ
. Refenals from community partners including: the Orange County Probation
Department, the Santa Ana WORK Center, Centennial Education Center, La
Familia, OCCC, and others.
Eligibility is determined through an application process. Program participants at TSJ are
required to completed an application for employment and provide original copies of right
to work documents. The minimum requirements for enrollment are as follows:
. Must be between the ages of 18-28 years of age
. Possess valid right to work documents
. Read English at a 6th grade level (technology program only)
. Pass pre-hire drug screen
2. Intake/Assessment: An assessment of each student takes place prior to training at TSJ.
Youth are interviewed by a staff member and complete aT ABE assessment exam which
detem1ines the basic skills proficiency level of each youth. Program components are
adjusted to meet the youth skill level.
3. Case Management: TSJ attributes its success at reaching and retaining Santa Ana's
undereducated and unskilled youth to a holistic, relational approach to education and
training. The philosophy of the program calls for high interaction between staff and
youth. Staff members focus on making warm and supportive contacts with youth from
the first phone contact/walk-in, through orientation sessions and throughout the first
critical weeks of the student's participation.
4
TSJ links each student with an adult staff mentor within one week of enrollment in job-
training. The mentors assess individual student risk factors, oversee attendance, student
perfOlmance and have long-term responsibility for the student-apprentices assigned to
them. Regular attendance, punchlality, drug-free behavior, a positive attitude and
appropriate dress are viewed as job-ready behaviors and emphasized on a daily basis.
In addition, TSJ graduates work with an on-site job developer at TSJ to find full-time
employment and enter the workforce and/or enroll in continuing education coursework
after completing training.
4. Program Services: TSJ provides an intensive, multi-level job training program to prepare
young adults to enter the workforce in the areas of general building repair, carpentry and
weatherization. Youth who successfully complete their job-training at TSJ receive
certification from one of the following entities: National Center for Construction
Education & Research, Microsoft, CompTIA or the State of California.
5. Placement in Jobs or Continuing Education: TSJ has a strong program linking youth to
employment through job preparation workshops, participation injob fairs, resume
preparation, referrals and job coaching. Job resources are networked through SA We.
SA WC staff will have an active role in the presentation of job skills to TSJ youth.
In addition, TSJ youth who have not completed their secondary education are encouraged
to co-enroll in a high school diploma offered on Friday and Saturday. These diploma and
certification programs are sponsored through Santa Ana College/Centennial Education
Center at the TSJ education program site. All educational and leadership training
programs sponsored by TSJ can be utilized by eligible youth on an open-enrollment
basis.
A network of more than 50 local employers provide employment opportunities to
graduates. Likewise, OCCC will offer paid work experience and continuing education to
those youth who are not ready to enter the workforce immediately upon completing their
training at TSJ.
6. Follow-up: Providing follow-up to students after they have comJlleted their planned goals
is a key part ofthe relational model used by TSJ. TSJ is committed to providing follow-
up services including mentoring, job coaching, and support services to 100% of its
graduates. Follow-up services provide a stable foundation for students to build on as they
transition from unemployment into the workforce and include:
. Providing job placement and referral to youth who achieve certification injob-
training coursework.
. Assisting students apprentices to maintain employment for a minimum of 6
months after placement through ongoing job coaching, mentoring, and support
servIces.
. Working as a liaison between employers and graduates for a minimum of90 days
after placement.
5
All follow-up services will be provided to graduates for 12-months after their completion
of job-training activities. Staff mentors will provide intensive support through the first 90
days after placement providing weekly meetings. As graduates acclimate to the
workplace, meetings will happen on a bi-weekly or monthly basis.
Facilities
Taller San Jose will provide services at two different locations in the city. Youth interested in
any of these program can apply at one of the following locations:
Taller Tech - Residential Construction
810 N. Poinsettia, Santa Ana, CA 92701
(714) 569-0940
(714) 569-0941 Fax
Hours of Operation: Monday - Friday
8:00AM - 4:30PM
Taller Tech is located in a newly developed 10,000 square foot industrial building. The space
provides adequate room for everything from classroom work to large scale building projects.
TSJ worked closely with the City of Santa Ana, during the development of this program, to
establish this as a suitable site for a trade school. The Santa Ana City Council approved this
usage and provided a variance for all training activities.
Career Tech - Information Technology
Medical Careers - CNA & Front Office
801 N. Broadway, Santa Ana, CA 92701
(714) 543-5105
(714) 543-5023 Fax
Hours of Operation: Monday - Friday
Saturday
8:00AM - 4:30PM
9:00AM-4:00PM
TSJ offers continuing education programs at its fully renovated site located eight blocks west of
Taller Tech. TSJ has operated at this site since October 1995. It provides a clean and safe
environment supervised by staff.
6
About the Organization
Description of Proposer
Taller San Jose (St. Joseph's Workshop) is a non-profit, faith-based organization whose sole
purpose is to work with undereducated and unskilled young adults, Since 1995, TSJ has worked
with more than 3,000 young adults in Santa Ana and the surrounding communities, TSJ is a
multi-service program providing: a high school diploma program, , mentoring and counseling
services, life skills, job-preparation, job-placement and job coaching, bus passes and childcare
support as well as vocational programs in for construction, information technology and
convalescent nurses assistant.
Ihe typical TSJ student shares seven of the following characteristics:
. Is Latino
. Is between the ages of 18-28
. Has not completed high school
. Is a parent
. Speaks both English and Spanish
. Lives in over-crowded housing
. Is unemployed or underemployed
. Has been incarcerated or has been involved in gangs, drugs, or crime
ISJ developed seven core goals for out-of-school youth and all program components work
toward helping students to achieve these ends, Within the period of one year, students are asked
to complete five of the following objectives:
. Obtain a GED or complete a diploma program
. Master basic computers skills
. Attain a driver's license
. Open a bank account and use it
. Stay crime free for a minimum of one year
. Register to vote
. Get a job that pays above minimum wage
IS] serves as a structured and supportive environment in the center of the city for young people
who are caught in the cycle of poverty and need further training to become financially
independent. Youth are empowered to become self-reliant, productive adults within one year of
their enrollment.
Over the last ten year, Taller San Jose has been recognized for its work with the hardest to serve
youth and young adults, The program was awarded the Audrey Nelson Award as one of six
programs in the country noted for creative use of Community Development Funding, Likewise,
the Pew Charitable Trust named TSJ as one of 19 programs in the country that it has chosen to
research and study, This research proj ect, Wanted: Solutions for America, has identified
programs which creatively address society's most critical issues,
7
Due to recent program growth, TSJ implemented a student tracking system which monitors
student attendance, goal setting and achievement, educational assessment and progress, as well
as assisting with recruitment and retention efforts, This information helps staff target students in
danger of dropping out of educational or job training programs, In addition, TSJ regularly tracks
the following data to measure program effectiveness:
. Number of youth recruited for vocational programs,
. Number of youth who complete courses ofslUdy.
. Attendance and punctuality rate for youth,
. Number of youth who enroll in and complete high school.
. Number of youth employed after completion of the program,
. Number of apprentices employed 60, 90, 180, 365 days after job placement.
. Number of apprentices previously incarcerated who remain free of violent or drug related
cnmes,
Experience
TSJ serves the educational and job-training needs of the undereducated and unemployed out-of-
school youth population of Santa Ana who have fallen through the cracks of traditional
educational systems, TSJ accomplishes this by providing a comprehensive package of services
including:
1, Provides a high school diploma program for out-of-school. Nearly 500 youth have
successfully completed their secondary education since 1998,
2. Assistance with transition into community college, A transition specialist from the Santa
Ana College works directly with students with completing the necessary application,
registration, and financial aid forms, Students that take advantage ofthis resource also
receive priority registration for their first semester within the community college district.
3, In conjunction with ROP, TSJ offers two levels of Convalescent Nurses Training (first
level and acute care) which provides 18 weeks of classroom and clinical instruction.
Students who complete this training are eligible for certification by the State of
California.
4, A program focused on developing young leaders - Personal Empowerment Program
(PEP) _ invites students to participate in a 7 -week course addressing personal leadership,
teambuilding, networking, public speaking, goal setting, and personal empowerment.
This program is not currently being offered,
5. Monthly bus passes and childcare vouchers are available to students who maintain an
attendance rate of 90% and attendance.
6, All TSJ students 18-28 years of ages are assigned to an adult mentor on staff. Adult
mentors assist students with goal setting and work as an advocate for the student.
Mentors meet weekly with students and track ongoing progress.
7. Through an extensive Life Skills program, TSJ offers education on topics such as:
parenting skills, physical abuse, drug & alcohol abuse, financial matters, anger
management, staying crime free, job preparation, interviewing, resume writing, and many
other issues.
8. Community Court Program - Judge Lindley with the Superior Court of Orange County
hold court proceeds on a monthly basis at the TSJ facility located at 810 N, Broadway.
8
Students can bring outstanding warrants for misdemeanor offenses to be heard by Judge
Lindley.
Key staff for this proposal inclndes the following:
Sister Eileen McNerney (.10), founder and Executive Director ofTSJ. Sr. Eileen has been a
Sister of St. Joseph of Orange for over forty years. She received her M.A. in Educational
Administration and a M.S. in Counseling Psychology. She is on the Board of Trustees for St.
Joseph's Hospital and is a member of the WIB Youth Council.
Sister Mary Rogers (.20), Associate Director. Sister Mary has been a Sister of St. Joseph of
Orange over for 40 years. She received her B.A. at Loyola Marymount. She holds a
California Life Standard Elementary Teaching Credential and a Supplementary Authorization
Teaching Credential for High School Computer Instruction.
Shawna Smith (.50), Program Director. Shawn a has worked at TSJ for seven years assisting in
the development of numerous projects including Taller Tech. She received her B.A. from Santa
Clara University and spent a year working with the Jesuit Volunteer Corps in Orange County.
Sister Christine Ray (.50), Operations Coordinator. Sr. Chris worked as an administrative
assistant for the woodshop for two years. She received her B.A. in Liberal Arts from Loyola
Marymount. She has been a Sister of St. Joseph of Orange for over twenty years and worked as
a chaplain for St. Joseph's Hospital for ten years prior to coming to TSJ.
Daniel Suarez (.50), Construction Training Coordinator. Dan completed his apprenticeship
training and achieved journeyman status with the Carpenters Union after serving in the Army
during Vietnam. Dan has been a licensed general contractor since 1976. Before coming to Taller
San Jose, Dan received certification in Auto CAD design from MTI College.
Perdo Sarinana (.50), Construction Instructor. Pedro is a graduate of the Taller Tech program
and has worked in the construction industry for three years. He is currently attending Orange
Coast Community College.
Sergio Ortega (.50), Job Developer. Sergio was born in Mexico and immigrated with his family
to the United States at a young age. He has extensive experience in marketing, and over the
past several years, has provided job development services at Goodwill Industries and the City
of Garden Grove.
Arturo Guen'ero (.25), Case Manager. Art works closely with students with criminal and/or
drug and alcohol issues. He received his B.A. in Psychology from Pepperdine University.
Before coming to TSJ, Art worked for over twenty years as a federal probation officer.
Keavin Milburn (.50), Program Director for CareerTech. Keavin received his M.B.A. with
emphasis in Technology Management and a B.S. in Business Information Systems. He has been
an adjunct professor with the University of Phoenix for 4 years and has over 18 years experience
in InfoID1ation Teclmology.
9
Zubin Khambatta (.50), Technology Instructor. Zubin has over 10 years of corporate IT
experience. He received his Bachelor's Degree in Computer Science and Engineering from
California State University, Long Beach.
Brent Woods, (.50), Case Manager. Brent has worked in both corporate America and as an
entrepreneur in the areas of training and development. He is currently attending California
State University Fullerton to pursue a master degree in counseling.
Fiscal Capacity
Since it opened in 1995, TSJ has demonstrated clarity of vision and credibility in the community
for dealing with hard-to-reach young adults. The program has been funded by nearly 50
different foundations and over 700 individual donors.
Accountability requirements and administrative measures have been developed to handle
reporting requirements and tracking systems for all income and expenses including grants
received by TSJ for program purposes. Fiscal data is recorded in QuickBooks Premier for
Nonprofits. There is an accounting manual available upon request which details the entire
system. There is an annual independent audit. In addition, An annual budget is used to plan
expenditures and costs, which is approved by the Board. Financial statements are prepared
monthly, and reviewed by the Executive Director. On a bi-monthly basis, financials are
reviewed by Department Managers, the Finance Committee, and the Board.
TSJ does maintain a procurement policy which states, "The officer, employee or agent
responsible for procurement of services, supplies, equipment or construction shan review all
proposed procurement actions to avoid the purchase of unnecessary or duplicative items. All
services and items will be purchased with consideration ofthese priorities:
1. Best price
2, Features and quality of the item
3, Willingness to meet billing, delivery, and service needs.
4. Minority or Woman-owned supplier."
(A full copy of th is policy is available upon request.)
TSJ is capable of providing monthly invoices for services provided. Costs are accumulated in
the general ledger by account and grant. Cost reports are prepared by the Controller and
forwarded to the Program Manager, who prepares the invoice, and send it back to the Controller
for review and entry into the system.
(Please see most recent financial statements in the Attachments section of this proposal.)
Sub-Contracting:
Taller San Jose does not intend to sub-contract client services or activities.
10
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Exhibit C
COMPLAINT HANDLING
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
WIA
Santa Ana Local Workforce Investment Area
July 1, 2001
Table of Contents
I. Information Regarding Complaints.. ................... ..... ..... ........................ ......................... ............ 2
A. Nondiscrimination and Equal Opportunity Complaints ..........................................................2
1. Policy Statement ...................................................................................... ....... ..... ..............2
2. Civil Rights ................. ........................ ............ ............................................ ........... ............. 3
3. Nondiscrimination Laws under WIA ................................................................................... 4
4. How to File Your Complaint ............................................................................................... 5
B. Criminal Complaints ........................................................................ ............. ............... .......... 6
II. General procedures for Handling Non-Criminal Violations of the Act .......................................6
iii. procedures for Handling Complaints at the SDA Level............................................................. 8
IV. Procedures for Handling Complaints at the State Level.......................................................... 13
V. procedures for Handling Discrimination Complaints by Participants....................................... 15
VI. Procedures for Handling Handicap Complaints by Participants.............................................. 16
GLOSSARY OF WIA TERMS ........................................................................................................18
1
\. 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 I nvestment 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,
hand'lcap, 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.
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.
Fair employment practices must ,be provided to all staff with
regard to recruiting, hiring, transferring, promotions, training,
compensation, benefits, layoff, and termination.
3
3. Nondiscrimination Laws under WIA
litle VI of the Civil Riqhts Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or
religion.
The Aqe Discrimination Act of 1975
Prohibits arbitrary discrimination against persons age 40-70.
The Rehabilitation Act of f 1973
Prohibits discrimination based on handicap.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity
receiving federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Riqhts 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 No. 11375
Creates the office of Federal Contract Compliance and prohibits
discrimination based on race, color, sex, religion, or national origin.
Department of Labor Secretarv's Order no. 4-73
Prohibits discrimination based on sex.
Equal pav Act of 1963
Prohibits pay differential solely because of sex.
4
Emerqencv Emplovment Act of 1971
Prohibits discrimination based on race, creed, national origin, political
affiliation, or beliefs.
4. How to File Your Complaint
a. Put your complaint in writing.
b. Have it sworn to before a notary public, if possible.
c. Provides details that tell what happened, where it happened, and when
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
and other criminal activity. "All information and complaints involving fraud, abuse or
other criminal activity shall be reported directly and immediately to the City of Santa
Ana and the Secretary of Labor."
II. General Procedures for Handling Non-Criminal Violations of the Act
The following procedure is promulgated to meet the requirements of Title 20, of the Code of
Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section
181 (c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and
LWIA level for the receipt, investigation, hearing, and resolution of complaints by WIA
participants, subrecipients, applicants for participation, or financial assistance, labor unions,
community based organizations, or any other persons.
These procedures provide for resolution of non-criminal complaints arising from the
operation of the Santa Ana LWIA.
A complaint is defined here as a written expression by a party alleging a violation of the
Act, regulations promulgated under the Act, recipient grants, subagreements, or other
specific agreements under the Act, Including terms and conditions of employment of such
participants in employment training programs. All complaints, amendments and
withdrawals shall be in writing. These procedures are intended to resolve matters which
concern policies, procedures or action(s) arising in connection with WIA programs operated
by each LWIA grant recipient and subrecipient under the Act.
These procedures shall not be construed as affecting any other available legal remedy
outside of the WIA complaint process (i.e., disputes regarding terms and conditions of
employment of any employee who is not a participant), either separately or simultaneously,
that a person may wish to pursue in the resolution of a non-WIA complaint. Also, these
procedures do not restrict the L WIA grant recipient staff in carrying out informal discussion
6
procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion
and resolution of any problems outside of and without resort to the formal complaint
procedure.
A, The following principles and rules apply to all complaints at all steps of the complaint
procedures:
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, Complainants shall have the right to be represented at their own expense by
person(s) of their choosing at all levels of the complaint process.
4. Upon enrollment into employment or training. participants shall be provided
with a written description of these procedures. including notification of their
right to file complaints and instructions for filing.
An employer of participants. including private-for-proflt 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 q program funded by Santa Ana
LWIA. The Complaint Resolution Procedures contained herein (or the
alternative procedures which an employer may use) shall be available to
participants to resolve disputes regarding items and conditions of employment
of such participants in employment training programs, However. such
rocedures shall not be used to resolve dis utes re ardin terms and
conditions of em 10 ment of an em 10 ee who is not a artici ant as defined
herein,
5. If a complaint does not receive a decision at the LWIA grant recipient level
within 60 days of filing the complaint or receives an unsatisfactory decision.
the complainant then has a right to request a review of the complaint by the
Governor.
7
6. Complainants must initially file and exhaust LWIA grant recipienVhearing
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 L WIA including resolutions of complaints arising from
actions, such as audit disallowances or the imposition of sanctions taken by the
Governor with respect to audit findings, investigations or monitoring reports.
i. 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. What provisions under the Act, regulations, grant or other agreements
under the Act, are believed to have been violated;
e. Remedy sought by the complainant; and
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.
8
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 he/she 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
b. 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.
B. Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence
not applicable. Unnecessary technicalities should be avoided. It should provide the
flexibility to enable adjustment to the circumstances presented.
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 a quasi-judicial
capacity should begin the hearing by summarizing the record and the issue
and should explain the manner in which the hearing will be conducted, making
sure that everyone involved understands the proceedings. Such explanations
should be adapted to the needs of the specific situation. The hearing officer
might take testimony under oath or affirmation to give some assurance of
veracity to the hearing.
10
4. The burden of proof should be reasonable and flexible, dependent upon the
circumstances of the case involved. The hearing officer determines the order
of proof. Generally, the party making the complaint has the obligation of
establishing his or her case and should be examined first.
5. The party involved should have the right to be represented (at their own
expense) if he/he so desires. Other he/she is limited to his/her own abilities
and those of the hearing officer in obtaining testimony in the case.
6. It is important that the hearing officer obtain the fullest information for the
record. If the parties involved, or their representatives, do not know how to
ask the right or pertinent questions in pursuing their right to due process, it
shall be necessary for the hearing officer to step in to have all the materials
and relevant facts elicited.
7. The practice in informal hearings is generally not to apply strict rules of
evidence in obtaining facts. However, the quantity of evidence required to
support a decision on an issue should be sufficiently credible that the state (or
other appropriate agency), upon reviewing the decision, would conclude that
the decision is supported by substantial evidence.
8. The hearing officer should attempt to negotiate a resolution of the issue at any
time prior to the conclusion of the hearing.
9. Within ten (10) days of the conclusion of the hearing, the hearing officer will
issue a recommended decision to the LWIA for final determination. The
recommended decision shall be in writing and may be accepted, rejected or
modified by the Santa Ana Workforce Investment Board.
C. Issuance of Decision
Within sixty (60) calendar days of filing of the compla1nt, the Santa Ana LWIA shall
issue a written decision to all parties by first class mail. The final decision shall
contain the following information:
1. The name of the parties involved.
2. A statement of the alleged violation and issues related to the alleged violation.
3. A statement of the facts.
4. The decision and the reasons for the decision.
5. A statement of corrective action, if any, to be taken.
6. Notice of the right to request, within ten (10) calendar days of receipt of the
decision, a review of the decision by the State Review Panel.
11
D. Record of Hearing
An administrative file containing support documents on the complaint resolution
process hearing conducted will be retained by the Santa Ana LWIA. The purpose of
a record is to serve as substantiation of the process followed by the Santa Ana LWIA
on the resolution of the issues and the results. This information would then be
available for subsequent review in the event the matter is raised with the State. Such
records must be retained for a three-year period after the grant has been officially
closed out.
The Santa Ana LWIA's written decision will be included in the record. Evidence
received at the hearing, notes by the hearing officer, stenographer's notes and tape
recordings may also be used.
E. Establishment of Complaint Procedures
In accordance with Section 667.600, each employing agency including private-for-
profit employers of participants under the Act is required to establish a complaint
procedure for resolving matters relating to the terms and conditions of employment.
Employers may operate their own grievance system or may utilize the Santa Ana
LWIA's established procedures under Section 667.600. At a minimum these
procedures must include:
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
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A. Form and Filing of Complaint.
1. 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
3. 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.
1. Request for Hearing at the State Level
If no decision has been issued at the LWIA level or the State has determined
an audit disallowance or imposed sanctions, the complainant may request a
hearing. The hearing officer will then issue a recommended decision to the
State's Review Panel for final determination.
2. Filing for Request for Review
The request for a State hearing shall be filed within ten (10) days after LWIA
should have issued a decision or ten (10) days after the issuance of the audit
disallowance or sanction. The request shall be filed directly with the Chief of
the WID in writing and should include the following:
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.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a
designated hearing officer will be scheduled.
14
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his/her position, to present
oral and/or written arguments, to examine records and documents relevant to the
issuers), 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
PROCEDURES FOR HANDLING NON-CRIMINAL COMPLAINTS
No later thall 180
days of alleged
discriminatIOn
Within 10 days of
receipt of
unsatisfactOlY
decision or 10 days
ji-om date LWIA
decision should have
been issued
Handling of complaints filed at L WIA level arising in
connection with ',IlIA programs operated by L \VIAs
.
.
.
.
Informal Resolution Process
.
.
.
.
Filing of Complaint / Request for Hearing
c..,
a
b
~
'"
a
b
~
Notice of Hearing issued by L WIA
Hearing Conducted
L WlA Decision within 60 days
.
.
.
.
Unsatisfactory Decision or L Vv'1A Decision not
issued within 60 davs
.
.
.
.
Request for State Review I
Governor's Decision issued by State Review
Panel
c..,
a
o
'"
'<
Co
.
.
.
.
If no decision issued bv State Review Panel
.
.
.
.
Appeal 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
VI. Procedures for Handling Handicap Complaints by Participants
Complaints alleging discrimination on the basis of handicap will be filed and processed
under the Department of Labor regulations implementing Section 504 of the Rehabilitation
Act of 1973 at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWIA's informal resolution
procedures before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file
his/her complaint.
A. Procedures at the LWIA Level
1. The complainant shall file his/her complaint dir,ectly 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
1. The complainant may appeal to the State if he/she is not satisfied with the
decision of the Santa Ana LWIA.
2. The Complainant must file his/her appeal as a request for review directly with
the Chief WI D 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
PROCEDURES FOR HANDLING HANDICAP COMPLAINTS
No later than 180
days of alleged
discrimination
Filed within 30
days of
L WIAIState
Decision or 90
days from date of
initial filing of
complaints
Filing of complaint on the basis
Of Handicap with LVlIA
Informal Resolution
.
.
.
.
If no resolution reached
.
.
.
.
Request for Hearing -I
Notice of Hearing l
Hearing Conducted l
L WlA Decision ,
.
.
.
.
UnsatisfactorY Decision or No Decision
.
.
.
.
State Review \
Governor's Decision ,
\
Appeal to Assistant Secretary
Department of Labor
Day 1
Day/45 Day
60 Days
GLOSSARY OF WIA TERMS
AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination
on the basis of age by any program or activity receiving Federal funds.
APPLICANT _ An individual who applies to a subrecipient or contract for services provided under
WIA a nd 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
INT AKE _ Includes screening to determine eligibility; to select from eligible applicants those
individuals who are most in need and can benefit from program services; to complete procedural
requirements necessary to enroll an individual into the program and to refer those not enrolled to
other programs.
JOINT COMPLAINT _ A complaint of employment discrimination covered by Title VII or the Equal
Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC
unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in
employment and other practices and pattern or practice "joint complaints" are normally investigated
by OCR.
JURISDICTION _ Authority to investigate and resolve complaints against an institution subject to a
law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc.
PARTICIPANT _ Any applicant who has: (1) Been determined eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post-termination
services) funded under the Act, following intake, except for an individual who receives only
outreach and/or intake and assessment services.
19
Exhibit 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.
2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions,
3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more that $100,000 for
each such failure.
~
Grantee/Contractor Organization
Tad~ ~J~
Program Title
$~~ e. S,w~
Name of Certifying Official Signature
Certification Regarding
Debannent, Suspension, ]neligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment
and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26,1988 Federal Register (pages ]9160-19211),
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION
- Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this
proposal, that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency.
(2) Where the prospective recipient offederal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to
this proposal.
.;/) . ..if / . ,.;; ,j \ "-7), /:...
,_.\,;.~,:Y(jI{''"'1.'fL l~."--' ">t-JF/~V~' / /'~;-?~..r~L..-.;.vo.J /_:' ///-:Ce.J..Q-~
Name and TItle of Authonzed Representfl~\ve
)
,..-;--c/ft;:;~~{,.(;A;""
.""::~'!"" >
~, i..-!.-V'jJ'i',--
~(/!.'!3-... (y;;r-
Date
Signature
Exhibit E
Certification Reqardinq Druq-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is
placed by the U.S. Department of Housing and Urban Development in awarding the
grant. If it is later determined that the contractor knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace
Act, the U.S. Department of Housing and Urban Development, in addition to any
other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
CERTIFICA TlON
A. The contractor certifies that it will provide a drug-free workplace by:
(al 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;
(bl Establishing a drug-free awareness program to inform employees
about -
(1) The dangers of drug abuse in the workplace;
(21 The contractor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(41 The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a)
that, as a condition of employment under the contract, the employee
will-
(1) 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 a drug-free
workplace through implementation of paragraphs (a), (bl, (cl, (dl, (e)
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,
Dated:
7~;'5-tJ?
~
/
Program Operator
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE
REQUIREMENTS
Name of Contractor:
OWM-OllIJ.- $,uiftt..
TaU..ar Stu-.
VOb~
Name:
Contractor Number:
Date:
7~~5-~
The Contractor shall insert in the space provided below the site(s) expected to be
used for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each
site):
got N <;3ro~, ~ ~ OA- tf~7o(
3(0 /1). Po/~s~ 8~.~ OA- 9~1tJ(
Exhibit F
BUDGET FORM
Match/In
Administrative Prooram Total WIA Kind
Personnel Exnenses
, Salaries' $121,759 $87,470 $34,289
-
Benefits - $32,5 I 6 $0 $32,5 I 6
Other - Student Aoorentices' - $60,360 $60,360 $0
, Total Personnel - , $214,635 $147,830 $66,805
Opera tine Expenses
Rent or user fee - - - -
Utilities - - - -
TeleconmlUnications - - - -
Parking fees - - - -
Security - - - -
Maintenance - - - -
Insurance - - - -
Eauioment - - - -
Rental fees - - - -
I Purchase
, - - - -
Vehicle lease charges
(vehicles may not be
purchased) - - - -
Office expenses
( consumables) - - - -
Accounting Services - - - -
Legal services - - - -
Auditing services - - - -
Indirect costs - - -
Staff training - - - -
Staff travel/mileage - - - -
Customer Training - $13,500 $0 $13,500
Supoort services - - - -
profit (for profits only) - - - -
Other - Uniforms - $3,600 $0 $3,600
, Total Operating Expenses - $17,100 - $17,100
GRAND TOTAL $0 $231,735 $147,830 $83,905
. See Budget Narrative - separate sheet following detailing these costs
Attachment C
BUDGET NARRATIVE
Proposal Budget
Personnel Expenses
Staff Salaries
Shawna Smith, Program Director (.25)
Dan Suarez, Construction Training Coordinator (.50)
Keavin Milburn, CareerTech Director (.25)
Zubin Khambatta, Technology Instructor (.50)
Youth Stipends
18 youth @$7.00/hour(445 hours average) + FICA (1.0765)
Total Personnel;
Operating Expenses
Customer Training
Includes project materials, tool belt, hand tools, safety gear,
book and workbook - 20 youth @ $675 ea.
Other - Uniforms
Includes 2 shirts, 2 pants and work boots (construction only)
Total Operating:
TOTAL EXPENSES;
Request
$13,701
$33,428
$19,533
$20,808
$60,360
$147,830
In-Kind
In-Kind
$0
$147,830
Exhibit G
Assurances & Certifications
Selected providers will be required to sign and submit "acmal" assurances and certificates as
required by the City of Santa Ana and the Workforce Investment Board on all contracts.
I recognize that I must give assurances for each item below. IfI cannot, this proposal will be
automatically rejected. Please initial each box.
~
~
~
~
~
I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this
agency or business to submit this proposal.
We are not currently on any Federal, State of California, or local Debarment list.
We will provide records to show that we are fiscally solvent, if needed.
We have, or will have, all of the fiscal control and accounting procedures needed to ensure that "VIA funds
will be used as required by law and contract.
We have additional funding sources and will not be dependent on WIA funds alone.
~ meet the applicable Federal, State, and local compliance requirements. These include, but are not
limited to:
~Records accurately reflect actual performance.
~Maintain record confidentiality, as required.
~Reporting financial, participant, and performance data, as required.
~Comply with State and Federal fiscal and program activity audits.
~Complying with Federal and State non-discrimination provisions.
~Meeting requirements of Section 504 of the Rehabilitation Act of 1973.
~Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey)
~Meeting all applicable labor law, including Child Labor Law standards.
~Agree to provide a drug free workplace.
~Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability ~
Coverage in the amount of$I,OOO,OOO.OO policy.
~Agree to provide all participants with Grievance Procedures.
~Agree to insure proposer's employees through Workers Compensation Insurance
(including part-time employees)
We will not:
~Place a youth in a position that will displace a current employee.
~Use WIA money to assist, promote, or deter union organizing.
[2JUse funds to employ or train 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.
~Use WIA funds for activities that would interfere with or replace regular academic requirements for
eligible youth who are not dropouts.
~Use WIA funds to carry out programs funded under the School-to-Work Opportunities Act of 1994
unless the program(s) are only for youth eligible to participate under WIA.
J hereby assure that all of the above are true.
,
I
"
'_L J.,",: L?;,.J/cC
.,
('J'
,
i
Program Director
7/25/2005
., i
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Name
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FROM.: TALLER ~N TECH
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F~X NO. :71456ge941
Sep. e9 20eS 09:42PM P2
ADDITIONAL INSURE.D ENDORSE.MENT
Insurance Company:
6meril:an Unltv GrauD. Ltd.
This endorsement modifies such Insurance as Is afforded by the provisions of Policy
# UNI-CGL-05-01-020 11-14601..00-051 relating to the following:
1. Tl'le City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92702; its officers. employees. agents and volunteers are named as additional insureds
("additional Insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on bel'lalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named Insured, such Insurance as \s afforded by this policy Is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional Insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organl~tion as an insured shall not affect any right which
such person or organl~tion would have as a claimant If not so Included.
4. With respect to the additional Insureds, this Insurance shall not be
canceled, or materially reduced in coverege or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92702.
(Completion of the following, Including countersignature. is required to make this
endorsement effective.)
Effective
polley #
Issued to
06/30105 to 06l3010~, this endorsement form as a part of
YN1-CGL-OS-01-020 11-14601:00-051
51. J089Dh Health SY!ltem
Named Insured
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