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Home My WebLink AboutTALLER SAN JOSECity of Santa Ana Clerk of the Council -' AGREEMENT TERMINATION M,1P a1 15 Pit 2. 18 Please complete this form when the attached agreement is no longer in effect Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. 11, Y c'A 3k Cl F No. ,-,,-,960 - oU% wascompletedon and final payment has been made. Revised 12-07-07 Department: [;0 Phone/Ext.: � LyLE `i Signature: Date: 5/ t a f I Q A-2008-227 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERWgN8IL2008 Contract No. 0'. COA/tvIC(z) Ffr( uC` C d o l)0 ) AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18' day of August, 2008 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 LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 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. Page 2 of 14 I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce 45 days of Investment Act Application form (WIA EWIR) and supporting forments n(WIA EWIE) application date; a complete Workforce Investment A ct WIA EWIG and Workforce Investment Act Goals form ( ) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollmenthof trainee; and thn 21 days followi g 30,f60, 90,180orce �270, and Act Follow -Up Contact Information form (WIA EWIF) 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, anuditincords of CONg and TRACTOR ining of CONTRACTOR'S activities, performance, books, documents, papers, 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 applicable, maintain the confidential nature of information provided to it concerning shall, where participants Iaccordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on Page 3 of 14 CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR—Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above -stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (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 (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit 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 Page 4 of 14 not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed one hundred thirty thousand, eight hundred sixty three dollars ($130,863) 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 August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 5 of 14 V. «'ORDER'S C0>NTPENkTI()N AND L) PLOYLR'S RIGI3TS A. CONTRACTOR shall use appropriate funds received front CITE' tc� provide orhert' com}�ensation to all those hires by CO'�TRACTOR under this Agreement. �,. CO �TRACTOF. sh'.1 hGve the ri�aht todirt. dismiss. 01- pro.11nte its empl�� ees or contact persomlel mired under this Agccnien'. so 10n�� a� its hiring o1 dismissal pc,l,�� r tared �d does not violate Title V11' of the Ctvii Rights Aci 0i 96 -Fair Labo1 Standards Act o: 0the1 a��l?'iicable lav and CO VTR ACTOR maintains itself as ar_ Equal Ctptortunit� empl0_,er. VI. _APPLICABLE GUIDELINES A. The parties hereto agree dhai CONTRACTOR shall comply xith all applicable fede_al a��d state la«,s aljd regulations. inc1uding. but not limiter to the Perfonlhance Standards (Ekhibit B + and general program requirements described to Sections I (h and 14I of the Act ('i CSC Sections i�]6 and I��' i and applicable regulations. and the L.S. Department of Labor guidelines and t regulations_ including amendments or rep isions made dui' = the ten��I this _Ag eemenst. Lt, ugh ap>'iica';pie laws are here*,),, incotT�orated b- reference and made as pat-: o. this _�geen_Lnt u� full• se, forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTF ACTOP; aclalo«'ledRes and confirhhs that the t .S. Department e� f0..hatice measure_ for all ��outl� ages 14-=I . Pendil7E �� IA of Labor has establishes th. ee ( p - r) updates. CO��Tr kCTOR a�n-ees to reauthot_zatior. and orL.S. Deparmem of Labor area EDP impiement and shal'_ sheet anv additional performance measures that mal,° be subsequently required by Act 0rbN and other Federal. State. and Iocat la," f CONTRACTOR shall compl_- with Title VII of the Civil Riglhts ,Act o 146%, T.L. S;__;^land in accordance with Title �'Il 0f the -Act. no person shall. on the grounds of race. color. religion. se,,. age. handicap or national origin be-Xciuded from participation tn. be denied the benefits of. or be othe.wise subjected to discnmination under this ^>m-eemem. CONTRACTOR shall compl, with anland all federal laws limiting_ the political activity of employees hived under this A— Bement. CONTR_ACTOP. shall comply with the requirements that no pro�� am under the Act shall involve political activities. RECORD INSPECTIO\. CONTRACTOR shall provide the L.S. Department of Labor and the Controller General. b-y and tlu ou�rl: an,, autho::zed representative. as well as the NVIB Admiiustratiw Office. access to and the right to examine all records_ boola. papers or documents relating to re accountina� and use of funds under this -Agreement for a three- 7ea:- period from and after the effective date of this Agreement. 6. No person «°ith responsibilities in the operation of and progl aln under the Act shall discriminate ,vith respect to any program pa: ticipant or any application for participation in Pane 6 of 14 such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take d information in appropriate languages after considering the reasonable steps to provide services an 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 Page 7 of 14 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 and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in u a DOL Granthe rms of the oant or agreement,lthe author and ent, when copyright - able material is developed in the course of or under 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 antee or a CONTRACTOR purchases subgrant; (b) Any right of copyright to which a grantee, subgr ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. Page 8 of 14 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned es°than two years followhng the teactivities rmination of such pursuant to this Agreement for a period of n l 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 tuber of the Workforce Investment Boardxecutive or employee of o W B)elected official in the area or a voting or non -voting m 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 mprovision e vo�lany business oof services �organr vote iz organization which the on any matter which would provide direct financial benefit to t 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 Page 9 of 14 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. 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. Page 10 of 14 X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, COeNTR ed toOR shall this fully comply with the requirements of the following, whether or no 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. CTO ill comply If any of the foregoing is enacted, amended, fe ation thatit cannot o comply wCITY may with such or will notify CITY after enactment or modification 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. Page 11 of 14 CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. Xv. TERMINATION This Agreement may be terminated by either parry at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. 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: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Taller San Jose 801 N. Broadway Santa Ana, CA 92701 (714) 543-5105 Telefacsimile (714) 543-5032 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 13 of 14 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above -written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: 4Cynt J. Nelso Deputy City Manager for Development Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" B, David N. Ream City Manager "CONTRACTOR" BY: WShawna Name: .Smith Title: Executive Director Tax ID #: 59-3816355 Page 14 of 14 Exhibit A About the Program A. Executive Summary _am that targets Taller San Jose (St. Joseph's Workshop) is a highfocused! of gand poverty and need marketable ori young adults, ages 18-28, who are caught in cycle job skills in order to become productive self-reliant adults. Colunt ler Saoutosof povertyaethrdough a unskilled and unemployed youth in Central Orange ) uses on g people comprehensive and strategically designed `o beennn inIng carcerated grad or ase on probat on, and have a who have dropped out of high school; have background of gang involvement. Many of our students have parented one or more children and suffer from drug and alcohol abuse. Established in 1995 by the Sisters of St. Joseph of Orange, Taller San Jose has helped nearly 4,000 high -risk young adults. ages 18 to 28, restructure their d inclives readsed vouthrelop s success at kills. The program has consistentl reduced criminal recidivism securin living wage employment with corresponding helps students develop healthbo self-reliant adults through hienefits. Taller San Jose is a ghly focused, goal oriented program that key job -training academies —Office Careers, Medical Careers and Construction —as well as support services such as mentoring, legal assistance comblete tleabuse e following counselsevlen and jgoalsoobtam a placement. Taller San Jose challenges students to p high school diploma; open and use a bank account; enrollin e and obtain computer a valid driver's oplicensse. above the minimum wage; remain crime free; register Long-term life changes for Taller San Jose graduates include: �o of studentsents are not whocomplete their for violent crime as long as 3 years post -graduation, a program goals move on to full-time employment beyond minimum walegcommunitys attributed to a holistic, college. The program's success in reaching these at -risk young p p relational approach. The values of community, dignity and responsibility, are woven into each program and every interaction, TSJ provides programs and services that include all 10 WIA Elements/Services, through Although will focus its efforts on WIA Elements/Services-10. TSJ recruits out -of -school youth a number of methods including: 1) Community- Outreach 65 %ooficurrent students ere referred by ff member dedicated to recruit efforts, 2) Re fer pals from students a friend or relative involved with TSJ, 3) Refer°rals a WORK Center, Santa Ana Regional Orange County Probation Department, the Santa AnOCCC, Youth Provider Occupation Center (ROP), Centennial Education Center, La Familia, Network. Daisy Wheel Network, and others, and 4) local newsprint publications such as the free Pennysaver. Over the course of the next year, TSJ will achieve the following outcomes: - • Recruit and enroll 22 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, office careers or medical careers. Facilitate the placement of 75% of youth into jobs above minimum wage. 85% of youth will remain employed for a minimum of 6 months. Increase youth wage earnings by $3,500 or more. Maintain a 70% credential rate for youth. 1 Main Purpose of Program B. Main Purpose of Program Taller San Jose (St. Joseph's Workshop} has one focused mission —to �'young a�dself-reliantl8iant out of poverty through job training programs that offer the hope of a productive future. Young people in Santa Ana, who have not completed d high ficant obstacles. TSJ addresses job skills, and who have criminal records face a number g hands-onnd ult Chievem these barriers through intensive classroom instructs ae t gltas a highly focused, mentoring to reduce barriers to employment or academic goal -oriented program that challenges its participants to build a foundation for future sustainability. medical Through its intensive job -training efforts in construction, office adhere to basdi emplo} mentrs, youth acquire essential hands-on skills while learning how to principles such as: showing up on -time and as scheduledoo working as pment, and properly fiam member to lling assignments, keeping work areas clean, safely using all q n out time cards. The goal is to assist youth to become economic self-sufficient relatively ployability and short period of time through intensive hands-on Job training coipled with em social development. Job -training at TSJ takes place over a 16 week period. During job -training, participants train four days a week and are provided opportunities for completing a high school diploma,mentor- fourtutoring sessions, and support services such stilendtep meetings. for the durationofthe r parts pation are interns of Taller San Jose and paid a monetary p in the program. Interns receive a $100 per week stipend fesbass oval behavd on norpteamworlc a d work rogram benchmarks, workplace standards for attendance and punctuality, p graduates are assisted inethic. Upon completion of the training component of the program, g locating full-time employment at above minimum wage. By simulating the workforce, TSJ provides an environment lls in high growth industries and loe young adults cate communities after incarceration are able to develop gant meaningful employment. In addition to offertheir g restructurelives, finish their educaJ surrounds the tion and with crucial support services that allow them develop marketable job skills. This approach to rehabilitation is a result of trial and evaluation working with this population over a number of years Taller San Jose employs twenty-four full-time and one part-time staff, with an additional TSJ- three part-time ROP/Centennial staff membeila is to members work with each youth on a daily bas provide support services,instructionaff training, and mentoring. Eligibility is determined through an application process. Program copies ti ip httto e rlcq ireddments. to complete an application for employment and provide original cop g The minimum requirements for enrollment are as follows: i. Must be between the ages of 18-28 ii. Possess valid right-to-work documents iii. Read English at a 6`" grade level (office and medical careers pJ ograms only) iv. Pass pre -hire drug screen 2 dereducated and TSJ attributes its success at reaching and retaining Santa training.0 The pli philosophy of thelprogram lled youth to a holistic, relational approach to education a calls for high interaction between staff and participant. theStaff first phone bers cont �t/walk-incus on athrough� and supportive contacts with each parse firm 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 attendance, student dent performance in job -training. The mentors assess individual student risk factors, oversee m responsibility for the student -apprentices assigned to them. Regular and have long-terres punctuality, drug -free behavior, a positive attitude and appropriate dress are viewed attendance, g on a daily basis. In as job -ready behaviors and emphasized a enterahe workfor TSJBrand/or ework nroll in it an on -site job developer to find full-time employment an continuing education coursework. Providing follow-up to students after they have completed their ofollow-UP planned ngoa ls i i servicesincluding key of the relational model used by TSJ. TSJ is committed to providing s to 10 mentoring, job coaching, and support service ass thev services transition from unemployment into provide a stable foundation for students to build on the workforce and include: • Providing job placement and referral to participants who achieve certification in job -training coursework. • Assisting participants to maintain employment for a minimum of 12 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 e graduates for througho the first s after 1r completion 90 days after of job - training activities. Staff mentors provide intensive support placement. As graduates acclimate to the workplace, meetings roof of employment atee0land 90 days/ basis. Alumni Incentives ($10 gift cards) are given for p after placement. Goals/Objectives and Performance Levels The primary purpose of TSJ is to provide a means of elf -reliance to out -of -school youth ver the course of the next year, TSJ will rough structured on the Job training and work experience. recruit 22 youth. This will be accomplished through an otherlcommunity-basedecruitment oorgani organizations, assessment, and effective job -training. Like m } actively recruits students through continuous comm uahic ant of TSy outreach. OJ progrur oamsrds show that 6�% of all students are referred by either current or past p p Although the TSJ program offers all 10 WIA Elements/Services, youth taking part in jobtraining and work experience through TSJ will receive services concentrating on WIA Elements 3-10. Youth who meet the minimum requirements for at enrollment TABS assessment test be used to erview and assessment prior to taking part in Job -training TSJthe identify basic skill deficiencies of each student. sm nt. Enrollment activaiestbeg n onemeet month youth basic skills needs as determined by the asses prior to the course start date. This is followed by 16 weeks of intensive job -training. TSJ provides an intensive, multi -level job training program to prepare young adults to enter the 3 ing at TSJ workforce. Participants who successfully complete theCons ruction Education &`Research (aion from one of the following entities: National Center for g Certi ort or the State nationally recognized employer driven certification program), p (Microsoft),( of California. nuous improvement. As an organization, TSJ is distinguished by program refinement surveyds, foculs groups,, and feedback TS.I uses an established evaluation method mcludmg collected during mentoring sessions to address client crn. TSJ program staff meets bi- monthly to discuss and refine exisiting programs and services. to TSJ's job -training programs simulate the workforce and strive ime through int g. adultsive . ngecome economically self-sufficient in relatively short period o and social development. youent principles i les suts ch uire essential hands-on coupled with employability ch as: showing up every skills while learning how to adhere to basic employment p w day, on -time, drug -free and ready to work. TSJ challenges students to complete the following seven goals: 1. Obtain a high school diploma 2. Open and use a bank account 3. Get basic computer skills 4. Find a job with a living wage (above wage) 5. Remain crime free and drub freefor one year 6. Register to vote 7. Obtain a valid driver's license TSJ recently implemented a student tracking system which monitors rs adent assisting with goal setting and achievement, educational assessment and progress, recruitment and retention efforts. This information helprs staff addition, target students in drly tracks the dropping out of educational or job training programs. following data to measure program effectiveness: • Number of participants recruited for training programs • Number of participants who complete courses of study • Attendance and punctuality rate for participants • Number of participants who enroll in and complete high school • Number of graduates employed after completion of the program • Number of graduates employed 60, 90, 1g0, 365 days after job placement • Recidivism rate for those previously incarcerated Taller San Jose strives to move young people out of poverty and on to employment with a living wage and benefits while maintaining a crime -free lifestyle Program Description D. Program Description o ulation through Taller San Jose is positioned to serve the oldleau emphasis on recruitment, assessment, training, an intensification of its present program case management, educational opportunities, support and employment services. Eligible youth have the opportunity to participate in highly focused training in construction, office careers, and medical careers. G thi ee key areas: Hard The training model for each of the job training tracks focuses c n job preparation, and LifekSkills Development — work experience, Employability, Development Development — on- going personal development. Over the course of the training period, participants complete the following curriculum: Taller Tech (16 wks) ■ Construction Pre - Apprenticeship ■ First Aid Certification office Careers (16 wks) ■ Business Services ■ Microsoft Certification Medical Careers (16 wks) Patient Navigation CAA certification +All programs incorporate basic skills development ■ Customer Service ■ Employer Expectations ■ Interview Techniques ■ Job Search Strategies ■ Mock Interview ■ Networking ■ Resume Writing ■ Workplace Saftey ■ Anger Management ■ Communication & Listening Skills ■ Conflict Resolution ■ Drug & Alcohol Education ■ Goal Setting ■ Leadership Development ■ Personal Finance ■ Public Speaking Taller San Jose is not an island. Located in the geographic center of Orange County, California, the program interacts with numerous governmental, educational and community based organizations to accomplish its goals. Taller San Jose views its role as a strong advocate for the unseen and underserved youth in Orange County. Partnerships with local entities include: the Orange County Probation Department, Department of Corrections and Rehabilitation, the Regional Occupation Program, the One -Stop Center, Santa Ana College, and the Santa Ana Workforce Investment Board (WIB). SAWC has been a key partner for TSJ over the past izations has included recruitment and referral of several years. Collaboration between our organ clients, participation in sponsored job fairs, pre -employment workshops, and job referrals and placement. SAWC is in close geographical proximity ll make SAWC staff its services and resources available to student and graduates of our work experien e programs. will have an active role in the presentation of job skills to TSJ youth. TSJ will continue to work with SAWC as a center for recruitment of prospective students and a center for referrals to employment for TSJ graduates. Outreach/Recruitment/Eligibility: TSJ recruits out -of -school and unemployed young adults (18-28) through the following avenues: a. Community Outreach Coordinator — TSJ employs a full-time staff member to recruit program participants — b5% of current students were referred by a b. Referrals from current TSJ students friend or relative involved with TSJ c. Referrals from community partners including: the Orange County Probation Department, the Santa Ana WORK Center, Centennial Education Center, La Familia, OCCC, and others. 5 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: d. Must be between the ages of 18-28 years of age e. Possess valid right to work documents f. Read English at a 6`h grade level (of and medical careers Programs only) g. Pass pre -hire drug screen IntakeXAssessment: An assessment of each student takes place prior to training at TSJ. Youth are interviewed by a staff memblee`an of eacpletoeutlT PBogram componentsnt areare which determines the basic skills proficient} Y adjusted to meet the youth skill level. Case Management: TSJ attributes its success at reaching and retaining Santa Ana's outh to a holistic, relational approach to education and undereducated and unskilled y training. The philosophy of the program calls for high interaction between staff and making warm and supportive contacts with youth from youth. Staff members focus on 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 an adult staff mentor within one week of enrollment in job - individual student risk factors.. oversee attendance, student training. The mentors assess ility for the student -apprentices assigned to performance and have long-term responsib 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 construction, office careers and medical careers. Youth who successfully complete their job -training at TSJ receive certification from one of the following entities: National Center for Construction Education & Research, Microsoft, Certiport, or the State of California. Placement in Jobs or Continuing Education: TSJ has a strong program linking participants to employment through job preparation workshops, participation in job fairs, resume preparation, referrals and job coaching tlud Director and �o un pnrty resourcessces uch works full time as a liaison between employe as the One -Stop Center to ensure that program graduates locate employment within 30 days of graduation from TSJ. Participants are taught to job search throughout their training and are required to submit a minimum of 10 resumes per week during the last month of training. A network of more than 65 local employers provides employment opportunities to graduates upon their completion of training at TSJ. In addition, TSJ participants who have not completed their secondary education are encouraged to co -enroll in a high school diploma program offered in the evenings and on I Friday and Saturday. These diploma and certification programs are sponsored through the local community college, Santa Ana College Office of Continuing Education. TSJ staff work with Continuing Education staff to monitor participant progress and meet educational goals as appropriate. Follo,A,-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: a. Providing job placement and referral to youth who achieve certification in job - training coursework. b. Assisting students apprentices to maintain employment for a minimum of 6 months after placement through ongoing job coaching, mentoring, and support services. c. Working as a liaison between employers and graduates for a minimum of 90 days after placement. All follow-up services will be provided to graduates for 12-months after their completion of job -training activities. Staff mentors will provide intensive support through the first 90 days after placement providing weekly meetings. As graduates acclimate to the workplace, meetings will happen on a bi-weekly or monthly basis. Facilities E. Facilities Taller San Jose will provide services at two different locations in the city. Youth interested in any of these program can apply at one of the following locations: Taller Tech — Construction 569-0941 Fax 810 N. Poinsettia, Santa Ana, CA 92701 (714) 569-0940 (714 ) Hours of Operation: Monday — Friday 8:OOAM — 4:30PM Taller Tech is located in a 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. office Careers Academy & Medical Careers Academy 901 N. Broadway, Santa Ana, CA 92701 (714) 543-5105 (714) 543-5023 Fax Hours of Operation: Monday — Friday 8:OOAM — 4:30PM enovate ste cated eiht TSJ offers continuing education programs at its fullober 1995. Itlprovides a ce an and safeest of Taller Tech. TSJ has operated at this site since Oct enviromnent supervised by staff. Hq- About the Organization Description of Proposer Il. About Your Organization A. Description of the Proposer Taller San Jose (St. Joseph's Workshop) is a non-profit, faith -based organization whose sole purpose is to work with undereducated and unskilled young adults. Since 1995, TSJ has worked with more than 3,500 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 s uctron, office careegs andpasses and medical areerdcare support as well as vocational programs in con 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 ram TSJ developed seven core goals for out-of-school VJithin the periodrogone year, students are asked nents work toward helping students to achieve these ends. 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 thirteen 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. Most recently, Sister 9 Eileen McNerney, TSJ Founder and Executive Director is a recipient of the acclaimed 2006 James Irvine Foundation Leadership Award. ors Due to recent program growth, TSJ implemented edu ant trackinsystem which onal assessment and progress, well student attendance, goal setting and achievement, t as assisting with recruitment and retention efforts. This informa to heips staff n addon, TSJ regulget st ld t acl s danger of dropping out of educational or job training prog 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 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 B. Experience TSJ serves the educational and job -training needs of the lunodeleugh dhe cracks of ucated and unetradimployed out -of- school youth population of Santa Ana who have faollena comprehensive package of services educational systems. TSJ accomplishes this b} p'ding including: y 500 youth 1. Provided a high school diploma program for out-of-school since 1998.0Program lwas suspended in successfully completed their secondary education Fall 2007. Taller San Jose now partnersloareenrolled incoursework at with Marketplace Educational Center thep enter. ensure that students in need of a high school diploma ion into community coer neclespecialist sary appl atione Santa 2. Assistance with transit Ana College works directly with students incompleting the registration, and financial aid forms. Studeest rnts twithin take dthen ommunrty college distrtaof this resource �ct. receive priority registration for their first s Training irst ;. In conjunction with ROP, TSJ offered two levels of classlinicalscent sinstructionffor level and acute care) which provided 18 weeksroom and c more than ten years. Students who completed this eceing are mber 200%t ohe for certibetter servie catiothen b}' the State of California. Program was suspended in D training needs of the local healthcare industry. dical 4. Newly launched Medical Careers Academy. equipm' troler San Jose launched the ub troubled young adult or entry-level Careers Academy on March 3, 2008 positions in healthcare. This program answers a specific need in the healthcare industry for administrative and entry-level clinical personnel. 5. Monthly bus passes and childcare vouchers are available to students who maintain an attendance rate of 90%. 10 6. All TSJ students 18-28 years of ages are assign��san advocate for the student dtaaadult Adult mentors assist students with goal setting and Mentors meet weekly with students and track ongoing progress. TSJ offers ion on such 7. Through an extensive Life Skills programalcohol abuse�fmancial rn tters,sange as: parenting skills. physical abuse, drug management, staying crime free, job preparation, interviewing, resume writing, and many other issues. S. Employment Services & Alumni Services link students.. ade a.es, and alumching i with local employers and provide students with ongoing employment at includes job -readiness workshops; job placement, alumni events, resume building, interviewing skills and confidence building that helps them remain employed and focused on career progression. Key staff for this proposal includes the following: David Saldana (.50),.Grant Manager/ Student Services. the David years. Most has stbeen serving youth (in both the volunteer and professional roles) Past 10 David was a House Manager (for approximately 2 years) for a boa grouptended Cale whereate h University supervised a household of 6 foster youth along with his of Long Beach and received his B.A in Psychology and since then has had the passion of serving at -risk or troubled youth. Michele Preston, (.30) Program Manager. Michele received her B.A. from California State University, Fullerton in Political Science. She has ies.eMichele has been onr ten years cst ff ae in tTaller Sector in both program and administrative capaci Jose since November 2006 and continues to focus on enhancing the Office Careers Academy program. ht years n both Kevin Rhoades (.30) Instructor Kevin has been an instructor hro ch the University of SaniD ego, public and private schools. Kevin has a teaching credential g Kevin has more than fifteen years of construction experience and has worked as a union commercial carpenter, Operations Manager, and Project Manager for public and private works. Provides strong mentoring and practical construction experience and training. Susan Ortiz (.30) Case Manager Susan has been an activities coordinator at AVIVA Family and Children's Services, she is also ogram for risk teen living in a ivitie part of a team that helps plan and develop a day treatment pres in the areas of job residential facility. Susan's essential duties include coordinating act training, recreation, and day treatment. From 2005-2007 Susan was a case manager at Pathways L.A., she was responsible for taking incoming calls of prospective clients, assessing their needs for childcare subsidy program funded by the California Department of Education (CDE). Susan's academic qualifications include a B.A. in Sociology and A.A. degree in Liberal Arts. Maggie Gilliam (.20) , Employment Services. Maggie has a B.S. in Finance from Cal State Long Beach and fifteen years experience as a sales and marketing professional in the oil and 11 petrochemical industry. Maggie served as both the National Sales Manager and E-Business Manager. She currently volunteers as a Court Appointed Special Advocate (CASA) for foster youth and has worked as a Volunteer in Probation at juvenile hall Patricia Sanchez Rodriguez,(.20) Support Services. Patricia has been on staff at Taller San Jose for almost 10years. She received her Bachelors Degree in Psychology and Minor in Criminal Justice. Patricia also received her M.A. in Counseling with an emphasis in Marriage and Family Therapy. She is now an MFT Intern workingizat' such the California Association of Fancily Therapy. She belongs to professional organ Marriage and Family Therapists and the American Association of Marriage and Family Therapists. Shawna Smith (.25), Program Director. Shawna has worked at TSJ for eleven 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. Fiscal Capacity C. Fiscal Capacity Since it opened in 1995, TSJ has demonstrated clarity of vision and creditabilityin the community for dealing with hard -to -reach young adults. The program has been funded by nearly 75 different foundations and over 1,250 individual donors. Accountability requirements and administrative measures have been developed to handle reporting requirements and tracking systems for all income and expenses including grants received by TSJ for program purposes. Fiscal data is recorded in QuickBooks Enterprise. There is an accounting manual available upon request which details the complete 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 of Directors. 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 of Directors. TSJ does maintain a procurement policy (attached) 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: 1. Best price 2. Features and quality of item 3. Willingness to meet billing, delivery. and service needs. 4. Minority or Woman -owned supplier. TSJ is capable of providing monthly invoices for services provided. Costs are accumulated in the general ledger by account and grant. Cost reports and invoices are prepared by the Controller. (Please see most recent financial statements Attachment G). D. Subcontracting sub -contract client services or activities. Taller San Jose does not intend to 12 Exhibit B YSPN MEMBER WORK PLAN 2008-2009 List below the objectives of your project, the activities to accomplish those objectives, the organization responsible for the activity, and the start and completion date. Use as many pages as necessary. START END OBJECTIVES ACTIVITIES Outreach/ Recruitment/ . Distribution of flyers and presentations at community centers Eligibility . Attendance at PAC meetings, ■ Student referrals ■ Print Media / Penny Saver Intake/Assessment ■ Application for work and/or pre-screen via telephone ■ Interview participants, drug test, and assessment Case Management ■ Assess obstacles to employment and begin short-term and long-term goal setting activities ■ Each student is matched to a Case Manager on staff who challenges them to complete the following seven goals: Obtain a high school diploma; Open and use a bank account; Get basic computer skills; Find a job with a living wage; Remain crime free and drug free for one year; Register to vote; and, Obtain a valid driver's license. ■ Weekly life skills classes are dedicated to helping apprentices RESPONSIBLE ORGANIZATION Taller San Jose and community partners Taller San Jose and St. Joseph's Hospital Taller San Jose DATE DATE 7/2008 1 6/2009 7/2008 1 6/2009 7/2008 1 6/2009 t confront key issues that pose barriers to their advancement, including: domestic violence, relationships, parenting, health and financial literacy. Students who are experiencing more serious issues are referred to our on -site director of support services ■ Substance Abuse Case Manager runs weekly 12-step support groups for current students and alumni. ■ Case Manager for Legal Issues —a former Federal Probation Officer— walks students through the court system to help them address misdemeanors on their records that pose as barriers to employment. ■ Track employability standards of punctuality and program attendance Taller San Jose, SAC, 7/2008 6/2009 Program Services ■ Provide 16 weeks of intensive job -training CEC, ROP o Construction- Apprentices acquire essential hands-on skills in the building trades while learning how to adhere to basic employment principles. Led by a Licensed General Contractor and two credentialed vocational instructors, training focuses on the fundamentals and incorporates: safety awareness and training, industry related math proficiency, construction theory, hands-on experience, adherence to attendance policies, mentoring, job coaching, and leadership development. Apprentices participate in two hours of daily math training. Classes concentrate on the algebra, geometry and trigonometry needed for basic construction principles, such as estimating material costs, reading blueprints, rough carpentry, and so forth. Upon enrollment, instructors assess students' math abilities; on average students test at a 6`h grade level. Upon program completion, students experience an average increase of two grade levels. Once students learn concepts in the classroom, they move to the lab for hands-on training and ultimately build a home from the ground up. U on ro ram com letion, eachgraduate is awarded a fully- equipped tool belt to bring with them to their eventual job site. o Medical Careers- Taller San Jose's Medical Careers Academy trains young people to work in broad areas of healthcare, especially where office skills and customer service are priorities and in situations where the ability to speak a second language is required. Classes include basic computer as well as additional training with Medisoft, a standard industry software used in most private medical practices. Students learn business office skills such as keyboarding, record - keeping, telephone techniques and communication skills. Program emphasis is on medical terminology, health insurance, customer safety, computer skills, health safety and professionalism. Graduates of the program will be ready for employment in the following roles: Medical Front Office; Unit Secretary; Admitting Clerk; Administrative Assistants in clinics, ambulatory and acute care facilities; and, Certified Application Assistant. o Office Careers Academy - This program trains and certifies students in Microsoft Office and Excel and prepares graduates for employment as administrative assistants, receptionists and data entry specialists in local companies. Business Skills training is woven throughout the curriculum and incorporates customer service, presenting Power Point presentations, working with Outlook, writing business letters and professional etiquette. Every student participates in mock interview sessions with local business professionals prior to graduation. ■ Transportation and childcare assistance as needed Network, 7/2008 6/2009 Placement in Jobs or ■ Local union apprenticeships/recruitment site Employer ContinuingEducation Taller San Jose, SAC, Employment Services links students, graduates, and alumni with ROP, CEC, AGC local employers and provides students with ongoing coaching that includes resume building, interviewing skills and confidence building that helps them remain employed and focused on career progression. ■ Transition assistance into Santa Ana College ■ Referral to High School completion programs/ Adult School Follow-up- ■ Ongoing adult mentoring, job coaching, employment services and Employer/Student support services ■ Tracking students at each quarter post exit. o Cash incentive at 30 days and 90 days Taller San Jose 17/2008 16/2009 4 Exhibit C COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area July 1, 2001 Table of Contents Co taints... .................................... ........... ............... I. Information Regarding P .•................... Complaints ...................... opportunity Comp •••' ........... A. Nondiscrimination and Equal Opp y 2 1. Policy Statement................................... ................................ 2. Civil Rights ......... ............... 3, Nondiscrimination Laws under WIA............................... .................... 4. How to File Your Complaint ................................ ............... ... 6 .. ................... B. Criminal Complaints .................................................,•.••..•.••_•6 IL General Procedures for Handling Non -Criminal Violations of the Act ............................. ........... Level ••'••""" III. Procedures for Handling Complaints at the SDA ............••••"""" .................. State Level ....................... IV. Procedures for Handling Complaints at the 15 v, Procedures for Handling Discrimination Complaints by Participants ........................ complaints by Participants ••••••"""""" ...................... VI. Procedures for Handling Handicap P 18 TERMS............................................ .......... GLOSSARY OF WIA �•�••�•••••••"" 1 I. Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints Policy Statement of In carrying out the purpose of the Workforce Investment IA will establishAct )programthe s to Santa Ana Local Workforce Investment Area ( ) prepare youth and unskilled adults for entry into barr ersboremp employment. Every force and to afford job training to those individuals facing serious effort will be made to provide services necessary for eligible individuals to obtain productive employment. Ip n im lementing WIA, all contractors in the Santa Ana LWIA wilFederal fosteeequal opportunity and non-discrimination, as provided inState and 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 sex nat o� al 'th ay r g nn age, handicap, or nded program because of race, color, religion, , political affiliation or belief. Participation in programs and activitiesfinationalsof the United t d Statenancially assisted in whole d lawfully n part under WIA shall be open to citizens and admitted permanent resident aliens, lawfully admitted dto worke, parolees the ted and other individuals authorized by the Attorney General 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. Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana Local Workforce nt Area. Equal opportunity and non-discrimination, however, will only be achieved hroughleaderhipand opportunity Program. implementation of a viable Affirmative Action Equal Opp Y g 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) Programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that - for any of the characteristics listed above: You may not be denied the opportunity to enroll in WIA. No benefits or services may be denied you for discriminatory reasons. You may not be segregated or treated any differently from other applicants or participetlts, while or t sted; or while you areyou are being iworka interviewed, counselg 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. 9 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40-70. The Rehabilitation Act of f 1973 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Act of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms c otions of opportunity Commission astthed establishes the Equal Employment administrative agency. ve Order No. 11246 as Amended by Executiv 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. El 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 be filed within must b filed directly 8days with the alleged occurrence. The complaints the WIA administrative entity. The WIA administrative entity shall issue a written decision within dan of tfiling the made tocomplaint. the Chief oof complaint is still unresolved,appeal may be 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 comphe laints ltaints and implementing code of eport of frauderabuse al section 667.600.... Federal handling of criminalP 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. t1. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements Title f and Sethe dCtion e of Federal Regulations, Section 667.600 through 667.E40 of the WIA regulations, the State and 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at LWIA level for the receipt, investigation, hearing, nd res financial dn of co plaints by WI unions, participants, subrecipients, applicants for partpa community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient and conditions greements, or of employment such her specific agreements under the Act, including m participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to with WIolve matters which A programs operated concern policies, procedures or action(s) arising in connection 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 X rant recipient procedures do not restrict the LWIA g 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 o80ays of the Crdm nal activity. alleged occurrence, except complaints alleging fraud 2. All persons filing a complaint shall be free from e to informallyrresolvepheal, or discrimination. Good faith efforts shall be Complainants have the right to complaint prior to the scheduled hearing. withdraw their complaints (in writing) at any time prior correct tto the haring. but complainant may amend his/her complaint not to add issues. 3. Complainants shall have the right to be represented process. t their own expense by person(s) of their choosing at all levels of complaint 4. Upon enrollment into employment or training, participants rticip ntn hall be epro their provided with a written description of these procedures, right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of so participants, may use this or other complaint npro edulution drerthey are oas the participant is informed of the complait resolution follow and the time frames governing review of complaints are met. ividual who A "participant", within the meaning of these nderraCe ogram'fundeds an dby San a Ana receives employment -training services u , P LWIA. The Complaint Resolution Procedures ma c�se)'ned shalhbe avaerein ilable to r the alternative procedures which an employerY participants to resolve disputes regarding items and conditions Howeveof employment programs. Of such participants in employment training rocedures shall not be used to resolvsuch neye who is notrainartecmant, as definec rnnditions of employment of an em I herein. 5. If a complaint does not receive a decisionat etives athe n IA gatisfactorant 'ry pient decision, lion, level within 60 days of filing the complaint o the complainant then has a right to request a review of the complaint by the Governor. 7 6. Complainants must initially file and exhauster IA grant the State determines aring procedures prior to appealing to the State p 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 LWIA Pursuant to the WIA regulations found si 20 Co conduclt hearings and on 667.600, the administrative entities have the responsibility to cms complaints made by individuals about the administration of progra ersi twh ch the "LWIA level" encompasses LWIA administrative entityThe following andadministrative entity has delegated the complain' resoluttion pr ocn with WIA programs comprise the guidelines for resolving issues arising in conoperated by the Santa Ana LWIA including resolutions osit on of sancfioansttaken by the s arising from actions, such as audit disallowances or the imp Governor with respect to audit findings, investigations or monitoring reports. � . Form and Filing of Complaint Official filing date of the complaint is the date the written int is received. Equal Employment The filing of the complaint with the Santa Ana L q opportunity officer shall be considered as a requescomplaint must be earing and a writing and decision must be issued within 60 day s. The 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. 2 3 The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. Informal Conference A to Informal conferences will be utilized by ferences shal{ notSanAna lextend thevtime complaints; however, such informal co within which a decision must be issued after oe2e1Weof a ldate oftfiling tof at informal resolution will commence with ( )eks of the the complaint. a. The EEO Officer will review the case and ascertain facts cant take place at time of or to the conference so that appropriate resolution this meeting whenever possible. b. Although the complaintant oso should shouldnroged to precl de his/her right to this conference, his/her failure to d request a hearing on the matter. C. If mutually satisfactory resolution ea brief port fots and the r the nta f e stating na the IA concurs, the EEO Officer will write issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. Request for Hearing a. As in the case of the complaint, therequestuest for a hening boaring ordld be put b in writing and be filed in person or y 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 andthee to the date ndent will be notified in writing of the hearing ten (10) calendarY prior of the hearing. The ten-day notice maybe shortened with the the consentitten xty of the parties. A decision will be issued byhe Santa Ana LWIA (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) and the d. Advise as to where information e umber of the Santa AnaLWiP, Equal °r assistance may be t name, address, and telephone Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing ules of evidence The hearing shall be conducted in an informal ,es should be avoided!cltrshould provide the not applicable. Unnecessary technicalities flexibility to enable adjustment to the circumstances presented. l . The hearing officer shall have complete independence bep nna pos'i ioo obtain ender impartial make decisions. The hearing office 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 tone function in dahesi-j dicial capacity should begin the hearing by su g 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. 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 d hould be examined asfirthe obligation of establishing his or her case a s 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 quesatronsin ptolng step nI tog atto due ve all therocess, it materials shall be necessary for the hearing officer and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. g. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision be tWe't ngnd may lA for afinal determination. The be accepted rejected or recommended decisionshalle 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. ence The Santa Ana LWIA's written decision hearing included stein the nographer'tlnotesdand tape received at the hearing, notes by 9 officer, recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private -for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: of the scope 1. Written notice, upon enrollment into Employeestgr grievance procedures shall be and availability of such procedures. 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 W!A regulations of complaints filed atthe LWIA grant the Governor to establish a State Review process p recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including State Review aPanel shallaetliew the sanctions shall be reviewed by the State Review Panel. Th 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 Inevel vestment nvest will ebe heardtDivision (WID) y an dTpe hearing endent hearing officer designated by the State Workforce officer shall conduct a hearing and issue a recommended be accepted, rejected orn to the f ed by the te Panel. The recommended decision shall be in writing and may State Review Panel, A. Form and Filing of Complaint. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, telephone number of the party requesting the review b. Full name, address, telephone number of the other party C. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 13 3. Complaintant Responsibility It is the responsibility of the comfacts complainant to resentedein the request at the LWIA hearing ng which r review a written statement setting forth thep 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 t efhear hearing to the Chief, WID, the complete record including a typed record of within ten (10) days. B. Conduct of Hearings. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten 0the Chief of disallowance or sanction. The requestshall be filed directly with the 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 C The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral anc 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 audit dis mme ndati n. whTh must decision of the State Review Panel is final except be approved by the Secretary of Labor. State Review Panel om The State Review Panel will consist of a panelLegal Officesv, one from the the Employment Development Department: one from the WID, and one from the Director's office. es pal hnn thirty (30) written ece pt'of the which will be sent to the appropriate part request for State review. Decisions issued by this panel, under the authority of the Governor, are final. Issuance of State Review Decision. The State review will be limited to violations ofthshall be limited to the record regulations or the grant agreement. This review established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants A. Complaints on the basis of race, color, or national origin, priatexmusregionfi political e affiliation or belief, retaliation, and citizenship, w pP led within 180 days of the alleged occurrence. ity 1. It is the responsibility of the Santa Ana L dl o' Equal the complainant Oawareof (EEO) Officer to determine jurisdiction an and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 No later than 180 days of alleged _ discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued Handling of complaints filed at LWIA level arising in connection with NVIA programs operated by LWIAs Informal Resolution Process Unsatisfactory Decision or LWIA Decision not issued within 60 days Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL w 0 b w 0 b U 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 Civils part Rights (Ill be OCR)mUaS. Department ade aware of their right to file directly with the Office of 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 dnlcap Sectill iobe filed and processed 504 of the Rehabilitation under the Department of Labor regulationsimplementing 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 the EEO Offi aershalirectly l investigate and gatherith the Santa Ana LWIA. Upon receipt of the complaint, information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. 16 B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWIA. 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. 17 No later than 180 days of alleged _ discrimination If no resolution reached Unsatisfactory Decision or No Decision Filed within 30 days of LWIA/State Decision or 90 days from date of initial filing of Day I Day/45 Day 60 Days complaints GLOSSARY OF WIA TERMS AGE DISCRIMINATION ACT - A law passed by Congress in 19 5 which prohibits discrimination on the basis of age by any program or activity receiving FederalAPPLICANT - 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 rant's employability, aptitudes, abilities and interests and to develcp a plan to achieve P appropriate for the ated goals; also to identify the availablemay employment activities ssessromept process. participant. Testing and counseling Y also be used during the CHARGING PARTY CP COMPLAINANT GRIEVANTagainst AGGdReEDeD PERSt oN Justice person who charges that he/she has been discriminated nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION - In general, a failure to treat all equally, whether intentional class al o persotenns totional;receive the effect of an action, policy or practice which selects an individual unequal treatment. tte ELIGIBLE NON -CITIZEN -Lawfully admitted permaneatresident, tGeneral/ to work d the refugees, and parolees and other individuals authorize by the Attorney United States. EMPLOYER - An employer subject to the provisions of the Civil Rights Act of the pro4, as amendeof Section including state and local governments and any Federal agency su ject 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 t who hasaphysical or mental disability that constitutes or results in a substantial handicap employment. iN INTAKE - Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT - A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION -Authority to investigate and resolve complaints i.e., inst an Title VlnTitletion lX, etc.subject to a law or statute which has been assigned to OCR for enforcement, PARTICIPANT - Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post -termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. 19 Exhibit D CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 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 Program Title Na e of Certifying Official Signature Certification Regarding Debarment, Suspension, Ineli2ibilitY and Volunta Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1989, Federal Register (Pages 19160- 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within 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 �Shawna Smith Associate Director Name and Title of Official Authorized to Certify On Behalf of the Grantee Mav 16 2008 Date Exhibit E Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's 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. UDated: O_e,�qG Program Operator DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: ra't(.er Name of Contractor: Contractor Number: Date: 2 1'=-;L10% 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): Exhibit F BUDGET FORM Administrative No more than 10% allowed. Program Total WIA Match/In Kind Personnel Salaries* Lsee attached sheet 2. 3. Use separate sheet if necessa 7,298 85,710 93,008 90,102 Benefits* 1.see attached sheet 2. 3. Use separate sheet if necessary. 1,713 17,142 18,855 18,020 Total Personnel 9,011 102,852 111,863 108,122 Operating Expenses Rent or user fee* Utilities Phones Internet fees Parking fees Security Maintenance Insurance Equipment rental fees* Vehicle lease* Office expenses (consumables Accounting Services Legal services Auditing services Indirect costs* Staff training Staff travel/mileage Participant Wages* Support services* 30,800 Participant Incentives* 19,000 19,000 11,400 Other (list)* Total Operating Ex enses 19,000 19,000 42,200 GRAND TOTAL (Total Personnel + Total Operating Expenses) 9,011 121,852 130,863 150,322 *See Budget Form Instructions 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." Taller San Jose BUDGET NARRATIVE 2008-2009 Personnel Expenses Request Staff Salaries Administrative: Nancy Loughrey (.10), Director of Finance $7,298 Program: Shawna Smith (.15), Program Director $16,800 Art Guererro (.30),.Legal Services Case Manager $7,400 Michele Preston (.25),. Program Manager $12,750 Kevin Rhoades (.25), Instructor $15,000 Susan Ortiz (.30),. Case Manager $12,000 Pending Hire (.25),. Director of Support Services $11,260 Santos Chavez (.30) Substance Abuse Case Manager $10,500 Benefits @ 20% $18,855 Total Personnel: $111.863 Operating Expenses Participant Incentives 19 youth @ $100/ week x 16 weeks = $1,600 total stipend $1,000 WIA $19,000 $600 Taller San Jose Matching Funds $10 gift card for reporting employment @ 30, 90 days Matching Funds Supportive Services/Counseling Includes drug counseling and 12 Step Support Groups Matching Funds Classroom Supplies Paper, copy expenses, pens, pencils, calculators, lumber, textbooks Workbooks, certification test fees Matching Funds Other: Uniforms Gifted 1 shirt (office career) and 1 set of scrubs (medical only) Rental and laundry 1 shirt, 1 pair of pants (construction only) x 16 weeks Matching Funds Total Operating: $19,000 TOTAL EXPENSES: $130,863 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. ® I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. ® We are not currently on any Federal, State of California, or local Debarment list. ® We will provide records to show that we are fiscally solvent, if needed. ® We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. ® We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: ®Records accurately reflect actual performance. ®Maintain record confidentiality, as required. ®Reporting financial, participant, and performance data, as required. ®Comply with State and Federal fiscal and program activity audits. ®Complying with Federal and State non-discrimination provisions. ®Meeting requirements of Section 504 of the Rehabilitation Act of 1973. ®Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) ®Meeting all applicable labor law, including Child Labor Law standards. ®Agree to provide a drug free workplace. ®Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability El Coverage in the amount of $1,000,000.00 policy. ®Agree to provide all participants with Grievance Procedures. ®Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) ®Procurement policies and procedures are in place and meet federal guidelines. We will not: ®Place a youth in a position that will displace a current employee. ®Use WIA money to assist, promote, or deter union organizing. ®Use funds to employ or train of persons in sectarian activities. ®Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. ®Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ®Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. ®Use WIA money under this contract to purchase any equipment. I hereby assure that all of the above are true. Shawna Smith 4�1 ,GGi Nam Associate Director May 16, 2008 Title Date t i DATE A OORD, CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 07/01/2008 PRODUCER 877-545-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Y;1�.�=iE Norti. America, inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2c Century Blva. i F. C. Box. 305191 NAIL# Nashv- 1'-e, TN �7230519' - - INSURERS AFFORDING COVERAGE -- ''CO929-001 INSURED Ta- er San Jose �_,=�>-�� INSURERL_ American Unity Grouc :.td 4B0 South BataV].c INSURERE — Orange, CA 5286E /�i1 /��% (- ,} � �%� INSURER C INSURER" INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO' ICl' PERIOD INDI I -SATE MAY BE OF, ANY REQUIREMENT. TERM OF CONDITION OF ANY CONTRACT OR OTHER DOCUINENT WITF- RESPECT TC VVHICH THIE CERTI ICATE IvA1' BE ISSUEC OF. MAY PERTAIk THE INSURANCE AFFORDED BY THE PO: :ICIES DESCRIBEL HEREIN IS SUBJECT TC' ALL THE TERMS EXC�USIDNE AND CONDITIONS OF SUCP POJCIES. AGAR —ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID C-AIMS. NSR WDD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS NS NSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDDh'Y. DATE MMIDDIYY UNI-CGL-08-01-024 6i30i2008 6 / 3 0 / 2 0 0 R - 2, 000,00 A GENERAL UABfLITY -G1 NTED PREMS is (Ea Occurence c }; COMMERCIAL GENERA_ LIABfJT MED EXP (Any one personS CLAIMS MADE }; OCCUR PERSONA- bAD\'INJUR: 2,000,00' IGENERALAGGR=GAT- PRODUCTS-COMPIOPAGG S GEMAGGREGATE LtM',�AP°USE PE'r.., ERG � PO�IC1 JLO; SINGLE LIMIT AUTOMOBILE LIABILITY ,— (1 1 aac iden: AN AJT C irc �w �� f>'_L OWNED AUTOS TO BODI 1 INJJR" v l' !Pe'perspn ¢ HEDULED ALTOS Ir �'� R� BODIc HIR DA'JTOS — lFe�acccp do enny. NDN-OWNED A'J70c 7 SF `• P't,�D' PROPERTI' DAMAGE c ONL1 - GARAGELABILITY - OTH THAN AN.., AJTC. I t AL70 ON_" AC,.^ c EA"H D"CURREN^= EXCESSIUMBREL`A. LIABILITY AGGREGATE OC�JF: CLAIMS MADE DE'DJ�TIB_E S RETENTION 5 W-. STA.T- IOTH- WORKERS COMPENSATION AND T ORY LIMITS EMPLOYERSLIABILITY E.L. EACH ACCIDENT ANt' PROPRiETORIPARTNERi=XECUTIVE '. EL DISEASE-E1.EMPLOYEEIc O= FICERIMEMBER EXCLUDED` I- vet oescme uno, - _. DISEASE - POLIO`"_IMI- SP ECIA'_ PRDVISIDNS be'01' OTHER DESCRIPTION OF OR E RATIONSILOCATIONSNEHI CLESIEXC LUS IONS ADDED 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 Sara Jose, Block Grant - 810 N. Poinsetta, Santa Ana, CA 92701 CERTIFICATE HOLDER UANUtLLA I III IV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ) KX(XMAIL 3 D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF>X"XZN16KXffbHC46)ftXKL Santa Ana Work Center p }q {y iDOC E. Santa Ana Blvd. AUTHORIZED REPRESENTATIVE Suite 2000 iI -'II !'� I Santa Ana, CA 92701 .on n�n9F m,-,l •7 QR 54R rpP-t 10969936 ©ACORD CORPORATION 1988 Page 2 of 2 IMPORTANT It the certificate holoe is an ADDITIONAL INSURED, the policy(ies; must be endorsee. A statement Dr this certificate does not confer rights to the certificate holder in lieu of such endorsements. I` SUBRDGATIDN IS WAIVED.. subject to the terms and conditions of the police certair, policies may reouire an endorsemen'.. A statement or this certificate does no'. confer rights to the certificate holde- in lieu of such endorsements i. DISCLAIMER The Certificate of Insurance on the reverse side of this form does no'. constitute a contract between the issuine insurer(s) authorized representative or producer, and the certificate holder no, does it affirmativel\ or negatively amend extend or alter, the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Co11:2402036 Tp1:798548 Cert:10969936 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY insurance Company American inity Grou Ltd. This endorsemen: modifies such insurance as is afforded by the provisions of Police t, UNi-CGL-08-0'-024 11-14601-00-081 relating to the following. The City of Santa Ana, 20 Civic Center Plaza. PC Box 1988, Santa Ana, California 92702; its officers employees, agents, volunteers and representatives are named as additional insureds ('additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured 2 With respect to ciaims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds 3 This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person o- organization as an Insured shall not affect any righ, which such person o, organization would have as a claimant if not sc included. 4 Witr, respect tc the additional insureds; this insurance shall not be cancelled, o- materially reduces in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza JV-21), PO Box 1988, Santa Ana: California 92702 (Completion o` the following including countersignature. is required tc make this endorsement effective.) Endorsement f A3 Effective 05/30/08 to 00130109, this endorsement form as a part of Policv Al-r-GL-05-01-024 �1-14801-00 08;. issued to Talley Sar, Jose Named Insured Countersigned by Authorized Representative DATE ACORD,N CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 06/17/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER 877-9°5-7 78 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Willie North America, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2E Century Blvd. NAIC# F. C. box. 305191 INSURERS AFFORDING COVERAGE Na6hvc--e, TN 37230519-i -- —. -- INSUR^Rk Hartford ford Insurance Compaq of the N!i dwest 37478-001 INSURED 7a11er Sar. Jose BL1 N. Broaaway INSURERS Santa Ana, CP, 92701 INSURER-. INSURER'- INSrIREP.E _ NC COVERAGES �C INDICATED MA BE ISSUED IOF, T TC THE OLICI S D-- INSURANCELISTED WHICH THIS ANC'g ONTRACE OF OTHER DO UM ENT WITHREFOR EXCLUSIONS AND, CONDITIONS OF SUCH DIBTELL 0~ BYTHE PO-ICIES D DESCRIBE HEREIN IS SUEJE,T TC AL_ HE TERMS IJAF,1' PERTAIN THE INSURANCE AFFORDED AGGREGt-TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CM POLICIES. POLICY EFFECTIVE !POLICY EXPIRATION LIMITS INSR IADD'L rypE OF INSURANCE POLICY NUMBER DATE(MMIDD", DATE JMMIDD,R'Y' PAC- OCCURRENCE LTF. NSIR GENERA: LIABILITY — DAMAGE T1'RENTED t PR^ IV,I S1Ea DLLpfenC2 COIdMERC;A'. GENERA_ LIABI'_IT) MED EXP (A(,v one Person' c C-AIIdS MAD= CCCUF .. 5 _RSONALbADV WJURY —. GENERAL AGGREGATE -RODUCTS-COMPIC)'AGC-' c GEN'LAGGREGATE LIMI-APoLIcc PEr,. P7_ICI JET _jR COMBINE- SINGLE LIMIT AUTOMOBILE LIABILITY L` �O !Ea acaDen: Are` AL'TC �® I BODIL')' IIJJURI 1 c '.� ALL OWNED AUTOS 11 V (Per person c r DJ'_ED AUTOS 1,INJURI �- HIRED AJTOL "?Qk`„/ oA t �r�T r- (pe• a Id nl; NUN-0JJNED AUTOS Gt I; 7\ g ROFT•,' DAMAGE 1 016 6 T` 7 f�er ccitlenl: a - TO ONLY -EA ACCIDENT GARAGE LIABILIT' Ar " A.V1_C, EXCESSIUMBRE-LA LIABILITY OCC'J F. C,-AI MS MAD DEDUCTIB'_E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AN" PROPRIETOR/PARTNERIEXECUTIVE pPFICERIMEMBER EXCLUDED` It ve_. oescrioe unoe SPECIA_PRDVISIONS oelov OTHER 172WNC93300 -------------- 5/31/2006 5/31/2009 DESCRIPTION OF DPERATIONSILOCATIONS,NEH I CLESIEX C LUS IONS ADDED BY ENDUKstmtn roro.. r..� •� CERTIFICATE HOLDER City of Santa Ana, its officers, employees, agents, and volunteers 20 Civic Center Plaza Santa Ana, CA 92702 HU CTHEF THAN - A'JTO ONLY. AC- c AGG ETCH OCCURRENCE AGGREGATE �c Ic 5 WC STATJ- IOTn- }; TOR`: LIMITS - E.L EACH ACCIDENT 1 0 0 0 0 0 0 DISEASE - EA EMPLOYEE c 1 000 000 E.L. DISEASE -PO'..ICYLIMI- S 1 00D 000 CANCELLAIIUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 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 REPRESENTATIVES. AUTHORIZED RE (�RES.�,E�NNT�pATIVE © ACORD CORPORATION 1988 Arnan95l9of)lMR) Coll:2388016 Tpl•779662 Cert:108 947 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED.. the policvlies? must be endorsec. A statemen'. on this certificate does no' confer rights to the certificate holder in lieu o such endorsementlsj. If SUBROGATION is WAIVED.. subject to the terms and conditions of the policy certalr, policies may require an endorsement. A statement on this certificate does no' confer rights to the ce-tificate hoide- it lieu of such endorsement(s). DISCLAIMER Tne Certificate of Insurance or, the reverse side of this form ooes no: constitute a contract between the issuing insurer(s).. authorized representative or producer anc the certificate holder, nor does it affirmatively or negatively amend extend or alte, the coverage afforded by the policies listed thereon. Cert:10837947 ACORD 25 (20011uts) -- • _r CONSENT CALENDAR 25.D. AGMT NO. 2008-212 - CABLING SERVICES AND RELATED EQUIPMENT - With Pacific Coast Cabling Inc. for a one-year period in an amount not to exceed $150,000 per year - Finance & Management Services Agency 25.E. AGMTS - ON -CALL SERVICES FOR WATER AND SEWER EMERGENCIES - With Doty Bros. Construction Company (AGMT NO. 2008-213), Paulus Engineering, Inc. (AGMT NO. 2008-214) and Ken Thompson, Inc. (AGMT NO. 2008-215), in an amount not to exceed $130,000 each — Public Works Agency 25.F. AGMTS - ON -CALL ENGINEERING AND LANDSCAPING SERVICES - With DMJM Harris (AGMT NO. 2008-216), URS (AGMT NO. 2008-217), Penco Engineering (AGMT NO. 2008-218) and Psomas (AGMT NO. 2008-219) in the amount not to exceed $200,000 for each firm — Public Works Agency 25.G. AGMTS — PROGRAM YEAR 2008-09 YOUTH PROGRAM OPERATOR AGREEMENTS Motion: 1. Authorize the City Manager and Clerk of the Council to execute agreements with the following Youth Program Operators for Program Year 2008-09 for a total of $828,073 - Community Development Agency • AGMT NO. 2008-220 — With Christian Latino Association of Music and Arts to provide training in music technology, work experience, job preparation, tutoring, and job placement for ten Out -of -School Youth in an amount of $48,230, through June 30, 2009; • AGMT NO. 2008-221 — With Orange County Children's Therapeutic Arts Center to provide tutoring, job preparation, work experience, and job placement for fifteen Out -of -School Youth in an amount of $107,000, through June 30, 2009; • AGMT NO. 2008-222 — With Orange County Conservation Corps to provide on-the-job training, tutoring, job preparation, and job placement for Out -of -School Youth in an amount of $114,174, through June 30, 2009. The total number of youth to be served will be negotiated by July 30, 2008; • AGMT NO. 2008-223 — With Orange County Department of Education to provide tutoring, career development, job CITY COUNCIL MINUTES 216 AUGUST 18, 2008 25.H CONSENT CALENDAR preparation, and job placement for twenty In -School Youth in an amount of $97,077, through June 30, 2009; • AGMT NO. 2008-224 — With Orange County Youth Commission to provide tutoring, mentoring, job preparation, and job placement for In -School Youth and Out -of -School Youth in an amount of $71,904, through June 30, 2009. The total number of youth to be served will be negotiated by July 30, 2008; • AGMT NO. 2008-225 — With Orangewood Children's Foundation to provide tutoring, job preparation, and placement for fifteen Out -of -School Youth in an amount of $95,475, through June 30, 2009; • AGMT NO. 2008-226 — With Santa Ana Unified School District/ROP to provide mentoring, work experience, and placement for thirty In -School Youth in an amount of $163,350, through June 30, 2009; and • AGMT NO. 2008-227 — With Taller San Jose to provide vocational training, job preparation, and placement Out -of - School Youth in an amount',�"130,863, through June 30, 2009. The total number o(�f`youth to b 'served will be negotiated by July 30, 2008. --- 2. Authorize the City Manager and Clerk of the Council to execute the Memorandum of Understanding with the Santa Ana W/O/R/K Center for the Youth Service Provider Navigator service to June 30, 2009, and increase the funding by $254,757 (AGMT NO. 2008-228). MOTION: Alvarez VOTE: AYES: NOES SECOND: Benavides Alvarez, Benavides, Tinajero, Pulido (6) None (0) ABSTAIN: None (0) ABSENT: Bustamante (1) Martinez, Sarmiento, AGMTS - MEMORANDUMS OF UNDERSTANDING WITH MANDATED ONE -STOP PARTNERS — With the following: CITY COUNCIL MINUTES 217 AUGUST 18, 2008