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A-2007-197
Contract No.
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
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 Taller San Jose
("CONTRACTOR").
W-I-T-N-E-S-S-E-T-H
Recitals:
A. CITY has been designated a Local Workforce Investment Area (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
~667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under
the Act and the procedures for resolution of any complaints. CITY's procedures for handling
complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall
be followed and any decision of CITY, the State or the federal government relating to the complaint
shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall
operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to
the terms and conditions of employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of
1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of
1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities
Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing
those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California
and CITY have the right to seek judicial enforcement of this assurance.
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 CONTRACTOR are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at the location where CONTRACTOR
conducted the program, as well as in the County of Orange, for the duration of this Agreement and
thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints,
claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b)
costs and expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the three (3) years until resolution of disposition
of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
Government or their representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceN oucher on
CITY's InvoiceN oucher form, showing in detail the amount of money already expended by
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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 (lOth) 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 (l0) days written notice thereof. CONTRACTOR shall either return to the CITY
excess revenues over costs or use such excess revenues as program income by utilizing such program
income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A-
133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days
after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these
requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend
additional grant funds.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal
statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part
97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit 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
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
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in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed one hundred thirty two thousand five
hundred five ($132,505) 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 of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the
City to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter ofthis Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
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WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all applicable
federal and state laws and regulations, including, but not limited to the Performance Standards
(Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC
Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said
applicable laws are hereby incorporated by reference and made as part of this Agreement as though
fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR 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
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
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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 of the 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 of the United States Government and/or CITY. Upon termination of this Agreement,
CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
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
rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
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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.
I. 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 of29
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
I 875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
Environmental Protection Agency ("EP A") regulations (40 CFR Part 15) as any may now exist or be
hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance ofthe 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:
I. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial 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. Emplovment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that
could have enabled such individuals to impact policy regarding or implementation of programs
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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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I. 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 Liabilitv 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 ofInsurance. Certificates and endorsements must be submitted and approved
by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make
no payments under this Agreement until the required certificates and endorsements have been approved
by CITY.
IX.
CORPORATE STATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
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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 writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains
all the covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
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CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
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: (l) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
Page 12 of 14
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:
Taller San Jose
801 N. Broadway
Santa Ana, CA 92701
(714) 543-5105
Telefacsimile (714) 543-5032
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
Page 13 of 14
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 iffully set forth in
the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
ATTEST:
~;,:<-~
Patricia E. Healy
Clerk of the Council
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
~~
n -,
y: Ud,l I
~' David N. Re
City Manager
APPROVED AS TO FORM:
"CONTRACTOR"
BY: /}t-L -~~ )J ~)!~
Na~~. Eileen McNerny r
Title: Executive Director
Tax ID #: 59-3816355
RECOMMEND FOR APPROVAL:
arding
anager for Development Services
Page 14 of 14
Exhibit A
About the Program
Executive Summary
Taller San Jose (St. Joseph's Workshop) is a highly focused. goal-oriented program that
targets young adults, ages 18-28. who are caught in a cycle of crime and poverty and need
marketable job skills in order to become productive self-reliant adults. TSJ focuses on young
people who have dropped out of high school, have been incarcerated or are on probation. and
have a background of gang involvement. Many of our students have parented one or more
children and suffer from drug and alcohol abuse,
Since 199'5, Taller San Jose has helped over 3,500 young people to restructure their lives,
finish their education and develop marketable job skills. In 2006, 350 young adults entered
TSr s education and job-training programs. Program outcomes show that 97% of program
participants will not be rearrested for violent crime, and that 86% of our students who
achieve their program goals will move on to either community college or full-time
employment. The program's success in reaching these at-risk young people is attributed to a
holistic, relational approach. The values of community, dignity and responsibility are woven
into each program and every interaction.
Through its state-of-the-art programs in construction, information technology and medical
career. TSJ prepares undereducated and unemployed youth to successfully transition into the
workforce. Using a combination of intensive classroom instruction, hands-on job training,
and a "real world" work environment, TSJ focuses on the skills employers require on-the-job.
This type of setting assists youth to develop good work habits while providing a structured
environment in which to be successful.
Although TSJ provides programs and services that include all 10 WIA Elements/Services,
TSJ will focus its efforts on WIA Elements/Services 2-10. Youth who participate in any of
the job-training programs and need to complete their secondary education will have access to
the educational resources available at TSJ, TSJ recruits out-of-school youth through a
number of methods including: 1) Community Outreach Coordinator - a full-time staff
member dedicated to recruit efforts, 2) Referralsfrom students - 65% of current students
were referred by a friend or relative involved with TSJ, and 3) Referralsfrom community
partners including: the Orange County Probation Department, the Santa Ana WORK Center,
Centennial Education Center, La Familia, OCCC, Youth Provider Network, Daisy Wheel
Network, and others.
Over the course ofthe next year. TSJ will achieve the following outcomes:
. Recruit and enroll 20 eligible out-of-school youth between the ages of 18-21.
. Provide industry specific training for all eligible youth in one of three areas:
construction, information technology or medical careers.
. Facilitate the placement of75% of youth into jobs above minimum wage.
. 85% of youth will remain employed for a minimum of6 months.
. Increase youth wage earnings by $3,500 or more.
. Maintain a 70% credential rate for youth.
Main Purpose of Program
Taller San Jose (St. Joseph's Workshop) has one focused mission - to walk undereducated
and unskilled young adults out of pover(v through job training that leads to employment
with a living wage.
Sponsored by the Sisters of St. Joseph of Orange, Taller San Jose (TSJ) was established in
1995 in response to the high rate of crime and gang violence among Santa Ana' s youth and
the lack of resources avai lable to youth who had either dropped out of school or been
incarcerated, Young people in Santa Ana. who have not completed high school, who have no
defined job skills. and who have criminal records face a number of significant obstacles, TSJ
addresses these barriers through intensive classroom instruction, hands-on training, and
effective case management to reduce barriers to employment or academic achievement.
TSJ is a highly focused. goal-oriented program that challenges its students to build a
foundation for future sustainability. Through its intensive job-training efforts in construction,
information technology and medical careers. youth acquire essential hands-on skills while
learning how to adhere to basic employment principles such as: showing up on-time and as
scheduled. working as a team member to complete assignments, keeping work areas clean,
safely using all tools and equipment, and properly filling out time cards. The goal is to assist
youth to become economically self-sufficient in a relatively short period of time through
intensive hands-on job training coupled with employability and social development.
Job-training at TSJ takes place over a 15-18 week period depending on the program. During
their job-training, youth participate in work related training four days a week and are
provided opportunities for completing a high school diploma, tutoring, and extra work hours
one additional day each week. Participants in the program are paid $7.75 per hour and
receive certification upon completion of the program. Youth are required to meet the
following qualifications to participate in training:
. Between the ages of 18-28 years of age
. Right to work documents
. Ability to read English at a 6th grade level
. Pass a pre-hire drug screen
There are 19 full-time and three part-time staff members available to youth enrolled at TSJ.
Staff members work with each youth on a daily basis to provide support services, instruction,
and mentoring.
Goals/Objectives and Performance Levels
The primary purpose of TSJ is to provide a means of self-reliance to out-of-school youth
through structured on the job training and work experience. Over the course of the next year,
TSJ will recruit 20 youth. This will be accomplished through active recruitment efforts,
interviewing, assessment, and effective job-training. Like many other community-based
organizations, TSJ actively recruits students through continuous community outreach. Our
records show that 65% of all students are referred by either current or past participants of TSJ
programs. Referrals to TSJ are also generated through the school system, churches,
community organizations, and the probation department.
Although the TSJ program offers all 10 WIA Elements/Services, youth taking part in job-
training and work experience through TSJ will receive services concentrating on WIA
Elements 2-10. Youth who meet the minimum requirements for enrollment will take part in
an interview and assessment prior to taking part in job-training at TSJ. The T ABE
assessment test will be used to identify basic skill deficiencies of each student. Program
components are adjusted to meet the youth basic skills needs as determined by the
assessment. Enrollment activities begin one month prior to the course start date, This is
followed by 15-18 weeks of intensive job-training. Youth who successfully complete their
job-training receive certification proving proficiency in the training program in which they
participated, Certification is given by industry based and accredited organizations. We also
offer a supportive service/counseling sessions.A substance abuse counselor has the
responsibility at Taller San Jose for issues related to education, testing, counseling and
support services related to drug and alcohol abuse. This individual is part of the Support
Services Team and works with other team members to help students address issues that may
threaten their ability to complete program goals and move on to successful employment.
As an organization, TSJ is distinguished by program refinement and continuous
improvement. TSJ uses an established evaluation method including: client surveys, focus
groups, and feedback collected during mentoring sessions to address client concerns. TSJ
program staff meets bi-monthly to discuss and refine exisiting programs and services.
Program Description
Taller San Jose is positioned to serve the older out-of-school youth (18-21) population
through an intensification of its present program with an emphasis on recruitment,
assessment, training, case management, educational opportunities, support and employment
services, Eligible youth have the opportunity to participate in highly focused training in
construction, information technology, and medical careers.
The training model for each of the vocational program at TSJ focuses on three key areas:
Hard Skills Development - work experience, Employability Development - job preparation,
and Life Skills Development - on-going personal development. Over the course of the
training period, youth complete the following curriculum:
HARD SKILLS EMPLOY ABIL TY LIFE SKILLS
Taller Tech . Customer Service i . Anger Management
. Construction (15 wks) i . Employer . Communication &
Career Tech Expectations Listening Skills
Microsoft Office Specialist . Interview Techniques . Conflict Resolution
(16 wks Medical Careers . Job Search Strategies . Drug & Alcohol
. CNA (18 wks) . Mock Interview Education
Front Office . Networking . Goal Setting
. Resume Writing . Leadership
. Workplace Saftey Development
. Personal Finance
. Public Speaking
. Workplace Math
TSJ is not an island. Located in the geographic center of Santa Ana, the program
interacts with numerous educational and social service organizations to accomplish its
goals. TSJ views its role as a strong advocate for the unseen and underserved out-of-
school youth in Santa Ana. Partnerships with local organizations including: the
Probation Department, La Familia; the Regional Occupation Program, the Santa Ana
W/O/R/K Center (SA WC), Santa Ana College (SAC), and the Orange County
Conservation Corps (OCCC) have contributed to the on-going development of
programming and services at TSJ.
SA WC has been a key partner of TSJ over the past several years. Collaboration between
our organizations has included recruitment and referral of clients, participation in
sponsored job fairs, pre-employment workshops, and job referrals and placement.
SA we is in close geographical proximity to the TSJ site and will make its services and
resources available to student and graduates of our work experience programs. SA WC
staff will have an active role in the presentation of job skills to TSJ youth. TSJ will
continue to work with SA we as a center for recruitment of prospective students and a
center for referrals to employment for TSJ graduates.
I. Outreach/Recruitment/Eligibility: TSJ recruits out-of-school and unemployed
young adults (18-28) through the following avenues:
. Community Outreach Coordinator - TSJ employs a full-time staff member
to recruit program participants
. Referrals from current TSJ students - 65% of current students were
referred by a friend or relative involved with TSJ
. Referrals from community partners including: the Orange County
Probation Department, the Santa Ana WORK Center, Centennial
Education Center, La Familia, OCCC, and others.
Eligibility is determined through an application process. Program participants at
TSJ are required to completed an application for employment and provide original
copies of right to work documents. The minimum requirements for enrollment
are as follows:
. Must be between the ages of 18-28 years of age
. Possess valid right to work documents
. Read English at a 6th grade level-
. Pass pre-hire drug screen
2. Intake/Assessment: An assessment of each student takes place prior to training at
TSJ. Youth are interviewed by a staff member and complete a T ABE assessment
exam which determines the basic skills proficiency level of each youth. Program
components are adjusted to meet the youth skill level.
3, Case Management: TSJ attributes its success at reaching and retaining Santa
Ana's undereducated and unskilled youth to a holistic, relational approach to
education and training. The philosophy of the program calls for high interaction
between staff and youth. Staff members focus on making warm and supportive
contacts with youth from the first phone contact/walk-in, through orientation
sessions and throughout the first critical weeks of the student's participation.
TSJ links each student with a Case Manager within one week of enrollment in
job-training. The Case Managers assess individual student risk factors, oversee
attendance, student performance and have long-term responsibility for the
student-apprentices assigned to them. Regular attendance, punctuality, drug-free
behavior, a positive attitude and appropriate dress are viewed as job-ready
behaviors and emphasized on a daily basis.
In addition, TSJ graduates work with an on-site job developer at TSJ to find full-
time employment and enter the workforce and/or enroll in continuing education
coursework after completing training.
4. Program Services: TSJ provides an intensive, multi-level job training program to
prepare young adults to enter the workforce in the areas of general building repair,
carpentry and weatherization. Youth who successfully complete their job-training
at TSJ receive certification from one of the following entities: National Center for
Construction Education & Research, Microsoft, or the State of California,
5. Placement in Jobs or Continuing Education: TSJ has a strong program linking
youth to employment through job preparation workshops, participation in job
fairs, resume preparation, referrals and job coaching. Job resources are networked
through SA We. SA WC staff will have an active role in the presentation of job
skills to TSJ youth.
In addition, TSJ youth who have not completed their secondary education are
encouraged to co-enroll in a high school diploma program offered on Friday and
Saturday. These diploma and certification programs are sponsored through Santa
Ana College/Centennial Education Center at the TSJ education program site. All
educational and leadership training programs sponsored by TSJ can be utilized by
eligible youth on an open-enrollment basis,
A network of more than 50 local employers provide employment opportunities to
graduates. Likewise, OCCC will offer paid work experience and continuing
education to those youth who are not ready to enter the workforce immediately
upon completing their training at TSJ.
6, Follow-up: Providing follow-up to students after they have completed their
planned goals is a key part of the relational model used by TSJ. TSJ is committed
to providing follow-up services including mentoring, job coaching, and support
services to 100% of its graduates. Follow-up services provide a stable foundation
for students to build on as they transition from unemployment into the workforce
and include:
. Providing job placement and referral to youth who achieve certification in
job-training coursework.
. Assisting student apprentices to maintain employment for a minimum of 6
months after placement through ongoing job coaching, mentoring, and
support services.
. Working as a liaison between employers and graduates for a minimum of
90 days after placement.
All follow-up services will be provided to graduates for 12-months after their
completion of job-training activities. Case Managers will provide intensive
support through the first 90 days after placement providing weekly meetings. As
graduates acclimate to the workplace, meetings will happen on a bi-weekly or
monthly basis. .
Facilities
Taller San Jose will provide services at two different locations in the city. Youth
interested in any of these programs can apply at one of the following locations:
Taller Tech - Residential Construction
810 N. Poinsettia, Santa Ana, CA 92701
(714) 569-0940
(714)569-0941 Fax
Hours of Operation: Monday - Friday
8:00AM - 4:30PM
Taller Tech is located in a newly developed 10,000 square foot industrial building. The
space provides adequate room for everything from classroom work to large scale building
projects. TSJ worked closely with the City of Santa Ana, during the development of this
program, to establish this as a suitable site for a trade school. The Santa Ana City
Council approved this usage and provided a variance for all training activities.
Career Tech - Microsoft Office Specialist
Medical Careers
801 N. Broadway, Santa Ana, CA 92701 (714) 543-5105
(714) 543-5023 Fax
Hours of Operation: Monday - Friday
8:00AM - 4:30PM
TSJ offers continuing education programs at its fully renovated site located eight blocks
west of Taller Tech. TSJ has operated at this site since October 1995. It provides a clean
and safe environment supervised by staff.
About the Organization
Description of Proposal
TaLler San Jose (St. Joseph's Workshop) is a non-profit, faith-based organization whose
sole purpose is to work with undereducated and unskilled young adults. Since 1995, TSJ
has worked with more than 3,500 young adults in Santa Ana and the surrounding
communities. TSJ is a multi-service program providing: a high school diploma program,
mentoring and counseling services, life skills, job-preparation, job-placement and job
coaching, bus passes and childcare support as well as vocational programs in
construction, information technology and convalescent nurses assistant.
The typical TSJ student shares seven of the following characteristics:
. Is Latino
. Is between the ages of 18-28
. Has not completed high school
. Is a parent
. Speaks both English and Spanish
. Lives in over-crowded housing
. Is unemployed or underemployed
. Has been incarcerated or has been involved in gangs, drugs, or crime
TS] developed seven core goals for out-of-school youth and all program components
work toward helping students to achieve these ends, Within the period of one year,
students are asked to complete five of the following objectives:
. Obtain a GED or complete a diploma program
. Master basic computers skills
. Attain a driver's license
. Open a bank account and use it
. Stay crime free for a minimum of one year
. Register to vote
. Get a job that pays above minimum wage
TSJ serves as a structured and supportive environment in the center of the city for young
people who are caught in the cycle of poverty and need further training to become
financially independent. Youth are empowered to become self-reliant, productive adults
within one year of their enrollment.
Over the last twelve years, Taller San Jose has been recognized for its work with the
hardest to serve youth and young adults, The program was awarded the Audrey Nelson
Award as one of six programs in the country noted for creative use of Community
Development Funding. Likewise, the Pew Charitable Trust named TSJ as one of 19
programs in the country that it has chosen to research and study. This research project,
Wanted: Solutions for America, has identified programs which creatively address
society's most critical issues.
Due to recent program growth, TSJ implemented a student tracking system which
monitors student attendance, goal setting and achievement, educational assessment and
progress, as well as assisting with recruitment and retention efforts. This information
helps staff target students in danger of dropping out of educational or job training
programs. In addition, TSJ regularly tracks the following data to measure program
effectiveness:
. Number of youth recruited for vocational programs.
. Number of youth who complete courses of study.
. Attendance and punctuality rate for youth.
. Number of youth who enroll in and complete high school.
. Number of youth employed after completion of the program.
. Number of apprentices employed 60, 90, 180, 365 days after job placement.
. Number of apprentices previously incarcerated who remain free of violent or drug
related crimes.
Experience
TSJ serves the educational and job-training needs of the undereducated and unemployed
out-of-school youth population of Santa Ana who have fallen through the cracks of
traditional educational systems. TSJ accomplishes this by providing a comprehensive
package of services including:
1. Provides a high school diploma program for out-of-school. Nearly 500 youth
have successfully completed their secondary education since 1998.
2. Assistance with transition into community college. A transition specialist from
the Santa Ana College works directly with students with completing the necessary
application, registration, and financial aid forms. Students that take advantage of
this resource also receive priority registration for their first semester within the
community college district.
3. In conjunction with ROP, TSJ offers Convalescent Nurse Assistant Training,
which provides 18 weeks of classroom and clinical instruction. Students who
complete this training are eligible for certification by the State of California.
4. Monthly bus passes and childcare vouchers are available to students who maintain
an attendance rate of 90%.
5. All TSJ students 18-28 years of ages are assigned to a case manager on staff.
Case Managers meet weekly with students and assist students with goal setting,
work as an advocate for the student and track ongoing progress. One of the TSJ
Case Managers works solely to help students with unresolved legal issues and
misdemeanors on their records address these so that they do not hinder the
student's advancement into the workforce. Also, a Substance Abuse Counselor
holds a regular 12-step meeting for current students and alumni.
6. Through an extensive Life Skills program, TSJ offers education on topics such as:
parenting skills, physical abuse, drug & alcohol abuse, financial matters, anger
management, staying crime free, job preparation, interviewing, resume writing,
and many other issues.
Key staff for this proposal includes the following:
Sister Eileen McNerney (.10), founder and Executive Director of TSJ. Sr. Eileen has
been a Sister of S1. Joseph of Orange for over forty years. She received her M.A. in
Educational Administration and a M.S. in Counseling Psychology. She is on the Board
of Trustees for St. Joseph's Hospital and is a member of the WIB Youth Council.
Shawna Smith (.20), Associate Director. Shawna has worked at TSJ for seven years
assisting in the development of numerous projects including Taller Tech. She received
her B.A. from Santa Clara University and spent a year working with the Jesuit Volunteer
Corps in Orange County.
Sister Christine Ray (.50), Operations Coordinator. Sr. Chris worked as an administrative
assistant for the woodshop for two years. She received her B.A. in Liberal Arts from
Loyola Marymoun1. She has been a Sister of St. Joseph of Orange for over twenty years
and worked as a chaplain for St. Joseph's Hospital for ten years prior to coming to TSJ.
Daniel Suarez (.50), Construction Training Coordinator. Dan completed his
apprenticeship training and achieved journeyman status with the Carpenters Union after
serving in the Arn1Y during Vietnam. Dan has been a licensed general contractor since
1976. Before coming to Taller San Jose, Dan received certification in Auto CAD design
from MTI College.
Kevin Rhodes (.50), Construction Instructor. Kevin Rhoades assists the Director of
Training with the development and maintenance of training curriculum and program
components and provides hands-on training and classroom instruction in the
fundamentals of construction. Serving as a mentor and role model for students, Kevin
supervises student employees in all training components and works to enforce program
policies related to student attendance and behavior. Kevin has a General Education
degree from Mt. San Antonio College and attended Southern California Carpenter's
Training School before receiving his teaching credential from the University of San
Diego in 2002,
Daniel Tapia (.50), Job Developer. Daniel works to link program graduates to
employment. He has extensive experience in workforce development with the City of
Santa Ana and the Employment Development Department. He holds an Associates
Degree in Liberal Arts from Santa Ana College.
Arturo Guerrero (.25), Case Manager. Art works closely with students with criminal
and/or drug and alcohol issues. He received his B.A. in Psychology from Pepperdine
University. Before coming to TS], Art worked for over twenty years as a federal
probation officer.
Santos Chavez (.25), Substance Abuse Case Manager. Santos works closely with students
who suffer from drug and alcohol addiction issues. The pastor of a local church, in 1989,
Santos started Streetlight Youth Services in neighborhoods where children and young
people are susceptible to drugs and gangs.
Michelle Preston (.50). Program Director for CareerTech. Michele received her B.A. in
Political Science from California State University, Fullerton and has worked in the
nonprofit sector for more than 8 years.
Sister Lisa Iuray, (.50), Case Manager. Sister Lisa is a Sister of St. Joseph of Orange.
She received her B.A. in Communications from University of California, Santa Barbara.
She has more than twenty-five years of experience working with youth and young adults.
Fiscal Capacity
Since it opened in 1995, TS] has demonstrated clarity of vision and credibility in the
community for dealing with hard-to-reach young adults. Ihe program has been funded
by nearly 50 different foundations and over 1,000 individual donors.
Accountability requirements and administrative measures have been developed to handle
reporting requirements and tracking systems for all income and expenses including grants
received by IS] for program purposes. Fiscal data is recorded in QuickBooks Premier
for Nonprofits. There is an accounting manual available upon request which details the
entire system. There is an annual independent audit. In addition, an annual budget is
used to plan expenditures and costs, which is approved by the Board. Financial
statements are prepared monthly, and reviewed by the Executive Director. On a bi-
monthly basis, financials are reviewed by Department Managers, the Finance Committee,
and the Board.
IS] does maintain a procurement policy which states, "The officer, employee or agent
responsible for procurement of services, supplies, equipment or construction shall review
all proposed procurement actions to avoid the purchase of unnecessary or duplicative
items. All services and items will be purchased with consideration of these priorities:
I. Best price
2. Features and quality of the item
3, Willingness to meet billing, delivery, and service needs,
4. Minority or Woman-owned supplier."
(A full copy of this policy is available upon request.)
TSJ is capable of providing monthly invoices for services provided. Costs are
accumulated in the general ledger by account and grant. Cost reports are prepared by the
Controller and forwarded to the Program Manager, who prepares the invoice, and sends it
back to the Controller for review and entry into the system.
(Please see most recent financial statements in the Attachments section of this proposal.)
Sub-Contracting:
Taller San Jose does not intend to sub-contract client services or activities.
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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. I nformation Regarding Complaints ............................................................................................ 2
A. Nondiscrimination and Equal Opportunity Complaints .......................................................... 2
1. Policy Statement................................................................................................................ 2
2. Civil Rights......................... ................................................................................................ 3
3. Nondiscrimination Laws under WIA ...................................................................................4
4. How to File Your Complaint ...............................................................,...............................5
B. Criminal Complaints............. ................................................................................................. 6
II. General Procedures for Handling Non-Criminal Violations of the Act ....................................... 6
III. Procedures for Handling Complaints at the SDA Level............................................................. 8
IV. Procedures for Handling Complaints at the State Level.......................................................... 13
V. Procedures for Handling Discrimination Complaints by Participants....................................... 15
VI. Procedures for Handling Handicap Complaints by Participants .............................................. 16
GLOSSARY OF WIA TERMS........................................................................................................ 18
1
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/M) 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 discrimrnatory
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 Riqhts Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or
religion.
The Aqe Discrimination Act of 1975
Prohibits arbitrary discrimination against persons age 40-70.
The Rehabilitation Act of f 1973
Prohibits discrimination based on handicap.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity
receiving federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Riqhts Act of 1964
Prohibits discrimination in employment based on race, color, religion,
sex, or national origin in all terms and conditions of employment and
establishes the Equal Employment Opportunity Commission as the
administrative agency.
White House Executive Order No. 11246 as Amended 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
Emergency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, political
affiliation, or beliefs.
4, How to File Your Complaint
a. Put your complaint in writing.
b, Have it sworn to before a notary public, if possible.
c. Provides details that tell what happened, where it happened, and when
it happened.
d. Give the name and addresses of all persons who were present or who
had anything to do with the matter.
.. .Complaints on the basis of race, color, or national origin, age, sex,
religion, political affiliation or belief, retaliation and citizenship, must be
filed within 180 days of the alleged occurrence directly with:
Director
Civil Rights Center
U.S. Department of Labor, Room N-4123
200 Constitution Ave., NW
Washington, D.C. 20210
Complaints on the basis of handicap must be filed within 180 days of
the alleged occurrence. These complaints must be filed directly with
the WIA administrative entity. The WIA administrative entity shall issue
a written decision within 30 days of the filing of the complaint. If the
complaint is still unresolved, an appeal may be made to the Chief of
State Workforce Investment Division Office.
The Department of Labor, the Civil Service Commission, the Equal
Employment Opportunity Commission, and many other offices and agencies
are committed to assuring equal employment opportunities for all persons.
They will protect you.
A case may be taken to court if the other processes do not yield satisfactory
results.
You may hire your own lawyer, or if you cannot afford one, the court may
appoint one for you.
5
It is unlawful for an employer, union, or employment agency to punish you or
any witness for attempting to present the facts in a case.
YOUR CIVIL RIGHTS UNDER THE
WORKFORCE INVESTMENT ACT
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
(714) 565-2600
B. Criminal Complaints
In accordance with the WIA (P.L. 105-200) and the implementing code of Federal
section 667.600.... Federal handling of criminal complaints and report of fraud, abuse
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 L WIA.
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 regardinq terms and
conditions of employment of any employee who is not a participant, as defined
herein,
5. If a complaint does not receive a decision at the LWIA grant recipient level
within 60 days of filing the complaint or receives an unsatisfactory decision,
the complainant then has a right to request a review of the complaint by the
Governor.
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 LWIA or its
subrecipients. The hearing officer will be selected from a list of names on file
with the EEO Officer.
2. Full regard must be given to the requirements of due process to insure a fair
and impartial hearing.
3. The hearing office designated by the EEO Officer to function in a quasi-judicial
capacity should begin the hearing by summarizing the record and the issue
and should explain the manner in which the hearing will be conducted, making
sure that everyone involved understands the proceedings. Such explanations
should be adapted to the needs of the specific situation. The hearing officer
might take testimony under oath or affirmation to give some assurance of
veracity to the hearing.
10
4. The burden of proof should be reasonable and flexible, dependent upon the
circumstances of the case involved. The hearing officer determines the order
of proof. Generally, the party making the complaint has the obligation of
establishing his or her case and should be examined first.
5. The party involved should have the right to be represented (at their own
expense) if he/he so desires. Other he/she is limited to his/her own abilities
and those of the hearing officer in obtaining testimony in the case.
6. It is important that the hearing officer obtain the fullest information for the
record. If the parties involved, or their representatives, do not know how to
ask the right or pertinent questions in pursuing their right to due process, it
shall be necessary for the hearing officer to step in to have all the materials
and relevant facts elicited.
7. The practice in informal hearings is generally not to apply strict rules of
evidence in obtaining facts. However, the quantity of evidence required to
support a decision on an issue should be sufficiently credible that the state (or
other appropriate agency), upon reviewing the decision, would conclude that
the decision is supported by substantial evidence.
8. The hearing officei 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
L'v^v'IA'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 L WIA level including audit disallowances and sanctions
shall be reviewed by the State Review Panel. The State Review Panel shall review the
record established at the LWIA level and shall issue a decision based on the information
contained therein.
Complaints which may be initially filed at the State level will be heard by an independent
hearing officer designated by the State Workforce Investment Division (WID). The hearing
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A. Form and Filing of Complaint.
1. Request for State Review of LWIA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory
decision, the State shall provide for an independent state review.
2. Filing of Requests for State Review
The State Review Panel shall review all LWIA level decisions when a request
for review is filed within 10 days of receipt of the adverse decision. Such
requests must be filed in writing with the Chief of the WID Office. The request
for review should contain the following information:
a. Full name, address, telephone number of the party requesting the
review
b. Full name, address, telephone number of the other party
c. A copy of the decision
d. Brief statement of reasons for review or the section of the LWIA
decision to be reviewed including regulatory and statutory citations
e. A statement of the relief sought.
13
3. Complaintant Responsibility
It is the responsibility of the complainant to include in the request for review a
written statement setting forth the facts presented at the LWIA hearing which
support the requested relief.
The Chief, WID, shall mail a copy of the request for review to the other party
and to the LWIA. It shall be the responsibility of the LWIA to submit the
complete record including a typed record of the hearing to the Chief, WID,
within ten (10) days.
B. Conduct of Hearings.
1. Request for Hearing at the State Level
If no decision has been issued at the LWIA level or the State has determined
an audit disallowance or imposed sanctions, the complainant may request a
hearing. The hearing officer will then issue a recommended decision to the
State's Review Panel for final determination.
2. Filing for Request for Review
The request for a State hearing shall be filed within ten (10) days after LWIA
should have issued a decision or ten (10) days after the issuance of the audit
disallowance or sanction. The request shall be filed directly with the Chief of
the WID in writing and should include the following:
a. Full name, address, and telephone number of the party requesting the
review
b. Name, address, and telephone number'of the LWIA
c. Copies of complaints made at LWIA level from which no decisions were
issued or sanctions imposed
d. A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a
designated hearing officer will be scheduled.
14
-
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his/her position, to present
oral and/or written arguments, to examine records and documents relevant to the
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
.
.
.
.
Fi1ing of Complaint / Request for Hearing
Notice of Hearing issued by L WIA
u.,
c:::::,
b
~
c.,
0\
c:::::,
b
~
c..,
Hearing Conducted
L \VIA Decision within 60 days
~
.
.
.
.
Unsatisfactory Decision or L WIA Decision not
issued within 60 days
Within 10 days of
receipt of
unsatisfactol}'
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
u.,
c:::::,
t::J
~
c.,
.
.
.
.
Uno decision issued bv State Review Panel
.
.
.
.
Appeal to DOL
2. In cases where areas of authority overlap, it is the responsibility of the EEO
Officer to advise the complainant of the existence of State, Federal and other
proper action agencies, which may also have a bearing.
3. Complainants alleging discrimination under this part will be made aware of
their right to file directly with the Office of Civil Rights (OCR), U.S. Department
of Labor and applicable procedures.
4. Complainants must file their complaint directly with:
Lydia H. Morgan
EEO Officer
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, Ca 92701
VI. Procedures for Handling Handicap Complaints by Participants
Complaints alleging discrimination on the basis of handicap will be filed and processed
under the Department of Labor regulations implementing Section 504 of the Rehabilitation
Act of 1973 at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWIA's informal resolution
procedures before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file
his/her complaint.
A. Procedures at the LWIA Level
1. The complainant shall file his/her complaint dir,ectly with the Santa Ana LWIA.
Upon receipt of the complaint, the EEO Officer shall investigate and gather
information concerning the complaint.
2. An informal conference will be held with the parties concerned in an effort to
resolve the issue(s). The complainant has the right to be present and may be
represented during the conference.
3. The Santa Ana LWIA shall issue in writing its decision to the complainant no
later than thirty (30) days after the filing of the complaint.
16
B. Procedures at the State Level
1 . The complainant may appeal to the State if he/she is not satisfied with the
decision of the Santa Ana L WIA.
2. The Complainant must file his/her appeal as a request for review directly with
the Chief WID within ten (10) calendar days after the receipt of the Santa Ana
LWIA's decision.
3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days
after receipt of the request for review.
4. After the complainant has received a decision or no decision has been
received from the Director of Employment Development Department (on
behalf of the Governor), the complainant has the right to appeal his/her
complaint within thirty (30) calendar days to the Office of Civil Rights (OCR)
with the Department of Labor.
17
PROCEDURES FOR HANDLING HANDICAP COMPLAINTS
No later than 180
days of alleged
discrimination
Filed within 30
days of
L WIA/State
Decision or 90
days from date of
initial filing of
complaints
Filing of complaint on the basis
Of Handicap with L WIA
Informal Resolution 1
.
.
.
.
Ifno resolution reached
.
.
.
.
Request for Hearing
Notice of Hearing I
Hearing Conducted -j
L WIA Decision I
.
.
.
.
Unsatisfactory Decision or No Decision
.
.
.
.
State Review
Governor's Decision 1
Appeal to Assistant Secretary
Department of Labor
Day 1
Day/45 Day
60 Days
GLOSSARY OF WIA TERMS
AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination
on the basis of age by any program or activity receiving Federal funds.
APPLICANT - An individual who applies to a subrecipient or contract for services provided under
WIA 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, Le., Title VI, Title IX, etc.
PARTICIPANT - Any applicant who has: (1) Been determined eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post-termination
services) funded under the Act, following intake, except for an individual who receives only
outreach and/or intake and assessment services.
19
Exhibit D
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR COr\JTRACTS, GRANTS, LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contracts, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or
cooperative agreement,
2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more that $100,000 for
each such failure.
Grantee/Contractor Organization
I AJ L~lZ- S.A rJ J oJ-t
4L -b~~ /1-~7
N"ame of Certifying Official Signature
Program Title
/7 I
/; ~~ fl 11 if
/ ~. c:~~j /i/1t&v6
! Name
Executive DIrector
Title
04/27 /07
Ihll e
Certification Regarding
Debarment, Suspension, lneligibilitv and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debannent and Suspension, 29 CFR Part 98, Section 98,510, Participants' Responsibilities,
The regulations were published as Part VlI of the May] 6, 1988, Federal Register (Pages
19160-19211).
(Before com pleting certification, read instructions which are all 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 debannent, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
b, Have not within a three-year period preceding this proposal been convicted or
had a civil judgment rendered against them for commission offraud 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 (I)(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.
Taller San Jose
Grantee/Contractor Organization
Exhibit E
Certification ReQarding DruQ-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is
placed by the U.S. Department of Housing and Urban Development in awarding the
grant. If it is later determined that the contractor knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace
Act, the U.S. Department of Housing and Urban Development, in addition to any
other remedies available to the Federal Government, may take action authorized
under the Drug-Free Workplace Act,
CERTlFICA 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/ c2:7 / () 7
f (
ALL ~ jJ,~
Program Operator
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE
REQUIREMENTS
......-r- .-
Name: it/lit!'" Sa/7 ,!05J2,
-
Name of Contractor:
Contractor Number:
Date:
The Contractor shall insert in the space provided below the site(s} expected to be
used for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each
site):
60/ IV !5r()aj';J St-rk ~ G/l 9J-7tf/
'6/0 Af, 4i/JQ' . {jprtf-- ~ OIl- 1~70/
't~ /J. l6;n1Ld-~ ;;'111-<<- ~. {JA ~'7dl
LXL=-:,'~ -: ~
BUDGET FORM
All costs related to the program activities describeci in the proposal must be included on the Budget Form, A
budget narrative must be attached on a separate sheet of paper for all line items marked with an * asterisk.
Administrative
Prol.!ram
Total WIA
MatchlIn
Kind
Personnel
Salaries*
l
!
,
!
$74,105
$74,105
$72,568
]
~
,).
Use separate sheet if necessary,
Benefits*
I.
$0
$0
$70,268
~
o
,),
$74,105
$142,836
$58,400
$58,400
$28,000
$7,600
$35,600
GRAND TOTAL
(T alaI Personnel + Total
o eratin Ex enses)
*See Budget Form Instructions
$0
$132,505
$132,505
$178,436
Note: Audit Requirements
States, local governments and non-profit institutions who receive $500,000 or more in federal funds in a
fiscal year shall meet the audit requirements of the OMB Circular A-133, "Audits of States, and Local
Governments and Non-Profit Institutions,"
31
Taller San Jose
BUDGET NARR~ TIVE 2007-2008
Personnel Expenses
Request
.,,'taflSalaries
Shawna Smith. Associate Director
Dan Suare:: , Instructor
Daniel Tapia, Case Manager
Patricia Rodrigue::, Support Services
(::5)
(30)
(,50 )
(.]5)
518,::9 J
S:: 1.309
S]O.600
S13,905
routh Stipends
JO .vouth :Zi).S ~. ""5/hour (350 hours averager FICA (j (F65)
558.-100
Total Personnel:
S132.jOj
Operating Expenses
Customer Training
Includes project materials, rool belt, hand rools, sa{et)' gear.
book and workbook - 20 vourhZi ~OO each
. -
In-Kind
Other - Uniforms
Includes] shirts. ] pants and work boots (consrruction oniy!
117- Kind
Other - Supportive Services/Counseling
Includes drug counseling and 1:: Step Support Groups
In-Kind
TotalOperatinz:
so
Total Expenses:
S132,jOj
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 I cannot, this proposal will
be automatically rejected, Please initial each box.
120 I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the OINner
of this agency or business to submit thIs proposal
120 We are not currently on any Federal, State of Calif om la, or local Debannent list
120 We will provide records to show that we are fiscally solvent ifneeded.
120 We have. or will have, all of the fiscal control and accounting procedures needed to ensure that WIll.
funds will be used as required by law and contract.
120 We have additional fimding 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, but
are not limited to.
[R] Records accurately reflect actual performance
120Maintam record confidentiality. as required.
120Reporting financial, participant. and performance data, as required.
[R]Comply with State and Federal fiscal and program activity audits
120Complying with Federal and State non-discrimination provIsions
120Meeting requirements of Section 504 ofthe Rehabilitation Act of 1973,
120Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey)
120Meeting all applicable labor law, including Child Labor Law standards
120Agree to provide a drug free workplace.
120Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability
120Coverage in the amount of$1,000,000,OO policy.
120Agree to provide all participants with Grievance Procedures.
120Agree to insure proposer's employees through Workers Compensation Insurance
(mcluding pan-time employees)
120Procurement policies and procedures are in place and meet federal guidelines
We will not:
120Place a youth in a position that will displace a current employee.
120 Use WIA money to assist promote, or deter union organizing,
120Use funds to employ or train of persons in sectarian activities.
120Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used
for sectarian instruction or religious worship.
120Use WIA funds for activities that would interfere with or replace regular academic requirements for
eligible youth who are not dropouts.
120Use WIA funds to carry out programs funded under the School-to- Work Opportunities Act of 1994
unless the program(s) are only for youth eligible to participate under WIll.
120Use WIA money under this contract to purchase any equipment
I h",h, ,,,"CO "..,.11 or "" .h",." 1m,. S ~~ ~. It, ~
, Formatted: Bullets and Numbering
_~~..~iJ_tted:_~u~:~-,,~_~~mbering
" Formatted: Bullets and Numbering
ACORD", CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE
06/28/2007
PRDOUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willie North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blv". ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
INSURED Taller SlUl Jose ..4 -';'007-/97 INSURER A: Alnerican Unity GrOUD Ltd C0929-001
<eo Bouth Batavia INSURER B:
Orange, CA 92666
INSURER C:
INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. N01WITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
Il1f 119H.} TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pgk\9Y EXPIRA TIgN i LIMITS
A ~NERAL LIASIUTY UNI-CGL-07-01-023 6/30/2007 6/30/2008 EACH OCCURRENCE $ 2 000 000
..X- OMERCIAL GENERAL LIABILITY ~~~QfE TO RENT~~n'.' $
- CLAIMS MADE GJ OCCUR MED EXP (Anv on. DorsDnl $
- PERSONAL & AOV INJURY $ 2 000 000
I GENERAL AGGREGATE $ 2 000 000
I -
I
, ~N'L AGGRn LIMIT APnS PER: PRODUCTS, COMP/O? AGG $
POLICY )~T LOC
~TOM06ILE LIABILITY COMBINED SINGLE LIMIT $
I i ANY AUTO lEa accldont)
~ ALL OWNEDAUTOS I
BODILY INJURY $
SCHEDULED AUTOS {Par parson)
, ,
i R ""'""''' BODILY INJURY i$
NON-OWNED AUTOS (Por accldonll
i
PROPERTY DAMAGE 1$
i (Per accident)
~RAGE LIABILITY I AUTO ONLY, EA ACCIDENT 1$
ANY AUTO I OTHER THAN EA ACC $
I
1 I AUTO ONLY: AGG $
~ESSIUMBRELLA LIABILITY EACH OCCURRENCE $
i I OCCUR 0 CLAIMS MADE AGGREGATE $
I , 'f0 FOR1\' $
==i DEDUCTIBLE APPR;~VED A $
RETENTION $ - $
WORKERS COMPENSA nON AND ~1lf I~ IX '-""__- - I T~~~m~;, I IOJ~'
EMPLOYERS' UABILITY ~OZ(A
, ANY PROPRIETOR/PARTNER/EXECUTIVE J- Lorena I E.L. EACH ACCIDENT $
DFFICER/MEMBER EXCLUDED? Atto,.,'e\: E.L. DISEASE. EA EMPLOYEE $
If yes. describe under , "c<;;'lstant C t)'..., ,
SPECIAL PROVISIONS below E.L DISEASE. POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONSILOCA TIONSNEHICLESIEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
The Certificate Holder is named as Additional Insured by endorsement to the policy subject to the
terms set forth in the endorsement.
Taller San Jose, Block Grant - 810 N. l?oinsetta, Santa Ana, CA 92701
CERTIFICATE HOLDER
CANCELLATION
SHOULO ANY OF THE A60VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ~M~IL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF1XQUOUaUlC~XOUtlXllt;lU.LL
ACORD 25 (2001/08)
Coll:202914l Tpl:647050
@ACORDCORPORATION 1988
Santa Ana Work Canter
1000 E. Santa Ana Blvd.
Suite 2000
Santa Ana, CA 92701
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDiTIONAL INSURED. the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s),
If SUBROGATION is WAiVED. subject to the terms and conditions of the policy, certain pOlicies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s). authorized representative or producer. and the certificate holder. nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon,
ACORD 25 (2001/08)
Coll:2029141 Tpl:647050 Cert:9122137
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance 2om!,,,,,y: [',mentan Un,tl' Group LId.
This end~'semen! ~lodi~es such insuranc€ as IS afforded by the provisions of Policy #
!)NI.CGl.C!.I),.023 (1-1460,-00-07: :elating to the following:
1. The C,lj 01 S,,,,:a AI". 20 Civ,c Cenle: Piaza, PO Box 1988, Sant" '.na, Califomia 92702; its
officers er:ll=>ioyeo::s, age::::.:, 'JDlunleers anj representatives are nam!,;-_: as additional Insureds
("additional If)wrMs-) WI:'" regard to Ilablllly and delense of suns ansing from the operations and
uses PCriO!'!~II,:;J bY or on :Jchcd of the named insured
WlI, I ~"~~c! tD GlallT.' 3riSlng oul e,f tne operat,ons and uses performed by or on behalf of the
named 1I1~U:('~, ~"ch InslJlanco as IS afforded by lhi~ policy 16 primary and iE not additional to or
contril)ulin'; '/1":' ~ny olller H1~ur"nce c",,,ed by or for the benefit of the additional insureds.
3. This Ilsurancc: applics separately 10 each insured against whom claim IS made or suit is
brought e",~";' With res~'cc I to the company's Ii:nits of liability. The inclusion of any person or
organizallor. a" an ",swed on~li not affect any fight Wlllch such person 01 organization would have
as a clai.71':l:-:: ~! no: S'J inc.'11ec
WI'I': I('"l~~ct Ie Ii" "dellllDnal IflS01Cds, thiS Insurance shall not be cancelled, or materially
,educed ie, :.",'21<"9r, or 11':,11:; except o!t0r thirty (30) clays written notice has been given to the City
01 Sant8 ;,,,,,.20 C,vic Center Plaza (M-21:, PO Box 1988, Santa Ana, California 92702.
(Cornoll!L
e:froctivc.::
ilk loll" ...Ie;;, includim: countersignature. is required tc ::18ke this endorsement
Endors(-n~:l " i': 1,3
E ftecllvc
[lS!:,IVL' ,.. 06/30/(38 Inl, enclorS0111ent foml as a pM c'
Policy Ii
IJhl,CL' ~;i<11.QnU'146.01..0:~~}1
ISSUC::1 !c
~-..-:.:2~~
f,,;;Ullt:(: 1;'i:'~J~eU
Count<tr.,yned by
( \-cr\ffC'\
\ i'v. ----)B./
Authorize, Represenlalive
ACORD", CERTIFICATE OF LIABILITY INSURANCE Page I DATE
1 of 2 05/18/2007
PRODUCER 877 -945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
W~11is North America, Inc. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
p, o. Box 305191 ,
Nashville, TN 372305191 ! INSURERS AFFORDING COVERAGE NAIC#
,
INSURED Taller Sar~ Jose INSURER A Hartford Insurance Company of the Midwest 37478-001
B 01 N. Broadway A -0<00 ?-/Cf 7 : INSURER B
Santa Ana, CA 92704
INSURER C
INSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD'L
LTR NSRO
TYPE OF INSURANCE
POLICY NUMBER
Pgk1-1Y ~~5g~E I P8k!fd' ~~g<trWN !
LIMITS
1$
GENERAL LIABILITY
c--
c-__r~.QMMERCIA- GENERAL LIABILITY
CLAI MS MADE
i OCCUR
$
PERSONAe & ADV INJURY I $
GENERAL AGGREGATE !$
PRODUCTS - COMPiOP AGG
r
GENe AGGREGATE LIMIT APPLIES PER
~, POLICY ,.\'~8T i LOC
~TDMOBILE LIABILITY
h ANY AUTC
~ AL~ OWNED AUTDS
SCHEDUcED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
I COMBINED SINGLE LIMIT
I (Ea accident"
I BODILY INJURY
! (Per person I
DEDUCTIBLE
I
I BODILY INJURY
1 (Per accident)
PROPERTY DAMAGE
i (Per accident)
: GARAGE LIABILITY
A~Y AUTC
OTHER THAN
AUTO ONLY:
AUTO ONLY. EA ACCIDENT I $
$
$
$
EA ACC
AGG
: EXCESS LIABILITY
Ii OCCUR
, EACH OCCURRENCE
AGGREGATE
1 000
1 000
1 000
000
000
000
A
RETENTIOr-;
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED"
If ves, describe under
SPECIAL PROVISIONS belo~
I OTHER
72WNC93300
5/31/2007
5/31/2008
! X I T~~~ItJNs :
I E.L EACH ACCIDENT
, EL DISEASE - EA EMPLOYEE S
E L. DISEASE. POLICY LIMIT I $
DESCRIPTION OF OPERA TIONS/LOCA T10NSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
To Whom It May Concern
@ACORDCORPORATION1988
ACORD 25 (2001/08)