HomeMy WebLinkAboutCHRISTIAN LATINO ASSOCIATION OF MUSIC AND ARTS 2U /~ va
City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
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A-2007-199
Contract No.
AGREEMENT UNDER THE WORKFORCE INVESTMENT AeT
THIS AGREEMENT, made and entered into this 20th day of August, 2007 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 Christian Latino Association
of Music and Arts ("CONTRACTOR").
W-I- T -N-E-S-S-E- T-H
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under
the Workforce Investment Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the L WIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a L WIA, 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:
I.
CONTRACTOR'S OBLIGATIONS
Page 1 of 14
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 CFR
S667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under
the Act and the procedures for resolution of any complaints. CITY's procedures for handling
complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall
be followed and any decision of CITY, the State or the federal government relating to the complaint
shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall
operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to
the terms and conditions of employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of
1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of
1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities
Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing
those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California
and CITY have the right to seek judicial enforcement of this assurance.
H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
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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 eONTRACTOR are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at the location where CONTRACTOR
conducted the program, as well as in the County of Orange, for the duration of this Agreement and
thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints,
claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b)
costs and expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the three (3) years until resolution of disposition
of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
Government or their representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on
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CITY's InvoiceN 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 sub grant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000
East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month
following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail
to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving
CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY
excess revenues over costs or use such excess revenues as program income by utilizing such program
income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A-
133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days
after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these
requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend
additional grant funds.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-I02 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal
statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part
97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to
performing any of its obligations under this Agreement and prior to any obligation arising on the part
of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
Q. CONTRACTOR agrees to provide a drug-free work place and to execute a
certification as set forth in "Exhibit 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
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not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed ninety eight thousand two hundred
fifty three dollars ($98,253) 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 July 1, 2007 and all duties arising under this
Agreement shall have been performed by June 30, 2008 . The term of this Agreement may be
extended by a writing executed by the Executive Director of the Community Development Agency and
the City Attorney.
IV.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee 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.
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V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRAeTOR 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 acknowledges and confirms that the U.S. Department
of Labor has established three (3) core performance measures for youths ages 14-18 and four (4) for
core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has
imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S.
Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any
additional performance measures that may be subsequently required by the Workforce Investment Act
or by any other Federal, State, and local law.
2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of
1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race,
color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this Agreement.
3. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
4. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
5. 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.
6. 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
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such program because ofrace, creed, color, national origin, sex, political affiliation or beliefs.
7. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
8. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
9. 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. "
10. 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 ofthe population that needs services or
information in a language other than English.
11. 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 ofthe United States Government and/or CITY. Upon termination of this Agreement,
CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
12. 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.
13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
14. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
and the DOL and its representative on these matters, the DOL shall determine whether to seek
protection on the invention or discovery. The DOL and its representative shall determine how the
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rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
and administered in order to protect the public interest consistent with the "Governmental Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty-free, nonexclusive
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, sub grantee 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.
15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]; Section 508 ofthe 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:
(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 EP A about any known violation of the above laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that
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could have enabled such individuals to impact policy regarding or implementation of programs
covered by this Agreement, will not be assigned to any part or phase of the activities conducted
pursuant to this Agreement for a period of not less than two years following the termination of such
employment.
3. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involving Close personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a
permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
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
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1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
endorsed to provide to CITY and to the State of California, Employment Development Department, at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
and volunteers, and the State of California, its officers, employees, and volunteers as additional
insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Governmental entities may substitute a certificate of self-insurance.
2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants,
or agents as self-certification of automobile insurance coverage. Governmental entities may substitute
a certificate of self-insurance.
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
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. CONTRAeTOR 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.
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X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The 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 wntmg,
between the parties hereto with respect to the employment of CONTRAeTOR 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.
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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.
TERMINA TION
This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH - SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
Page 12 of 14
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
P.O. Box 1988 (M-73)
Santa Ana, CA 92702
and,
CLERK:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR:
Christian Latino Association of Music and Arts
14023 Whiterock Drive
La Mirada, CA 90638
(562) 943-7121
Telefacsimile (562) 943-7606
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
Page 13 of 14
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above- wri tten.
ATTEST:
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
-&~~.
t.y Patri,'ia E. HJaly
~ Clerk of the Council
B~~tw4f~
" _ David N. Re
City Manager
APPROVED AS TO FORM:
"CONTRACTOR"
~~
BY"'.,,-..
N~e: ,'~y guih--
Title: . ent
Tax ID #: 770467012
RECOMMEND FOR APPROVAL:
'1LUI~ tMu&LUh
tf$1ephen G. arding
Deputy City Manager for Development Services
Page 14 of 14
Exhibit A
PROPOSAL NARRATIVE
Please answer each question as concisely as possible
About the Program
Executive Summary
Which WIA population will the program recruit and serve?
Youth ages 14-21
In School Participants (Younger Youth, 14-18 years): 10
Out of School Participants (Older Youth, 19-21years): 15
Indicate how many participants to be served.
25- Youth residing in the City of Santa Ana.
Describe how this program fits in with programs currently being offered by your
agency.
The focus of the Santa Ana WIB and Youth Council is to "enable youth, particularly
those most in need, to acquire the necessary skills to successfully transition into and
compete in the labor force and to further their education and training".
CLAMAf Project RYTMO's mission statement includes the enabling of youth
through educational and vocational methods utilizing music and the arts.
Project RYTMO will expose youth who demonstrate artistic potential, to a positive
professional environment where they can develop and be exposed to:
· Occupational skills in music technology.
· Adult mentoring with knowledgeable volunteer mentors who have backgrounds
in the music industry.
· Valuable Work Experience/Job Shadowing/Internships in music technology-
related fields.
· Leadership Development: Participants who demonstrate leadership qualities are
encouraged to further develop their potential through a weekly leadership
development curriculum.
· Life-enriching skills such as goal setting, project planning, group interaction, and
disciplined behavior that will help prepare our participants for a future career in
the music industry or related technical careers.
· Tutoring: This new service to youth will utilize existing RYTMO curriculum
with other useful instructional tools to help participants who require special
tutoring support for school assignments, improving reading/math skills,
completion of GED/High School diploma, and other related performance goal
attainment as required through the Santa Ana WIB.
Indicate which of the 10 WIA elements the program will offer.
· Tutoring: study skills training and instruction, leading to completion of secondary
School, including dropout prevention strategies.
· Paid and Unpaid Work Experience, including internships and job shadowing.
· Occupational Skills Training (mandatory 8-weeks minimum).
· Leadership development, which includes community service and peer-centered
activities encouraging responsibility and other positive social behaviors during non-
school hours, as appropriate.
· Adult Mentoring for the period of participation and a subsequent period, for a
total of at least 12 months.
· Supportive Services (e.g. tools, books, clothing, bus passes, etc.)
· Follow-up services for minimum of 12-months after the completion of
participation as appropriate.
Indicate planned outcomes.
Program outcomes are as follows:
In School Younger Youth / Out of School Younger Youth ages 14-18:
1. 84.5% of participating in-school youth will attain a basic skill and, as
appropriate, work readiness or occupational skill.
2. 67% of participating in-school youth will attain a high school diploma or GED
3. 69.7% of participating in-school youth will receive placement and retention in
postsecondary education, advance training, military service, employment, or
qualified apprenticeships.
4. Customer Satisfaction Rate of at least 70%.
In School Older Youth / Out of School Older Youth ages 19-21:
1. 72.4% of participating out of school youth will gain entry into unsubsidized
employment.
2. 78.4% of participating out of school youth will achieve retention in unsubsidized
employment six months after entry into the employment; and
3. 39% of participating out of school youth will attain a recognized credential
relating to achievement of educational skills, which may include attainment of a high
school diploma or GED, or occupational skills, by participants who enter
unsubsidized employment.
4. Report an earnings gain of $3622 for appropriate participants.
5. Customer Satisfaction Rate of at least 70%
Describe the basic program approach (workshop/classroom/in the community).
The basic program approach for Project RYTMO includes 8-weeks of introductory,
intermediate, and advanced classroom training in a state of the art recording facility
located in Anaheim (Love & Laughter Recording Studios). The approach is "hands-on"
and is completed in a workshop setting using the studio facility. As the training
progresses, some Saturday labs may be necessary. Saturday training is used for
application of music technology software programs, digital recording techniques, and
group projects. Participants are assigned a variety of creative tasks and deadlines to
complete both individual and group projects.
Participants are challenged with advanced skills occupational training, leadership
development opportunities, and peer volunteer work experience in the program.
Incentives include free studio recording hours, access to music industry work experience
opportunities and internships, and exposure to entrepreneurships that can lead to paid
working opportunities in their respective fields of training and interests.
Since the program design is based on musical and artistic expression, participants are
encouraged to become involved in a number of community-based activities including
work experience at RYTMO Satellite music technology classes, community concerts
and performances within Orange County, recruitment presentations to youth at local
high schools, community sponsored events, etc.
Describe how you will conduct outreach and recruitment. Include how
enrollment goals will be met by the second quarter of the contract.
Outreach and recruitment is a vital part of maintaining enrollment of new participants in
the program. Project RYTMO will become actively involved by:
.
Establishing communication leading to partnerships and/or co-enrollments with local
youth agencies and other Youth Council Providers for qualified youth who are
residents of Santa Ana. Such efforts will be made primarily during the months of
July through December. 2007. This will ensure that enrollment goals are met by the
second quarter of the contract.
.
Maintain consistent communication with youth agencies and programs that service
Santa Ana youth regarding enrollment deadlines. These include monthly and
quarterly emails, flyers and notifications sent out to agencies such as Probation,
Dept of Recreation, Middle Schools, High Schools, eontinuation Schools, Colleges,
Youth Council agencies, etc.
· Project RYTMO will make a positive connection with a young person from initial
recruitment. This includes engaging youth who can talk positively about programs
as peer advocates and recruiters; collaborating with community and faith-based
organizations that already work with disadvantaged youth, especially out-of-school
youth. foster youth and emancipated and disabled youth; and offering staff and
youth incentives such as studio recording time in exchange for recruiting new
participants. Outreach and recruitment strategies will also tap into youth culture,
such as creating music!beats for public service announcements on local radio stations
and public television programming that appeal to youth.
· A youth development approach recognizes that the youth who participate in WIA
youth services have diverse backgrounds and experiences and different types of
developmental needs. Our recruitment strategies include a flexible schedule that is
adaptable to the needs of the participants. By allowing for Saturday lab hours and
studio recording time, participants are encouraged to maintain school activities,
working hours or other program-related activities.
· Peer RecruitmentlPerformances: allow current or advanced participants to attract
potential new students via community and school presentations, concerts,
performances, music production planning activities, etc. These create positive peer
interaction, all of which contribute to enrollment and retention potential.
· Project RYTMO has also coordinated activities that are co-located or connected to
community centers and Performing Arts centers such as the Childrens
Therapeutic Arts Center, Kidworks, Heritage Forum in Anaheim, and others. In
additio~ a list of digital recording facilities and businesses that offer a range of
recreational, learning, and cultural activities have been established to further provide
attractive enrollment activities involving current and graduate participants. These
activities help for making a successful and attractive program and engaging young
people, especially out-of-school youth.
Describe collaborations/partnerships that will assist in recruitment.
Project RYTMO has formed strategic collaborations/partnerships through:
· Co-enrollments with other WIB funded agencies that are part of the Youth Service
Providers Network (YSPN) for qualified youth in Santa Ana, including Taller San
Jose, La Familia, Childrens Therapeutic Arts Center, OC Dept of Education, and
several others.
· Providing consistent communication with other Orange County youth agencies and
programs who service youth in Santa Ana, and Orange County, such as Probation,
Santa Ana College, Dept of Recreation, Department of Education, Santa Ana School
District, Continuation School Programs, etc.
· Project RYTMO has established two key strategic partnerships with the
Children's Therapeutic Arts Center, and KidworkslDonahue Center. These
agencies will host RYTMO Satellite sites for youth who are residents of Santa Ana,
and who are unable to attend classes at the Anaheim studio facility. Both agencies
will also collaborate in strategic outreach and recruitment activities throughout the
year.
Describe how adequate staffmg will be maintained to ensure success of this
pro~ram.
Project RYTMO staff is comprised of music professionals and others who have
experience in the field and have a desire to work with youth in the areas of music,
education and technology.
Adequate staffmg will be maintained through:
.
Proper recruitment and selection techniques: Effective recruitment techniques
include target advertising, screening applications for minimum qualifications based
on pre-determined job specifics. Selection techniques include either test assessment
and/or structured interviews including mandatory background checks for all final
candidates
Staff Training & Development: Staff training involves Quarterly support to program
staff on key issues related to WIB requirements and youth services. Scheduled
performance evaluations and defmed goals will be determined as defmed by
WIB/DOL requirements and the CLAMAIProject RYTMO policies and
procedures. In addition, the use of IP AT (Institute for Personality Assessment and
Testing) is an online test that measures employee vocational strengths and
weaknesses. This assessment tool will be used in targeting vocational aptitudes and
goal setting in the career development of our staff.
.
Main Purpose of Program
Indicate what will the program accomplish and how it fits in with WIA ~oals.
Project RYTMO will expose at-risk youth who demonstrate artistic potential, to a
positive professional environment where they can explore and develop a variety of
occupational skills and adult mentoring in music technology. The skills developed by
students should be specifically useful for placement in the job market. Participants who
demonstrate leadership qualities are encouraged to further develop their potential
through weekly leadership development curriculum.
Since approximately 50% of our current student participant enrollment are
residents of Santa Ana. Project RYTMO will also provide services and referrals to
WIA-related partners located in Santa Ana, including partnerships with the Santa Ana
Youth Council agencies and W/O/R!K Center. Participants will also receive access to
potential work experience. iob shadowing. and valuable paid/unpaid internships. Classes
are hands-on and include the study of topics like: Digital Recording Production
Techniques & Software, Live Audio/Lighting Technology, Commercial Songwriting, The
Business of Music, Hip-Hop & Urban Beats, Sound and Vocal Exploration, Film and
Television Technology,
Video Game Technology, and Artist Peiformance Skills.
At the same time, Project RYTMO is committed to teaching life-enriching skills such
as goal setting, project planning, group interaction, and disciplined behavior that will
help prepare our participants for a future career in the music industry or related
technical careers.
Instructors and mentors are made up of highly regarded minority leaders within the
community who have experience working with youth in an educational setting and have
powerful professional stories that connect with our youth of today. These serve to not
only inspire them, but more importantly, expose and equip youth for the job market,
including higher educational opportunities to further enhance their lives, family and
communities. All such goals and objectives are clearly in line with the current mission
and purpose of the Santa Ana WIB requirements for servicing youth.
What is the length of the proeram. i.e.. how much timewill a youth need to be in
this program to get the full benefits of each component offered?
Programming duration/schedules are structured to allow beginning students with an
introductory 2-hour class, once per week (Tuesdays 4-6pm) over an 8-week period.
Upon completion, students are given certificates of completion and allowed to continue
development of other specialized intermediate and advanced occupational and
leadership skills. These classes are held on Thursdays, 4-6pm.
Following the first 8-week introductory course, students are also assigned an adult
mentor for a period of 12 months.
In addition, Saturday Labs (IOam-12noon) were created for continuing students who
need additional time for special projects, recording, songwriting and/or academic
advancement.
The basic program design was created to provide participants with a reasonable time
period to maintain interest, complete required goals and group assignments, receive
needed services, track performance goals, and maintain retention rate.
How often will the WIA participant need to attend the program and how often are
specific activities offered (daily/weekly/monthly)?
Weekly: Occupational training (Mandatory): 8-weeks- Tuesday/Thursday, 4-6pm, and
Saturday, 10am-12noon, as necessary.
Weekly: Adult Mentoring. Leadership Development Soft Skills: Thursday,4-6pm,
and Saturday, 10am-I2noon.
Weekly: Work Experience, as needed or required from company, employer, internship
requirements, etc.
Weekly: Tutoring for basic skills deficient students: Tuesdays/Thursdays 3-4pm
(before each RYTMO class)
What is the frequency of staff interaction with WIA participant? Will other non-
WIA agency staff be providing elements of the program? If so. please describe.
Staff and adult volunteers maintain a weekly interaction with the participant(s)
during class session hours/times.
Case managers maintain a minimum I-hour per week per participant for case
management. Additional time is allowed for participants requiring more urgent or
special services.
Mentors maintain weekly interaction with participant for at least one hour per week
per participant over a I2-month period. Mentors usually meet with no more than 2-3
mentees per week.
Goals / Objectives and Performance Levels
How will service(s) be deemed necessary? List tool(s) to be used for assessment
of participant's basic skill levels. Describe pre and post testing, primary and
secondary goal determination.
According to the National Association for Music Education, music and arts programs
help our youth and communities in real and substantial ways. A recent study
conducted by the City of Huntington Park, CA, found that middle school Hispanics
who had a positive artistic and/or musical outlet in their communities were less likely to
be involved in destructive expressions, such as tagging and graffiti. Project RYTMO
has based its program upon the following four categories of success:
· Success in society: students who participated in band or orchestra reported the
lowest lifetime and current use of all substances (alcohol, tobacco, illicit drugs)-
Texas Commission on Drug and Alcohol Abuse Report, Houston Chronicle,
January, 1998.
· Success in school: Data from the National Education Longitudinal Study of 1998
showed that music participants received more academic honors and awards than
non-music students, and that the percentage of music participants receiving A's,
A's!B's and B's, was higher than the percentage of non-participants receiving those
grades. (NELS:88 First Follow up, 1990, National Center for Education Statistics,
Washington, DC)
· Success in developing intelligence: The U.S. Department of Education lists the Arts
as "contributing significantly to children's intellectual development. "
A study conducted by Dr. Timothy Krings, pianists and non-musicians of the same
age and sex were required to perform complex sequences of fmger movements. The
non-musicians were able to make the movements as correctly as the pianist, but less
activity was detected in the pianist's brain. Thus, compared to non-musicians, the
brains of pianists are more efficient at making skilled movements. These findings
show that musical training can enhance brain function - (Weinberger, Norm. "The
Impact of Arts on Learning")
· Success in life: According to a study conducted by the Baylor College of Music,
studying music encourages self-discipline and diligence, traits that carry over into
intellectual pursuits and to effective study and work habits. An association of music
and math has, in fact, long been noted.
"Music is one way for young people to connect with themselves, but it is also a bridge
for connecting with others". (Daniel A. Carp, Eastman Kodak Company Chairman and
CEO)
By providing creative music and arts curriculum that is relevant to youth, Project
RYTMO is taking an innovative and cutting-edge approach to educational methods of
instruction: Occupational training is taught in a state-of the art digital recording
facility and technology-oriented learning environment; Mentoring is provided to
participants from highly regarded minority music industry professionals, who are
inspirational and motivational to youth; Leadership Development is provided for
youth who demonstrate exceptional talent in entrepreneurship, business skills, and
other leadership qualities;
Work Experience and Internships are provided to students in a "real world" work
setting for the music technology industry, allowing them to receive valuable tools for
education and job placement, but also to enhance their potential future professional
careers in music and arts.
Tools for Assessment include:
· T ABE test for numeric and literacy performance standards. Tills is a required
testing for numeric and literacy skill level assessment under the Santa Ana WIB.
Each student enrolled into the program is required to take the test prior to being
accepted into the program. They will also be required to take the test prior to
exiting from the program
· Individual Service Plan (ISP): an assessment tool that will be used to set
individual program and skill development goals.
· Pre-test/Post- Test is administered to students to determine competency and
knowledge of the given subject matter. A comprehensive "post-test" is
administered to students at the end of the 8-week program. The result provides
a simple and effective method of evaluating progress, knowledge retention and
general overall progress.
· Case Management: At the time of enrollment, each participant is assigned a case
manager who will help determine and assess progress of each student. ease
Managers document all performance goals and progress on a weekly basis.
· Individual ereative Plan.. monitored by the adult mentoring aspect of the
program. Specific artistic goals and timelines are determined and monitored in
conjunction with the case manager.
Project RYTMO will use all appropriate WIA MIS documents and assessment tools to
record and track performance standards for all primary and secondary goals for each
student. These will be documented by the case manager and entered into the individual
case file, as well as into the V OS tracking system required by the Santa Ana WIB.
How will services aid in meeting the WIA performance goals?
Progress toward meeting WIA performance goals are tracked through case management
or follow-up services when the goal attainment occurs during the exit quarter. Since
participant records are subject to audits, the program ensures that staff receives training
on how to document individual skill acillevement and goal attainment.
These services provided meet the required WIA performance goals. Tills is because
Project RYTMO is a unique and innovative approach to meeting WIA performance
Describe how you will monitor program activity and manage for performance.
Project RYTMO has incorporated the following methods for monitoring program
activity and performance:
· Attendance Sign In/Out Sheets: help monitor retention rate and overall interest
of subject matter for each class.
· Case management: is essential to the program's success and managing of
performance goals for each participant in the program. From initial enrollment,
participants are evaluated and assigned specific goals to reach for any given class
period.
· One to one adult mentoring (12-months): Students are matched with an
appropriate mentor who will assist the case manager with monitoring goals and
activities related to the program. They will maintain weekly meetings and
provide weekly written evaluation of the progress/performance of each mentee.
· Adult Volunteers: provide additional support and assistance to participants.
These may be in the form of adult volunteers who serve as tutors for basic skills
deficient students, to monitor program activity or as peer volunteers/leaders
who develop valuable relationships with youth participants.
Describe how applicant plans to deliver academic assistance to raise the skill
level of youth who are basic skills deficient.
As mentioned earlier, Project RYTMO has incorporated a new service to youth for
2007-2008.
· One-on-one tutoring services to youth who are basic skills deficient, will allow
participants to receive academic assistance I-hour prior to each scheduled class
per week. Since the purpose of Project RYTMO is to incorporate music and
arts in all areas of academic development, our curriculum will include numeric
assistance through instruction of music theory, and literacy skills by
incorporating certain reading/writing assignments based on musical literature.
One example might be reading 18th century composer Beethoven's journal about
his outlook on music, life and his physical disability (he was deaf), and asking
students to write a paragraph about how his remarks relate to their own life or
current conditions.
· Support through Youth Council Agencies: will enhance such services like T ABE
post-test preparation, after school tutoring, college entry exams, work
placement, and other educational services that are not provided by our program.
Will the participant receive a certificate of completion or accomplishment for
participation? Will the certificate count for WIA credential attainment rate?
At the end of each 8-week class, participants are awarded a eertificate of eompletion or
Achievement. R YTMO is currently in the process of collaborating with the OC
Department of Education to allow participants to count for WIA credential attainment.
How will continuous improvement be measured and conducted?
Measurable Objectives:
Project R YTMO has established several methods for measuring the objectives and
improvement of each student as well as program outcomes.
After being accepted into the program, every student is assigned a case manager. The
case manager will work with the student to develop an Individual Service Plan aSP) -
an assessment tool that will be used to set individual program and skill development
goals. The ISP is used to evaluate the student's progress for the duration of the
program and must be updated weekly. Students who demonstrate poor academic skill
levels such as those who are numeric or literacy deficient, are referred to local youth
agencies, who can provide tutoring and other services. Prior to the development of the
ISP, a written "pre-test" is administered to students to determine competency and
knowledge of the given subject matter. A comprehensive "post-test" is administered to
students at the end of each 12-week program. The result provides a simple and
effective method of evaluating progress, knowledge retention and general overall
improvement.
If students demonstrate difficulty with a particular subject or skill, Case Managers can
advise instructors/mentors on how to best service the participants, or how to overcome
educational, personal and job-related barriers.
In addition, participants are monitored via an Individual Creative Plan (ICP), which is
designed to monitor individual artistic development and improvement, assessments and
goal-setting. This is key in preparing them for future opportunities in the ever-growing
careers related to music technology.
Community Youth AgencieslEvaluation: Project RYTMO maintains strong
relationships, communication and partnerships with local community agencies that
service youth in Orange County. Those programs are specifically designed to provide
work opportunities, such as WIA programs, which form part of the Santa Ana Youth
eouncil and W/O/RIK Center. These agencies implement their own methods of
evaluation for measuring progress of their referrals to our program. This allows for
objective and outside evaluation of program objectives.
With WIA's focus on a holistic youth development approach, Project RYTMO measures
the support and leadership activities necessary to help young people grow into healthy
adults and successfully transition to careers and lifelong learning.
Case managers track outcomes, such as improved grades and reduction in truancy.
However, there are other qualities, such as developing a positive sense of self that are
measured simply by student participation in activities such as: forming/collaborating in
community efforts, music programs and performances, one or more hours per week, or,
providing two or more hours of peer volunteering for new students entering the
program, per week. Students who demonstrate improvement and involvement are
rewarded with incentives like free studio recording hours, or special jobs and projects
that are related to their areas of artistic interest and that build a healthy sense of
accomplishment and self-esteem.
The WIA skill attainment rate looks at goals attained compared to goals set. On a local
program level, there are other aspects of this measure that would be useful to track.
Program managers can look at how many youth attained each type of goal (basic skills,
occupational skills or work readiness) as well as how much of a skill gain was achieved.
Examples include: the percentage of participants who participated in basic skills
activities, the percentage of participants who completed a basic skills activity, and the
percentage of basic skill learning participants who progress to the next level. \Vhile we
do not require reporting on the level of skill attainment achieved, this information is
important for program managers who want to determine the effectiveness of skill
training activities.
There are other types of process measures that are important for tracking progress and
assessing service delivery. These include measures such as: the number of youth who
participate in each program activity, the number of youth who complete one or more
program activities, and the number of youth who complete all youth activities in their
individual service strategy. Some performance measures can help Youth Councils and
Local Boards assess their progress in building youth development systems in their
communities. Examples include: successful referral to partner services, the number of
employers providing internships, and the number of partners with a commitment of
funds or in-kind contributions.
Program Description
Describe the overall services that will be made available to the WIA participant.
Occupational Training (Introductory level mandatory) is 8-weeks per each 2-hour
course level (Introductory. Intermediate. Advanced Levels) in music technology
software and digital recording techniques. Subjects include History of Music past and
present, music theory, copyright and publishing fundamentals, music business
essentials, and intense classes in music technology utilizing Reason and Pro Tools
software.
Adult Mentoring (mandatory) is a minimum of I2-months from date of enrollment
through the end of the program. Utilizing RYTMO's own mentoring curriculum,
students will learn about Character development. Leadership Development Academic
Success. and eareer Exploration.
Leadership Development (8-weeks), for students who have been identified as
potential leaders. As part of the mentoring curriculum, these students will undergo
specific classes that will assist their leadership skills and growth. Many of these
potential leaders will also be required to assist or provide peer support to other
beginning participants in the program.
Work Experience/internships (paid and unpaid, are ongoing). Here, students who
have successfully completed intermediate or advanced levels of occupational training
will receive support in job and internship exploration for potential opportunities related
to the music technology fields. Additional support through resume writing, proper
interview strategies, and verbal communication skills are also explored and monitored
through case management.
Tutoring: This is a new component to be added to the RYTMO roster of services for
2007-2008. The tutoring will enable students who are basic skills deficient to receive
numeric/literacy support. The schedule will revolve around the school year, or as
appropriate for students who are working towards earning their GED or high school
diploma, and who have low T ABE test scores, especially out of school older youth and
foster and disabled youth.
RYTMO will utilize key volunteers to provide tutoring I-hour before each level of
general class time. and will focus on students who need to increase reading and numeric
skill levels.
Describe how collaborations/partnerships will enhance program services and
outcomes.
Project RYTMO has established two strategic partnerships with the Children's
Therapeutic Arts Center, and KidworkslDonahue Center. Both locations are in
Santa Ana, and serve as RYTMO Satellite sites for youth who are residents of Santa
Ana and who are unable to attend classes at the Anaheim studio facility.
These collaborations benefit outcomes through:
· Partnerships for strategic outreach and recruitment activities throughout the year.
· Co-enrollments with other Santa Ana WIB funded agencies that form part of the
Youth Council for qualified youth in Santa Ana.
· Collaborative case management insures that participants who are co-enrolled receive
the necessary and specialized services, monitoring and follow-up required to meet
WIA performance goals.
· Wider selection of services to youth: since the needs and services vary for each
youth, collaborations and partnerships allow for programs and services that can be
tailored and adapted to their particular needs.
Describe how the participant flow will occur.
Include the following categories:
Outreach / Recruitment / Eligibility Determination
Intake / Assessment
Case Management
Program Services / Parent and Employer Involvement
Placement in Jobs or Continuing Education
Follow-up and Retention (Describe how you will continue to support youth during
the follow up period Discuss types of sources of support, services and frequency of
contact with youth).
Outreach / Recruitment / Eligibility Determination:
By partnering with the Santa Ana W/O/RIK eenter and Santa Ana Youth Council.
participants in the program will have access to work-readiness training, soft skills
training, and work-related opportunities and experience. A primary example of this
would be our partnership with the Santa Ana Youth Council. which has already
served as a "hub" for potential candidates for Project RYTMO.
If WIA appropriate, the Case Manager will begin the registration process by
collecting the appropriate documents according to the WIA Eligibility Technical
Assistance Guide (TAG), published by the Department of Labor. This is done in
order to support the youth's WIA application. For an applicant that is 14-21, a
Case Manager will verifY age by using one of the TAG approved documents. This
may include: Baptismal, Birth Certificate, Driver's License, U.S. Passport, School
Records, Permanent Resident Card or Alien Registration Card or an unexpired
Employment Authorization Document issued by the INS, which contains a
photograph. The TAG also suggests using verification document(s) that satisfy
List A or that satisfY List B and C of the 1-9 form. Once a Case Manager
determines that an applicant is no less than 14 and no more than 21, documentation
is collected to determine economic eligibility. Using the TAG, a Case Manager will
check to see if the applicant is low-income. Among the criteria for low-income are
eash Public Assistance, Family Income (total means of support for family for a
period of six months), Foster ehild, Homeless, or an Individual with a Disability.
The TAG outlines documents that are acceptable for WIA eligibility. In the case of
Family Income, documentation is provided for each applicable inclusive income
source received by the applicant and each family member for the six-month income
period immediately preceding the determination date. It is also necessary to verifY
family size when utilizing family income eligibility. Again, only TAG approved
documents are collected.
Intake / Assessment: Project RYTMO has established a method for assessing
each student and detennining appropriate services. After being accepted into the
program, every student is assigned a case manager. The case manager will work
with the student to develop an Individual Service Plan (ISP) - an assessment tool
that will be used to set individual program and skill development goals. The ISP is
used to evaluate the student's progress for the duration of the program and must be
updated weekly. Prior to the development of the ISP, a written "pre-test" is
administered to students to determine competency and knowledge of the given
subject matter. A comprehensive "post-test" is administered to students at the end
of the 8-week program. The result provides a simple and effective method of
evaluating progress, knowledge retention and general overall progress.
Case Management: Subscribing to a "holistic" approach, Project RYTMO staff
uses case management to erase the barriers to success that face our participants.
Holistic case management is working with all aspects of the participant: physical,
social, mental, and developmental. ease management, specifically, includes:
counseling, developing a career goal, tutoring, mentoring, and advocacy - anything
that assists the participant in achieving self-sufficiency. Project R YTMO staff uses
a variety of resources and referrals to aid in the case management process. It is truly
a team effort.
Case management is recorded through case notes, the Individual Service Plan (ISP),
and MIS paperwork. Case Managers determine enrollment dates based on the
eligibility approval date. Consequently, it is at that time that services begin.
Moreover, case managers also provide student/parent orientation, personal and
career assessment, as well as matching them with a compatible adult mentor.
Program Services / Parent Involvement: Project R.Y.T.M.O. encourages youth
to express their creativity through the vehicle of music. The design of the program
aims to empower, enlighten and promote self-sufficiency in scholastic achievement
and in a professional artistic environment. The program model is an 8-week course
including a total of 12-months of adult mentoring. During the 8-week occupational
training period, students will be exposed to WIA work -related agencies that form
part of the W/OIRJK Center, in addition to special activities, training, and resources.
These agencies will provide services for youth who meet their own program criteria,
creating a consistent interaction of mutual services to youth. Classes meet after
school, three times per week. The course is designed for low income at-
risk/adjudicated youth between the ages of 14-21, who demonstrate one or more of
the following characteristics: skill/background on a musical instrument;
compositionalllyrical and/or vocal ability; technicaVcomputer interest/ability; a high
demonstration of interest for music and/or experience in the field of music
technology; and willingness/desire to commit to the program schedule, guidelines,
and mentoring design.
Classes are held in a professional recording studio environment providing a creative
learning experience to students wishing to learn more about all aspects of
commercial music technology. All course curriculums adhere to the State of
California Board of Education Standards. Curriculum topics include: History of
Western Music, Roots of Jazz, Basic Music Theory, Commercial Songwriting,
Copyright/Publishing, and the Business of Music. Special emphasis is placed upon
instruction in music industry software programs, including Reason and ProTools.
Upon graduation, students will receive a Certificate of Completion, which will
enhance their work resumes, and allow students to participate in additional services
provided by Project RYTMO and the W/OIRIK Center. In addition, parents are
kept up to date on their youth's progress. They are also invited to celebrate their
youth's achievement and attend the graduation ceremony upon their youth's
completion of the program. Parents are also encouraged to attend special activities
and workshops such as alcohol, tobacco or drug prevention strategies for youth.
Placement in Jobs or Continuing Education: The program's approach is built
around four goals: 1) preparation for and success in employment or internships, 2)
improving higher educational achievement, 3) support for youth through one-on-one
mentoring, and 4) services to develop the potential of youth as citizens and leaders.
Project RYTMO staff consists of industry professionals who have direct
connections to potential employment.
Project RYTMO staffwill also link with the Santa Ana W/O!RIK Center's
resources to assist in placement. In addition, the Employment Development
Department will be used to guide participants from training to employment. Youth
that would like to explore postsecondary or continuing education will be linked to
an appropriate source, such as the community college system. Project RYTMO
staff will also assist any willing participant with completing any fmancial aide
paperwork.
Follow Up: After exit, follow-up services are provided to ensure the participant's
further progress toward long-term employment and self-sufficiency. Case
Managers will conduct follow-up at 30 and 60 days after exit, and then all relevant
quarters thereafter. Participants in the follow-up phase of the program may receive:
Leadership Development, Adult Mentoring, work related Peer Support Groups,
Financial Planning, Supportive Services (clothes, food coupons, bus passes, etc.),
Job Search Activities (follow-up participants are encouraged to come in and speak
with a case manager for placement), ResumelInterview support and advice.
Furthermore, it is strongly recommended that follow-up participants attend our
Workshops. At a Workshop, a participant may listen to a motivational speaker,
learn how to develop workplace social skills, or receive labor market information.
Project RYTMO staff may even have contact with a participant's employer to
resolve work related disputes. L~tly, a participant may also receive services in
securing a better job and/or guidance in additional education.
Facilities
State location where proi:ram services will be delivered.
Services will be delivered at:
Love & Laughter Recording Studios,
1007 E. North St. Anaheim, CA.,
How will participant access site if not within City of Santa Ana boundaries?
If students are unable to find individual transportation to the recording studio facility in
Anaheim, they may request bus passes as an alternate means of access to the site.
More recently, the Children's Therapeutic Art's Center and Kidworks, which are
located in Santa Ana, have partnered with Project RYTMO to provide satellite
programs in music technology for youth who are unable to attend the Anaheim site.
Both locations are easily accessible by public transportation.
Participants at these sites learn from RYTMO staff instructors and advanced students
who have successfully completed the higher levels of training, or who demonstrate
leadership skills. This provides key youth volunteers and instructors, as well as
valuable work experience opportunities in music technology.
What are your hours of operation?
Program schedule is:
Tuesday/Thursday: 4pm-6pm,
Saturdays: 10am-12pm.
How has the oreanization assured that the location is a safe and youth friendly
environment?
The studio facility is a 3000 square foot state of the art commercial recording studio. It
is equipped with all the latest digital recording equipment used for professional studio
recording.
This environment allows for not only a true professional experience for the
participants, but also a safe and creative setting that is supervised by adult instructors,
volunteers and mentors. These are individuals who are professionals in their respective
fields of expertise, and who have training and experience in working with at risk and
adjudicated youth. By providing computer work stations equipped with the latest
software in digital recording, youth are exposed to user friendly software programs
which allow a positive and enriching artistic environment.
Discuss how Internet access will be available to proeram staff.
The studio facility and its satellite locations are equipped with internet access for it's
staff. This allows for easy access to VOS case management entry, as well as internet
and computer-based software, which are necessary for the ongoing maintenance of the
program.
Certain staff computers are equipped with software useful for a variety of program-
related work, as well as internet accessibility.
In addition, certain student workstations are also equipped with wireless internet access
for use in homework, research, and other program related projects and assignments.
Is the facility compliant with the Americans with Disability Act (ADA)?
Describe corrective action plan if not.
The studio facility and its satellites are compliant with the ADA requirements,
including disabled parking spaces and signs, and an international wheelchair access sign
at entrances.
About Your Organization
Description of the Proposer
Discuss the current number of full time and part time personnel employed.
averaee annual operatini: budeet and sources of revenue.
Currently, Project RYTMO does not have any full time employees due to budgetary
restraints.
However, after further assessing the importance of a qualified and capable case manager
to oversee the daily aspects of case management, RYTMO has included a full time
position for a case manager to service youth as part of the 2007-2008 budget. (See
Budget Narrative)
In addition, the Program Director's hours dedicated to this contract will be increased for
the 2007-2008 year. This will further ensure that program activities, case management,
timelines and appropriate services to youth under this contract will be carried out in a
timely fashion, and as required under the Santa Ana WIB contract.
The Project RYTMO average annual budget has been approximately $100,000.00
Other sources of revenue include:
Santa Ana WIB:
City of La Habra WIB:
Futuro Now Capacity Builiding Grant:
Marqlane Foundation:
NAMM Foundation:
$85,000.00
$8000.00
$7800.00
$16,000.00
$5000.00
How lone has your oreanization been servine Santa Ana youth?
Project RYTMO has been servicing Santa Ana youth since 2004. However, it was not
until 2006 through City of Santa Ana WIB grant funding that our organization was able
to service additional Santa Ana youth. The current estimated percentage of youth
serviced through Project RYTMO is 50% Santa Ana youth.
What kind of impact has your services made to the youth in the community?
1. Engaging youth during critical hours of the day:
There is plenty of statistics supporting the need for keeping youth engaged in
productive activities especially after school. The so-called Millinium Generation is
made up of youth who are influenced by the Internet, the media, and TV shows like
American Idol. Project RYTMO addresses this generation's need for creative and
positive artistic expression in a professional music environment that is both
educational and prepares them for potential job opportunities.
2. Better communication between youth. families. and local business:
Music also serves as a form of communication. It bridges the gap between young
and old, amateur and professional. It opens doors for dialogue, discussion and
interaction. Music bridges the communication barriers that are typical of most
youth and their families.
One example is how RYTMO hosted a workshop on Drug & Alcohol Prevention.
Both youth and families were invited to attend this valuable event. In so doing
parents became more aware of how to better deal with these issues, while at the
same time provide youth with vital information about drug and alcohol prevention.
Music Technology also attracts industry-related employers who recognize great
talent and potential growth for their businesses. It provides valuable insight into the
minds, thoughts and psyche of a generation who are struggling to find their identity
and purpose in life, and in their communities. This is especially insightful for
employers who are constantly keeping up with the marketing trends for their
consumers.
3. Establishing vocational & professional standards for youth in the community:
This is something that businesses and parents can understand and relate to. Every
parent and business expects both a positive work ethic as well as excellence on the
job.
RYTMO provides a model for success in school, jobs, and careers related to music
technology and life. By maintaining a high standard of professional standards, goals
and educational values, youth get a "snapshot" for success required in higher
education, the corporate world and the music industry. They discover productive
ways to resolve personal obstacles in an environment that encourages creativity and
professionalism. These life-skills are essential for integrating youth into the work
force, and producing productive, law-abiding citizens.
4. Bridging the Cultural and Sub-cultural gaps: Recent studies conducted by the
City of Huntington Park, CA, found that Middle School Hispanics who had a
positive artistic and/or musical outlet in their schools and communities were less
likely to be involved in destructive expressions, such as tagging and graffiti, gang
activity, and even drug trafficking. The study also showed that despite ethnic
differences and backgrounds, music and the Arts was a positive tool in helping
youth better relate to each other. This was also true of sub-cultural barriers formed
within communities, such as gangs, gang violence or substance abuse, and their
destructive affect on our youth and society.
Project RYTMO has found that by allowing music to be the focus of their time,
energy and expression, youth will not only set-aside their cultural differences, but
will also form new communities that are healthy and positive, regardless of their
ethnicity or gang affiliation.
One example of this was having two rival gang members enrolled in our program,
who discovered a positive way to release their anger against each other through rap
music/lyrics. This resulted in a collaborative music project, which motivated them to
better understand their similarities as rappers. In so doing, the studio facility also
benefited from their reconciliation: both young men alerted their respective gangs to
cease from tagging the studio facility fences!
Experience
Briefly outline all youth programs that your agency has operated during the last
2 years.
· "Project R Y.T.M. 0." (Reaching Youth Through Music Opportunities), a
Department of Labor funded sub grant through the Latino Coalition, was created in
2004. This unique program was created to provide occupational training for Latino
at-risk and adjudicated youth, utilizing music technology and the Arts. The
curriculum model is a 8-week course that equips youth for the job market in music
technology-related fields. Project RYTMO currently services over 42 youth in
Orange County.
· Pro-Teen Workshops: was a program designed for 8-12 youth, ages 13-18 yrs,
who demonstrate exceptional talent or skill in the music industry and other art-
forms.
The program involved 6-weeks of intense mentoring, occupational training and
recording a music demo at Love & Laughter Recording Studios in Anaheim, CA
· Music Mentoring/Internships: One ofCLAMA's missions is to utilize music and
the Arts to develop and educate young talent who demonstrate artistic potential,
yet who have little or no access to music industry occupational training or related
fields. Part of that development is clearly the mentoring of musicians, artists and
recording engineers, who demonstrate potential in the future of music. Our mentors
are made up of professional minority leaders, who provide internships/job-
shadowing, professional guidance and powerful stories that inspire youth today.
Mentors meet with students one hour per week, as well as provide internship
opportunities, and useful job-related insights into the music industry. Mentors also
follow a specially designed curriculum that was created for students who are serious
and committed about the music industry.
What kind of experience do you have in incorporating parents. youth and employers
into your programs?
By building strategic relationships with businesses such as the Heritage Forum Theatre
in Anaheim, Disney Productions, Love & Laughter Music Productions, Biola
University, Chapman University, Digital Media Center in Santa Ana, Bernie Becker
Recording, and many others, RYTMO has successfully placed several of it's graduates
with these music and media agencies where they are receiving valuable on the job
experience and job opportunities. In addition, we have developed strong ties with
KidW orks Community Center in Santa Ana, who have hired two of our graduates as
instructors for their after-school program to middle-school Latino students. These
types of partnerships demonstrate how local businesses and other community
programs can benefit and partner with youth programs to build jobs and other
opportunities for at-risk and adjudicated youth.
At the same time, RYTMO has been successful in involving the participation of many
of the parents of these youth in several ways. Among these are through our case
managers providing parents with face-to-face updates on the progress and special needs
of the students; scheduled activities and workshops for parents/teens in drug, alcohol
and substance abuse prevention, guest speakers/celebrity workshops where parents are
invited to attend, and graduation ceremonies designed to involve the help and
participation of parents/guardians.
Describe how staff will receive training and ongoing staff development to
increase staff capacity and expertise in the field of youth development and
employment.
Staff will receive training and support development in a variety of ways. This training
may include:
· Weekly staff meetings and program debriefmg.
· Quarterly staff development by Program DirectorlExecutive Director for specific
topics/issues related to capacity building and program effectiveness to youth.
· Outside workshops/conferences that help enhance staff capacity and productivity
· Partnership/Collaborative training and support through other Youth agencies,
organizations and coalitions, including the YSPN Providers.
List the positions dedicated to this proposal. Include a description of duties and
time allocation for each responsibility. (SEE BELOW)
Resumes of Key Staff associated with
"Project RYTMO"
JOEY ARREGUIN: (Executive Director & president of CLAMA)
Title: Executive Director
Education: Bachelor of Arts, Music Composition, California State University, Fullerton
Qualifications & Experience: Over 28 years of experience in the music industry
working on numerous high profile film. television and theatre projects including Sergio
Mendes. The Terminator, Suzanne Somers, Morgan Fairchild. The Disney Channel,
HBO's The Sopranos, ESPN, Showtime, Univision, Telemundo, Universal Productions,
etc. Professional recording studio owner, music producer, songwriter,
composer/arranger, music consultant. Writer/Publisher. Member of ASCAP, BMI, CCLl
and CMP A.
Duties/Responsibilities: Responsibilities include administrator and management of paid
staff. instructors, volunteers and educational curriculum of Project RYTMO. Coordinate
recruitment procedures. evaluation methods, follow up procedures. sponsorship
programs, collaborations with youth agencies, and auxiliary programs that service at-
risk/adjudicated youth. Oversee fiscal and budgetary matters, fiscal reports, financial
disbursements. in conjunction with CLAMA Financial Administrator.
Time Allocation for this program: lO-hours per week
MIKE ANDERSON:
Title: Job Placement & Development/Assistant Case Manager
Education & Experience: Over 25 years experience in upper management. Singer,
songwriter and accomplished musician. Contracted artist under legendary music producer
Robert "Bumps" Blackwell. (Billie Holiday, Sarah Vaughn, Dinah Washington, Ray
Charles. Sam Cooke, Quincy Jones, etc)
Promotional, marketing and music management for renowned 60's artists like Jewel
Akins. (Birds & Bees), Al Wilson (Show & Tell), Donnie Brooks (Mission Bell), and
Karl Carrasco (Cannibal & the Headhunters).
Duties & Responsibilities: Will focus duties on job placement and development for
RYTMO participants. Emphasis will be on career development for jobs, internships and
work experience related to the music industry and technology fields. Maintain and
develop relationships with community and faith-based organizations/programs essential
for the growth and career advancement of R YTMO students. Pursue new avenues for
exposure of R YTMO to local media, corporations, sponsorships and city agencies vital to
the support system of the program, both financial and as an organization.
As Assistant Case Manager, assist Lead Case Manager with case management
responsibilities which includes maintenance of case files, participant intakes, Individual
Service Plan, Individual Creative Plan, and weekly data entry of all case files into VOS
computerized system for the City of Santa Ana, follow-up services and weekly
volunteer/mentor assessment and training.
Time Allocation per week: 30 hours
LISA MANOR ARREGUIN:
Title: Lead Case Manager
Education & Experience: Bachelor of Science in Psychology 1980, San Diego State
University; Master of Science, Organizational Psychology 1985, Cal State University,
Los Angeles; 3 years experience at Canyon Acres Residential Treatment Center,
Anaheim Hills, as a Case Manager and support staff for youth ages 12 - 18 years old; 2
1/2 years experience working at Orange County Superior Court, Santa Ana, as a Human
Resources Recruiter working in the areas of training, test assessment and career
development; 9 years experience as a vocal coach/songwriter with music credits in T.V
and film. Has worked extensively in the development of new vocal talent in the areas of
artist development including artist promotion and marketing.
Duties and Responsibilities: Maintains case files, participant intakes, Individual Service
Plan, Individual Creative Plan. and weekly data entry of all case files into VOS
computerized system for the Dept of LaborlWIA requirements, follow-up services and
weekly volunteer/mentor assessment and training. Shall attend and represent all meetings
associated with the Santa Ana Youth Council related to case management, as well as
serve as representative for Project RYTMO regarding case management to youth serviced
who are residents of Santa Ana, and enrolled in the program.
Time Allocation per/week: 35 hours
JANELL ARCEO:
Title: Financial Administrator
Education & Experience: Business degree in accounting/financial management. Over
14 years experience as accountant and financial administrator in numerous companies,
firms, and businesses; knowledge in accounting and bookkeeping methods; knowledge of
current accounting software and non-profit fiscal management.
Duties& Responsibilities:
Maintain consistent bookkeeping/accounting practices for all budgets, expenses, and
disbursements related to Project RYTMO, Maintain current knowledge and
implementation of both federal and state tax laws related to salaries, wages, payments
and record keeping. Provide weekly financial reporting to Project Director. Provide
monthly reports to Latino Coalition, as necessary.
Time Allocation per/week: 10 hours
INSTRUCTORS: (Independent Contractors)
Ian Miller: Senior Audio Recording Engineer
Qualifications & Experience: Professional recording engineer for over 20 years.
Expertise in both analog and digital recording methods and technology. Senior engineer
for Love & Laughter Recording Studios in Anaheim. Music producer, arranger. and
accomplished musician.
Karl Carrasco: Professional kevboardist. arranger. producer
Qualifications & Experience: Professional recording artist, musician for over 30 years.
Worked professionally as music director and accompanist for numerous artists including
Jewel Akins, The Temptations, Tony Orlando, Cannibal & the Headhunters, comedians
George Lopez and Paul Rodriguez.
Kvle Manns: Midi and Digital Recording Technician/Engineer
Qualifications & Experience: Graduate from Cal State Dominguez Hills as audio
engineer. Expert in digital audio recording/engineering and music technology
applications. Familiar with current music software programs for studio recording and
music technology.
Lisa Manor Arrel!uin: Vocal Instructor
Qualifications & Experience: Bachelor of Science in Psychology, San Diego State
University, Masters of Science, Human Resource Psychology, California State
University, Los Angeles. Over 10 years experience as vocal coach, and specializing in
developing young teens for careers in the music industry. Numerous record and
songwriting credits including Showtime 's, CBS's One Ltfe to Live, All M,y Children, and
General Hospital. Recording artist with nationally distributed jazz/r&b recording label.
Former student of renowned vocal instructor Lis Lewis.
Justo Almario: RenO\vned Latin iazz saxophonist
Qualifications & Experience: World reknowned musician whose credits include
recording with Jennifer Lopez. Mariah Carey, Marc Anthony, Celia Cruz, and Christina
Aguilera. Annual perfonnances for the Grammys and Latin Grammy awards show.
Clinician and performer in the field of Latin woodwinds, and performance. Numerous
jazz, Latin jazz recordings with major record labels. television credits. and film credits.
Associations with numerous film recordings. including Selena, the movie, The Mambo
Kings, and actor's Andy Garcia, Jimmy Smits, Jennifer Lopez and Paul Rodriguez.
Doriana Sanchez: Professional Choreographer
Qualifications & Experience: Choreographer for Cher, Janes Addiction, Latin
Grammys, Rolling Stones, etc. Highly solicited for her expertise as live Las Vegas show
director and theatre choreographer. Worked with numerous rock bands, and created
choreography for China's Galaxy Circus, Cirque Du Soleil, and East L.A. Classic Theatre
productions.
Abraham Laboriel: Professional bassist. Latin recording artist
Qualifications & Experience: Masters Degree from Berklee Conservatory of Music in
Boston. World renowned bassist. most notably for recording with artists Sergio Mendes,
Tito Puente. Ivan Lins, Joe Sample, Herb Albert, and internationally known jazz group
The Crusaders. Among his film/television credits are "CHPS", Jamie Foxx, CBS, NBC,
ABC., and the Grammy Awards.
His son Abe Jr. is currently drummer for Paul McCartney, Green Day, and Seal.
Mateo, the youngest of the Laboriel family has also participated as a special guest
instructor. Mateo's credits include productions for actor/singer Jamie Foxx, films for
Antonio Banderas and Ice Cube.
Note: Instructors provide musical and practical instruction and guidance in their
fields of expertise. Besides performing for RYTMO participants, guest speakers
provide insight and realistic perspective into the world of recording, performance,
and technology. They share personal success stories and inspirational experiences to
participants of Project RYTMO.
Fiscal Capacity
Describe the process used to capture and report fiscal data?
CLAMA/Project RYTMO employs the services of Janell Arceo, a licensed
Bookkeeper, with over 14 years experience and knowledge in accountinglbookkeeping
methods such as payables, receivables, invoicing, tax requirements, and other standard
accounting practices required for proper fiscal accountability and reporting. Janell
utilizes QuickBooks Non-Profit software to post entries and reconcile all of CLAMA' s
[mancial accounts.
The process utilized to capture and report fiscal data is:
1. Collect, review and approve all Purchase Orders, Requests for Funds, Expense
Reports, receipts, employee Time Sheets, and Independent Contractor invoicing for
services rendered.
2. All bookkeeping data is recorded using QuickBooks Non-Profit Software for all
accounts.
3. Monthly fiscal reports are submitted to the Financial Administrator, CLAMA
Treasurer, Board of Directors and funding agencies, as required for approval.
Attach a copy of the procurement policies and procedures.
*(SEE "Procurement Policy & Procedures"ATTACHMENT)
What systems are used to ensure fiscal accountability and appropriate
expenditures, and planned costs?
1. All fiscal accountability, expenditures and planned costs are overseen and verified
by the CLAMA Financial Administrator on a monthly basis, followed by approval
by the CLAMA Executive Director. This process involves the review and
evaluation of budgeted items previously approved by the CLAMA Board of
Directors for the current fiscal year.
2. The Financial Administrator shall then provide monthly fiscal reports to the
CLAMA Treasurer, Executive Director, and active Board of Directors for fiscal
review and analysis.
3. All bookkeeping/accounting records, files and data are reviewed by an independent
Certified CPA for review, analysis and accountability on a quarterly basis for fiscal
accountability. This includes all fiscal reports involving yearly tax requirements to
the IRS and State of California, relevant to 501c-3 non-profit organizations.
Describe resources, staff and practice for invoicing process.
CLAMAfProject RYTMO has hired and appointed a professional and licensed
bookkeeper to manage and oversee the weekly financial matters associated with all grant
requirements. Part of the bookkeeper's duties is to provide invoices on a monthly basis
and provide weekly reports to the Executive Director:
Based upon the budgeted funding approved by the funding agency, organization or
private donors, invoices are generated and posted utilizing QuickBooks software.
Invoices are then mailed to the appropriate funding agency as required by grant
contract. Once collected, all funds are deposited via check or direct deposit into an
individual checking account, or into the CLAMA General account as needed. All
deposits, checking accounts and statements are reconciled by the bookkeeper, and
reviewed/approved by the Financial Administrator. Monthly reports are provided to
the CLAMA Treasurer and Board of Directors for review and approval.
Describe how agency's financial stability is not dependent on WIA funds.
CLAMAfProject RYTMO is funded through a variety of sources. These help provide
the organization with long-term sustainability goals, diverse strategies for servicing
different types of youth programs in the community, and the staff and personnel
necessary to carry out the objectives and mission of CLAMA.
CLAMAfProject RYTMO continually seeks out new granting and funding
opportunities to expand services in line with our mission statement goals and
objectives. Among such funding sources/donors are:
Federally funded Faith-based Coalitions:
Latino Coalition: a faith-based coalition whose focus is in servicing adjudicated Latino
youth in the U.S.
Futuro Now: similar to the Latino Coalition, this coalition's mission is to provide
capacity building funds for grass root organizations who service Latino youth in So.
California. Funding:
Federally funded wmmoL programs:
City of La Habra: WIB funded program to service youth in North and West Orange
County cities.
City of Santa Ana: WIB grant, currently funds Project R YTMO to service youth
who are residents of Santa Ana.
Private Foundations/Organizations:
Marqlane Foundation: private foundation whose mission is to help develop strategic
educational methods for communities where youth can become engaged through the
arts.
NAMM Foundation: (National Association of Musicians Merchants) A national
foundation whose focus is music education programs for children and youth in public
schools and communities around the U.S.
Private Donations/In-Kind ServiceslFundraising events:
CLAMAlProject RYTMO counts on the generous support of private donations and 1n-
KIDd Services, such as local recording studios (Love & Laughter Studios, Bernie Becker
Mastering, John Vestman Studios, etc) and corporate donations such as Maxell, Fuji,
Carls Jr, Southern California Gas Co, and others. In addition, the organization schedules
yearly fundraising events to create greater awareness and fmancial support for our
programs throughout the year. These include the contributions of well-known
celebrities in the music industry, who help promote the cause and mission of
CLAMAIProject RYTMO. Many are also guest instructors for RYTMO classes,
which help bring expertise and inspiration to the youth in the program.
*(SEE "INSTRUCTOR" section)
Submit most recent/2 years of audited financial statements (see attachment G).
*(SEE ATTACHED "CLAMA Financial Statement")
Subcontracting
Subcontracting client services/activities is not permissible under this contract.
However if planning to subcontract non-client services, identify subcontracts role
and estimated cost for services.
There will be no sub-contractors or client services/activities utilized through Project
RYTMO.
However, strategic partnerships have been formed to provide greater quality of services
to the participants in the program.
*(See attachment of list of partnerships/letters of support)
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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 Rig hts .. . .. . .... .. .. . . . .. . . . . ... . . . . . .. . .. . . . . . .. . . . .. .. ... . . . . . . . . . .. . ... ...... . . . . ..... . . . . . . . . . . . . . . . . . . . . .. . . . . . .. .. . . .. . .. 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 LeveI............................................................. 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
I. Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Investment Act (WIA), the City of
Santa Ana Local Workforce Investment Area (LWIA) will establish programs to
prepare youth and unskilled adults for entry into the labor force and to afford
job training to those individuals facing serious barriers to employment. Every
effort will be made to provide services necessary for eligible individuals to
obtain productive employment.
In implementing WIA, all contractors in the Santa Ana LWIA will foster equal
opportunity and non-discrimination, as provided in State and Federal equal
opportunity and non-discrimination laws including, but not limited to:
. Title VI of the Civil Rights Act of 1964
. Title VII of the Civil Rights Act of 1964
. The Age Discrimination Act of 1975, as amended
. Section 503 of the Rehabilitation Act of 1973
. Section 504 of the Rehabilitation Act of 1973
. Title IX of the Education Amendments of 1972
. Section 188 of the Workforce Investment Act of 1998
In keeping with our commitment, no individual shall be excluded from
participation in, denied benefits of, subjected to discrimination under, or denied
employment, in the administration or of in connection with any WIA funded
program because of race, color, religion, sex, national origin, age, handicap, or
political affiliation or belief. I
Participation in programs and activities financially assisted in whole or in part
under WIA shall be open to citizens and nationals of the United States, lawfully
admitted permanent resident aliens, lawfully admitted refugee, parolees, and
other individuals authorized by the Attorney General to work in the United
States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or
participating in any manner in an investigation, compliance review, hearing, or
any other activity related to the administration of WIA.
2
Administration responsibility for this Equal Opportunity/Affirmative Action
(EO/AA) Program is delegated to the Equal Employment Opportunity (EEO)
Officer for the Santa Ana Local Workforce Investment Area. Equal opportunity
and non-discrimination, however, will only be achieved through leadership and
implementation of a viable Affirmative Action Equal Opportunity Program.
2. Civil Rights
No one applying for or enrolled in the Workforce Investment Act (WIA)
Programs may be discriminated against because of race, color, creed, .
handicap, national origin, sex, age, political affiliation, or beliefs.
This means that - for any of the characteristics listed above:
You may not be denied the opportunity to enroll in WIA.
No benefits or services may be denied you for discriminatory
reasons.
You may not be segregated or treated any differently from other
applicants or participants, while you are being registered,
interviewed, counseled or tested; or while you are working or
attending classes as part of the program.
You must be provided an equal chance to use all facilities
available in the program.
Fair employment practices must ,be provided to all staff with
regard to recruiting, hiring, transferring, promotions, training,
compensation, benefits, layoff, and termination.
You have the right to make a complaint if you feel you have been denied any
of the above opportunities. You cannot in any way be penalized for filing a
complaint. Your WIA sponsor has established a mechanism for handling
complaints or grievances. Your complaint must be filed within 180 days. All
complaints will be handled confidentially.
3
3, Nondiscrimination Laws under WIA
Title VI of the Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or
religion.
The Age Discrimination Act of 1975
Prohibits arbitrary discrimination against persons age 40-70.
The Rehabilitation Act of f 1973
Prohibits discrimination based on handicap.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity
receiving federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Rights Act of 1964
Prohibits discrimination in employment based on race, color, religion,
sex, or national origin in all terms and conditions of employment and
establishes the Equal Employment Opportunity Commission as the
administrative agency.
White House Executive Order No. 11246 as Amended by Executive
Order No. 11375
Creates the office of Federal Contract Compliance and prohibits
discrimination based on race, color, sex, religion, or national origin.
Department of Labor Secretary's Order no. 4-73
Prohibits discrimination based on sex.
Equal Pay Act of 1963
Prohibits pay differential solely because of sex.
4
Emerqency 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 LWIA 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-profit employers of
participants, may use this or other complaint resolution procedures so long as
the participant is informed of the complaint resolution procedure they are to
follow and the time frames governing review of complaints are met.
A "participant", within the meaning of these procedures, is an individual who
receives employment-training services under 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
procedures shall not be used to resolve disputes reqarding terms and
conditions of emplovment of any employee who is not a participant, as defined
herein.
5. If a complaint does not receive a decision at the LWIA grant recipient level
within 60 days of filing the complaint or receives an unsatisfactory decision,
the complainant then has a right to request a review of the complaint by the
Governor.
7
6. Complainants must initially file and exhaust LWIA grant recipient/hearing
procedures prior to appealing to the State except where the State determines
that the LWIA grant recipient's procedures are not in compliance with the
State's procedures.
III. Procedures for Handling Complaints at the LWIA level
A. Receipt of Complaints
Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA
administrative entities have the responsibility to conduct hearings and resolve
complaints made by individuals about the administration of programs in the LWIA.
"LWIA level" encompasses LWIA administrative entity and employers to which the
administrative entity has delegated the complaint resolution process. The following
comprise the guidelines for resolving issues arising in connection with WIA programs
operated by the Santa Ana LWIA including resolutions of complaints arising from
actions, such as audit disallowances or the imposition of sanctions taken by the
Governor with respect to audit findings, investigations or monitoring reports.
1. 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 L WIA 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 complaint, the Santa Ana LWIA shall
issue a written decision to all parties by first class mail. The final decision shall
contain the following information:
1. The name of the parties involved.
2. A statement of the alleged violation and issues related to the alleged violation.
3. A statement of the facts.
4. The decision and the reasons for the decision.
5. A statement of corrective action, if any, to be taken.
6. Notice of the right to request, within ten (10) calendar days of receipt of the
decision, a review of the decision by the State Review Panel.
11
D. Record of Hearing
An administrative file containing support documents on the complaint resolution
process hearing conducted will be retained by the Santa Ana LWIA. The purpose of
a record is to serve as substantiation of the process followed by the Santa Ana LWIA
on the resolution of the issues and the results. This information would then be
available for subsequent review in the event the matter is raised with the State. Such
records must be retained for a three-year period after the grant has been officially
closed out.
The Santa Ana LWIA's written decision will be included in the record. Evidence
received at the hearing, notes by the hearing officer, stenographer's notes and tape
recordings may also be used.
E. Establishment of Complaint Procedures
In accordance with Section 667.600, each employing agency including private-for-
profit employers of participants under the Act is required to establish a complaint
procedure for resolving matters relating to the terms and conditions of employment.
Employers may operate their own grievance system or may utilize the Santa Ana
LWIA's established procedures under Section 667.600. At a minimum these
procedures must include:
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 L WIA 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 L WIA 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 L WIA
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 L WIA level from which no decisions were
issued or sanctions imposed
d. A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a
designated hearing officer will be scheduled.
14
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his/her position, to present
oral and/or written arguments, to examine records and documents relevant to the
issue(s), and to be represented.
The hearing officer shall issue a written decision, which shall be forwarded to the
State Review Panel for final determination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must
be approved by the Secretary of Labor.
C. State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the
WID, and one from the Director's office. The panel will issue a written decision,
which will be sent to the appropriate parties within thirty (30) days of receipt of the
request for State review.
Decisions issued by this panel, under the authority of the Governor, are final.
D. Issuance of State Review Decision.
The State review will be limited to violations of the WIA, implementing WIA
regulations or the grant agreement. This review shall be limited to the record
established at the LWIA hearing.
v. Procedures for Handling Discrimination Complaints by Participants
A. Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within
180 days of the alleged occurrence.
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 than 180
days of alleged
discrimination
Handling of complaints filed at L WIA level arising in
connection with WIA programs operated by L WIAs
.
.
.
.
Informal Resolution Process
.
.
.
.
Filing of Complaint / Request for Hearing
Notice of Hearing issued by L WIA
v.,
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Hearing Conducted
L WIA Decision within 60 days
.
.
.
.
Unsatisfactory Decision or L WIA Decision not
issued within 60 days
Within 10 days of
receipt of
unsatisfactory
decision or 10 days
from date L WIA
decision should have
been issued
.
.
.
.
Request for State Review I
Governor's Decision issued by State Review
Panel
v.,
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c.o
.
.
.
.
If no decision issued by 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 WID within ten (10) calendar days after the receipt of the Santa Ana
LWJA'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
Filing of complaint on the basis
Of Handicap with LWIA
Informal Resolution
.
.
.
.
Ifno resolution reached
.
.
.
.
Request for Hearing
Notice of Hearing I
Hearing Conducted
L WIA Decision
I
.
.
.
.
Unsatisfactory Decision or No Decision
.
.
.
.
State Review
Governor's Decision I
Appeal to Assistant Secretary
Department of Labor
Filed within 30
days of
L WIA/State
Decision or 90
days from date of
initial filing of
complaints
Day 1
Day/45 Day
60 Days
GLOSSARY OF WIA TERMS
AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination
on the basis of age by any program or activity receiving Federal funds.
APPLICANT - An individual who applies to a subrecipient or contract for services provided under
WIA and who has no yet transitioned to the status of participant.
ASSESSMENT - Services designed to determine each participant's employability, aptitudes,
abilities and interests and to develcp a plan to achieve the participant's employment and related
goals; also to identify the available employment and training activities appropriate for the
participant. Testing and counseling may also be used during the assessment process.
CHARGING PARTY (CP). COMPLAINANT. GRIEVANT. OR AGGRIEVED PERSON - The
person who charges that he/she has been discriminated against under Department of Justice
nondiscrimination and civil rights regulations and/or guidelines.
DISCRIMINATION - In general, a failure to treat all equally, whether intentional or unintentional;
the effect of an action, policy or practice which selects an individual or class of persons to receive
unequal treatment.
ELIGIBLE NON-CITIZEN - Lawfully admitted permanent resident, aliens, lawfully admitted
refugees, and parolees and other individuals authorized by the Attorney General to work in the
United States.
EMPLOYER - An employer subject to the provisions of the Civil Rights Act of 1964, as amended,
including state and local governments and any Federal agency subject to the provisions of Section
717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by
Executive Order 11246, as amended.
GRIEVANCE - An allegation that something imposes an illegal obligation or burden or denies
some equitable or legal right, or causes injustice.
HANDICAPPED INDIVIDUAL - Any individual who has a physical or mental disability that
constitutes or results in a substantial handicap to employment.
18
INTAKE - Includes screening to determine eligibility; to select from eligible applicants those
individuals who are most in need and can benefit from program services; to complete procedural
requirements necessary to enroll an individual into the program and to refer those not enrolled to
other programs.
JOINT COMPLAINT - A complaint of employment discrimination covered by Title VII or the Equal
Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC
unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in
employment and other practices and pattern or practice "joint complaints" are normally investigated
by OCR.
JURISDICTION - Authority to investigate and resolve complaints against an institution subject to a
law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc.
PARTICIPANT - Any applicant who has: (1) Been determined eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post-termination
services) funded under the Act, following intake, except for an individual who receives only
outreach and/or intake and assessment services.
19
Exhibit D
CERTIFICA TJON REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS
and COOPERATIVE AGREEMEhJTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, bV 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
Program Title
~es;lde4-
Certification Ref;!ardinf;!
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities.
The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages
19160-19211).
(Before completing certification, read instructions which are an integral part of
certification)
1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge
and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
b. Have not within a three-year reriod preceding this proposal been convicted or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state or local) transaction or contract under a public transaction; violation
of federal or state antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property.
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the offenses
enumerated in paragraph (1 )(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one
or more public transactions (federal, state or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
r~V\<,,~~ ty~~6 As.<;'dCl~c:0 cJ- M~l( t A--e-n
Grantee/Contractor Organization. .
~e 01 ~ E\(ecv-h\('f' P \ {("C-\-Q'Y"
Name a d Title of Official Authorized to Certify
On Behalf of the Grantee
'--f - 7:<: - 0 1
Date
Exhibit E
Certification Regarding Drug-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is
placed by the U.S. Department of Housing and Urban Development in awarding the
grant. If it is later determined that the contractor knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace
Act, the U.S. Department of Housing and Urban Development, in addition to any
other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act.
CERTIFICA TION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the contractor's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees
about -
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a)
that, as a condition of employment under the contract, the employee
will-
(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), (b), (c), (d), (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:
1- 2 <)-<.q
~
' ~
", .~. -
rogram Operator
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE
REQUIREMENTS
Name:
Joey Arreguin
Name of Contractor:
Christian Latino Association of Music and Arts
Contractor Number:
September 25, 2007
Date:
The Contractor shall insert in the space provided below the site(s) expected to be
used for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each
site):
ID6?r!. uJ~l ~f
Jh. Jrhe;d\ ,I C 4. bJ z g () 5"
Exhibit F
Match/In
"
Administrative Program ! Total WIA Kind
r Personnel
Salaries* 0 61,953.00 61,953.00 15,488.00
! (SEE BUDGET
NARRA TIVE.
ATTACHMENT "G") I
1.
_. ,
3.
Use separate sheet if I
I
necessary.
! Benefits" Workmans Comp 0 1500.00 1500.00 375.00
1. (See Attachment "G"
2.
3 I
Use separate sheet if i
necessary.
I Total Personnel 0 63,453.00 63,453.00 15,863.00
I Operating Expenses I
Rent or user fee* 0 20,400.00 20,400.00 5100.00
Utilities 0 2800.00 2800.00 700.00 i
I
Phones 400.00 ! 800.00 1200.00 300.00
i Internet fees 0 600.00 I 600.00 150.00
I Parking fees 0 0 ! 0 0
I Security 0 0 0 0
i Maintenance 0 0 0 0 I
I Insurance (Liability) 0 1500.00 1500.00 375.00 I
i Equiprnentrental fees* 0 0 0 ! 0
I
! Vehicle lease* 0 0 I 0 0
I Office expenses 500.00 I 2000.00 I 2500.00 I 625.00
(consumables) I
I Accounting Services 800.00 0 : 800.00 200.00
Legal services 0 0 0 0
! Auditing services 1200.00 0 1200.00 300.00
i Indirect costs* 0 0 0 0
Stafftraining 0 0 0 0
Staff travel/mileage 0 800.00 800.00 200.00 I
I
i Participant Wa2es* 0 2000.00 2000.00 500.00
I
Support services* 0 1000.00 1000.00 250.00
Participant Incentives* 0 0 0 0
Other (list)* 0 0 0 0
Total Operating Expenses I
i
I GRAND TOTAL 2900.00 95,353.00 I 98,253.00 24,563.00
I (Total Personnel + Total I
Operating Expenses)
")
*See Budget Narrative, Attachment "G"
Budget Narrative-Salaries & Benefits:
ITEM
Hours/Project
Pa)' Rate:
YRn'OTAL
]. Exec Dir (Joey Arreguin):
] O/hrs/wk
$11.00/hr
$5720.00
2. Program Director/Job & Career Placement/Assistant Case Mgr:
(Mike Anderson) 30hrs/wk $11.00/hr
$17 ,160.00
3. Ld Case Mgr (Lisa Arreguin)
35hrs/wk
$12.00/hr
$21,840.00
4.Financial Admin (Jane]] Arceo)
lO/hrs/wk
$] 1.00/hr
$5720.00
5. Ky]e Manns (Instructor)
] 0 hrs/wk
$12.50/hr
$6750.00
Salaried Staff:
Taxes @/l.33cj{
$57,190.00
S. 4763.00
Sub-Total:
$61,953.00
Grand TOTAL:
$61,953.00
Benefits:
Workmans Camp related to this grant will total $1500.00 for a one-year coverage for
employees and staff.
NOTE: Any additional expenses related to employee benefits such as health insurance.
retirement. etc. will not be paid under this grant funding.
Budget Narrative:
1. Rent or User Fee:
Anaheim Facility:
The program will use Love & Laughter Recording Studios to provide project
activities on specifically designated days/hours for Anaheim. The recording facility
will rent studio time to CLAMA at $75.00/per hour. Estimated weekly use of the
studio is 25-hours/per week@$75.00/hour =$1875/per week x 52weeks=
$8125/month or $97,500/year.
The project will use all of the 3000-square feet of the studio. Love & Laughter
Recording will in-kind $6925/per month of the total cost for use of the studio and
equipment. The grant funds will pay a flat rate of $ 1200/per month to service
participants at the studio facility.
This amount will not include costs for utilities, phone, fax, etc.
Santa Ana Site:
CLAMA will rent space from the Childrens Therapeutic Arts Center in Santa
Ana for it's satellite RYTMO program. CTAC will charge CLAMA a flat rate of
$500/per month for the use of approximately 1500 square feet of space. CT AC will
in-kind $2000/per month of the total cost for use of their facility and equipment.
$500/per 12months=$6000
Total rent for Anaheim: $14,400.00
Total rent for CTAC: $ 6000.00
Total Rent: $20,400.00
2. Utilities:
Partial utility expenses for the studio in Anaheim. Estimated costs are approximately
$233.00 per month. $233.00/month x 12 months = 2800.00/year.
3. Phones:
Phones for both the Administrative offices in La Mirada, and the studio facility in
Anaheim are estimated at $lOO/per month. $100/00x12 months=$1200.00.
4. Internet Fees:
Internet charges for high speed internet at the Anaheim facility are estimated to cost
$50.00/per month. $50.00X12-months= $600.00/per year.
5.Insurance Fees:
Liability Insurance is required by the contract with the City of Santa Ana. The current
rate for liability insurance to CLAMA is $1500.00/per year.
6.Equipment Rental fees:
RYTMO has not allotted any budget for the rental of equipment under this grant
funding.
7. Office Expenses:
Administrative and Project general office supplies are estimated at $1 OO/per
participant X 25-participants = $2500.00/per year.
8. Accounting Services:
CLAMA/Project RYTMO utilizes the services of an independent CPA to review and
prepare all bookkeeping records and reports. The approximate cost for this service
related to this project is $800.00/per year.
9. Auditing Services:
CLAMA/Project RYTMO utilizes the services of an independent Auditor/CPA to
conduct a financial audit of our books. The approximate cost for this service is
$1200.00/per year.
10. Staff/Travel Mileage:
RYTMO staff is partially reimbursed for program related mileage expenses. These
are mainly used for direct expenses incurred for transportation of youth in the
program, staff training, and special activities and events directly related to the
program.
The total amount allotted for this category is $lOOO.OO/per year.
11. Participant Wages:
Total budgeted: $2000.00
Paid work experience for 5 participants working 4-hrs/per week=20 hours/wk at
$8.33/per hour X 12 weeks=$1999.20
12. Support Services:
The project is estimating that 10 participants may need supportive services such as
bus passes. interview clothing. and monies to pay for testing (such as GED tests, etc).
10 participants X $100/per student =$1000.00
Note; See attached Support Services Policy Sheet
13. Matched Funds:
1. In-Kind Match: Project RYTMO.is estimating that 10 ofthe 20 volunteers will
provide 4 hours of volunteer time per week. The duties of the volunteers will
range from mentors to music engineering professionals providing one-on-one
. 'f
Exhibit G
Assurances & Certifications
Selected providers will be required to sign and submit "actual" 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. If! 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.
(0/ ~e will provide records to show that we are fiscally solvent, if needed.
[Q./' We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA
_ //funds will be used as required by law and contract.
W We have additional funding sources and will not be dependent on WIA funds alone.
We do or will meet the applicable Federal, State, and local compliance requirements. These include,
JXit are not limited to:
[gReSPfds accurately reflect actual performance.
~~tain record confidentiality, as required.
~eperting [mancial, participant, and performance data, as required.
b)e'JIDPly with State and Federal fiscal and program activity audits.
~Jlffiplying with Federal and State non-discrimination provisions.
~.;eting requirements of Section 504 of the Rehabilitation Act of 1973.
~yeting requirements of the American's with Disabilities Act of 1990. (submit completed survey)
~yeting all applicable labor law, including Child Labor Law standards.
~.,.gtee to provide a drug free workplace.
~~ to insure the City of Santa Ana through General Liability Insurance and Automobile Liability
~~rage in the amount of $1,000,000.00 policy.
~~ to provide all participants with Grievance Procedures.
~gree to insure proposer's employees through Workers Compensation Insurance
... [iJl6uding part-time employees)
~curement policies and procedures are in place and meet federal guidelines.
We wi11 not:
[9(~. a youth in a position that will displace a current employee.
[g6~ money to assist, promote, or deter union organizing.
[gt(~nds to employ or train of persons in sectarian activities.
Wse funds for youth in the construction, operation, or maintenance of any part of a facility to be used
~ sectarian instruction or religious worship.
~[g{1se WIA funds for activities that would interfere with or replace regular academic requirements for
gible youth who are not dropouts.
ae funds to carry out programs funded under the School-to- Work Opportunities Act of 1994
ess the program(s) are only for youth eligible to participate under WIA.
se WIA money under this contract to purchase any equipment.
I hereby assure that all of the above are true.
--r ftYL '
.... ~ oe':;l lLav\ N
Na e
-t;'f: e C~~~ \J \ (e~.:~y
Title
if -Zc:; -07
Date
AcaaD," CERTIFICATE OF LIABILITY INSURANCE OP ID AZ; DATE (MM/DDIYYYY)
CHRIS-8 I 02/16/07
PRODUCER THIS CERTiFICATE is ISSUED AS A MATTER OF INFORMATION
Apollo Corom'l Lines #0394033 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Apollo Agencies, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 11610 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana CA 92711 ! NAIC#
Phone: 714-832-2100 Fax:714-832-7208 i INSURERS AFFORDING COVERAGE
----l
INSURED ' INSURER A Zurich American Ins. Co. !
INSURER B Endurance I
I
Chrlstian Latino Association INSURER C I
of Music & Arts
14023 Whiterock Dr INSURER 0 ,
La Mirada CA 90638
INSURER E I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM::D ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
L TR lNSRD TYPE OF INSURANCE
i GENERAL LIABILITY
A X I X I CO~MERCIAL GENERAL L,IABILlT"
L--J CLAIMS MADE ~ OCCUR
,
POLICY NUMBER
LIMITS
PPS00466922
12/30/06
12/30/07
$1,000,000
$1,000,000
~10,OOOO
I PERSONAL & ADV INJURY I $ 1 , 000 , 000
I GENERAcAGGREGATE ' S 2,000,000
i PRODUCTS - COMP/OP AGG $ 2 , 000 , 000
GEN'l AGGREGATE L1MI~ APPLIES PER'
POLlCv Ii ~~8~ LOC
AUTOMOBILE LIABILITY
ANY AUTC
NON-OWNED AUTOS
I
I COMBINED SINGLE LIMIT
i (Ea accident)
,
c----
Acl OWNED AUTOS
BODIL Y INJURY
(Per person!
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Pe, accIdent)
PROPERTY DAMAGE
(P8:- accident:t
, GARAGE LIABILITY
r-
I ANY AUTO
I
I
I
AUTO ONLY - E,I-, ACCIDENT
EXCESS/UMBRELLA LIABILITY
r-
, OCCUR U CLAIMS MADE
OTHER THAN
: AUTO ONLY
I EACH OCCURRENCE
: AGGREGATE
EA ACC : $
AGG I $
!$
i$
! $
i $
B
DEDUCTIBLE
I R::TENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFf'ICI::R/MEMBER EXCLUDED','
11 yes. describe under
SPECIAL PROVISIONS below
OTHER
WEN0004236-01
09/08/06
09/08/07
X TORY LIMITS
E L EACH ACCIDENT $ 1000000
E.L DISEASE - EA EMPLOYEE $ 1000000
El DISEASE - POLICY LIMIT $ 1000000
PROPERTY
5400
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*Except 10 days for non-payment. Certificate holder is named as Additional
Insured as respects General Liability.
CERTIFICATE HOLDER
CANCELLATION
CITSA-2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL - 'MAIL * 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
m,,~_ ",I~.~.. --
-1m fi~iljr "w.
AUTHORIZED REPRESENTATI
City of Santa Ana
Santa Ana WIA Admin Office
Attn: Anabell Bates
1000 E Santa Ana Blvd Ste 200
Santa Ana CA 92701
ACORD 25 (2001/08)
REC @ACORD CORPORATION 1988
EIVED MAY 3 Iml
..
'''-'''' "U'g,.a,~..., ,,'...._ -,. ~'-'''''''_ ,~....."....) ,...^'..... \,
E>'1-fIBIT B
ADDITIONAL INSURED ENDORSEMENT
Insurance Company, Zurich American Insurance Co.
This endorsement modifies such lnsurance as is afforded by the provisions of Policy
# PPS00466922 relating to the follov,ring:
l. The City of Santa Ana, 20 Civic Center Plaza. Santa Ana. California
92702: its officers, employees, agents and volunteers are named as additional insureds
("additionallnsureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named Insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which
such person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
canceled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the. City of Santa Ana. 20 Civic Center Plaza, Santa Ana,
California 92702.
(Completion oftbe following, including countersignature. Is required to make this
endorsement effective.)
Effective: March 05, 2007, this endorsement form as a part of
Polic)' # PPS00466922
lssued to Christian Latino Association of Music & Arts and The Latino Coalition
Named Injed
Countersigned by 1/~{Ji1n
~Orized Representative
~~ECEIVED MAy J J lOOT
vel U.:l '~'I
,lla
JDey
:J''::'L-~.:.t'')-I UUf~l
, '......1.. ...."....,....' '.... '_....,." ~_ ,.,..-. .~....'.- "~-''''7 '..........'-".,. . ',. ~. .----. - --....
ACORD.
CERTtFICA TE OF LIABILITY INSURANCE
OP 10 AZ: lMT'E IMM,~Dlm'Yi
CHRIS-8' 10/03/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
OIoll), AND CONFEP-S NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EX-TEN.D 01\
AlTEl'l THE COVERAGE AFFORDED B't THE POLICIES BELOW
PRODUCER
Apollo comrn'l Lines #0394033
Apollo Agencies, Inc.
12'. O. BOX U6l0 i
" Santa Ana CA 92"711 I
!Phone: 714-831-2100 ~.x:714-$32-720e I INSURERS AfFORDltlG COVERAGE NAlC# I
1 ""SUReC' I Zurich 1IIaeric:an
] i~~1-~ Ins.. co.
, 1>15UllF" B Endurance
I Chr~stLan Latino Assoc~ation I NSURE~ C
of Musi<: " Arts
I 14023 Whiterock Dr I -i
I La Mirada CA 90638 I I>lSURE~ D ~---1
I N;UHE~ E:
COVERAGES
THE POLICIES OF INSlRAI-=:E lISlED BELOW HA.VE: 3EEI4 ISSUED TO mE: INSURer) N....Eu A$JV'E FOf/n-E pOLIn PERIOD Ir\OICA.lEO NCllWl THS1MON':;
,!>;Ny REOUIREhE-t-IT . lERM 00 :'ON:)ll1~..l 0,::' ~l"Jy CONTRA::T OR OllER OX'JWEt..'i wrn: OCSPCCT "Ie ~ 1l-U:';,.CE.RllF.tCO.TE MA,.Y EE lS~..ED OR
MAY PERTAIN, ,HE INSURMlCE ..FOI<DED s.1l-€ POLICIES DESC~IBED H'REI'" ,,, S~JECT 10 AlL 1'HE TERMS. CXClUSIONS AND CONDITIO/~S oc Sllfrj
POlICtt'S A13G~Ec;Ar" IlltnS S/1O'rIN "",,"y ti~'iE t:a:N RECUcro i3'r PAID CLAIMS -1
LTR IriSl'ld TYPE OF INSURANCE POUCY m,1/I6ER 1 ~D~T€("i~~m," i' DAlE I~Mjl)I)NY) i ~lMITS I
Jx ~ERAL L\Io6l.l1"( 1 I EACH O=-'RREtCl' 1$ 1,000_, OO~ ~.~
;.. X ~t:R:"~ GENrn,>l L:,oBILI~ L..lPtMrI.\:lt: IUr<t..NIt:L'
rr QAl\,\bMt>J)!: ~ OCClP l PREMISE!:: [~..occ",;;o""j ~OCO,OOQ !
MELJ.EXlJ tAr'}' onepflf5Onl ~lO.OOOO I
I PPSOD46S922 12/3.0/06 I 12./30/07 1 PERSONN. & 10" INJLPY 1$1,000,000 I
I H I GENERA:. AGGREGATE $2,000,000
I tcE'N\..AGGREGATE UJ.iW APPliES PER: I PRODLCTS. COMPJOP AGG ~2,OOO,OOC
h =,C'( I:?E& n LO::
I ~UTOIiIoelLiii LIASILITl' 1 CO'-l:lI'l:D SlJol3LE LIMIT ~
I W '-1'1'< AUTO i {Ee-acrioo-rii
I H .lL OWMOD.AUTOS j 8OD1l J II-I.o:<Y 1$ I
I , SCiENLEO AtITOS {Per iHKiiorol
] H filREC Avras 1 I I
,
I
I H ~fMiN'.C AUTOo j BODILY 11'1.0:<-' 1$ i
(Pa, . cci<Ionl :
I H 1 ffiOPERT" OAM'\GE I ~ 1
H (Par .C-::I09fII;
I GARAGE llABILlT'I' !IUTO OM. ~ . EA~)EHT ~ I
I [] N-lY AlIre \ I CTHEP n-t.ON EAAC: I $ I
! I iI"UTOO'O A.GG $ i
: ' E~ceSSlUM8RELLA llAIlIL.1TY I EACH D::LRRE~lCE $ I
'---'
UOCCffi UAMS....OE i ! ;'GGr.:E(;~TE $ 1
i I j $ ~
, h DEDUCTIBl~ I
i H P.8HJTJC1' 1 f
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! $ , f I
I WORKERS CON'ENS~T10N AND ! X IT~~t~i:5 I IUE~ I
I , EMPL.O'l'ERS' UABLTJ I WENOOO4236-02 I 09/08/(17 09/08/08 ~ 1000000 :
B I EL E:....cH A;:;CiCE"l
, 1.JoN PC;GPIlIETORJPAATI>S:','E):EQmVE 1 l .-.-- I
OFFICERiI.\EMBI'R EXUUED? EL DISEASE. EA EM"WI"EE ~ 1000000
j iT YGI!i, C"iCfIIJil uHtllH l J 1000000
SPECIAL PROVISIONS \leio" , E.L, DISEAS:: . PDLlCY WAil I
I OT1-<ER I :'400 I
! I PROPER"l'Y
I
: i
OESCllI"TlON OF OPERAllCf,JS ! LOC"OONS I \/E..ICLES !E"tCLl.lSI(lNS ADD"D 8" ENIlOASFJolENT t SPECIAL PRO\I1SIONS !
*Except 10 da:1's for non-payment. Cert.ifica te bolder is named as Additional !
I Insured as respects General Liability.
I
I
CERTlFICA1'E HOLDER
CANCELLATION
CITSA-2
SHOULl> N;Y OF nil" ABOVE DfSCRIlEP POL,OES 5E CANCELl.ED BEFORE THE EJ(I'IRA,IOr,
PATETHEI'lEOF, THE ISSlJlfG INSURER WILL MAIl *30 D"~SWRlnE'"
N01lCE"TO"rnE CERllEK:"n= HOLllffi ~ TO n1E ..En,
city 01 Sant.a Ana
Santa Ana WIA Admin Office
Attn: ADabell 8ate~
1000 E Santa Ana Blvd ste 2CO
Santa ADa C? 92701
-
-- - 1
ACORD 25 (2001108)
@ACORD CORPORAT10N 1988
A 2007 - 10'1
562.943.7606
~~u A~l"~ INC
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PAGe: 62163
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EXH161T B
ADDITIONAL INSURED ENDORSEMENT
Inll\Jrance CoMpany Zurich AmericaD Ins. Co.
-his endQlSl!lT1enl modifies $\ICh ill$unlOce as is aflonled oy Ihe plOVl6iOfl$ of Policy
# 1'P500466922 relaling to the following:
1. Tne City 01 Sanlll Ana. 20 CIVic Center PIaZ8. santa Ana. California
92702; Its o1ftc8r5. emplOyees. agents and volurrteel$ ere nernecl8& add/tiOl1i11 insureds
(additiOnal insureds") wit., regard to lisb1llty a'lli defense of suits arising from the
operatiol'l6 and U&~ ~ u.ed by or on behelf of the namlld insured
2. Will1 respect to claimS arising ou1 oIlhe op8f8uons and uses pe!fOnned 'r:1y
or on behalf at the named insuf8d. such insurance as Is alfonled I)y 11'115 polley is
pnmary end is nol addffiOnlll 10 O' contributing will'l any other in$u"nce carried by Of fat
the benefit of the additional ;n5UflilC\S.
3. This ir'surenatl ,polie8 separately to nc!l il'l6ured against whom clitim is
malle or suit is brOUght ell.Ce(JI witt1 respect to the company'S limit$ of liability. The
indusia'" r:Ii any person or Dl9aniU\lOn as an inSured shall not 8ftec;l any. nghl. which
such person or organiZallOn would have as a claimant if not !iO indueled.
A. Witl'l respect to me additional insuredS. this Insurance snail 'net be
ClII'lceled, or mSlllrially reduced in covel'lllge Dr Ibrits except attet tnirty (30) days writlBn
nolioe has been glY\ln to tI\e City of SeI'1a Ana. 20 CMc Oenlef Plam, Santa Ana,
California 92702 .,
(COmplelion of lI>e following. inolucling col.lnlersigTIalUre, Is l1JqUifed to melee this
endorserT'l!flt elfectiVe.)
Effective \ 2130107 - 12130108
Policy # p.PSOO46(i922
. this Mdol'semenl fQl1'Tl as a part cl
f>,.$ 'to ~l$igned by
~~~O-rr.-P ____
,;.xt4~'" -..
~\S" t. S t>.\\Ol'roe~
. >an\ C'~
f>,sS''i>''
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