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HomeMy WebLinkAboutORANGE COUNTY DEPARTMENT OF EDUCATIONCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION 17 Please complete this form when the attached agreement is no longer ire effect Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have an questions. Y Y EE� � ------------------ _�// The agreement with No. A 2008 3 was completed on (� 9 and final payment has been made. Revised 12-07-07 Department: c'op, f sR Phone/Ext.: 2 (p*� Signature: C?n' Date: C-1, /10 /1 f-) A-2008-223 INSURA� 1l FiLE WORK MF +OCEED UNTIL INS EXPIRES CLERK OF COUNCIL naT -OCT 2 3 2003 Contract No. o F. CA-evas AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18'h 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 Orange County Department of Education ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 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 Page 2 of 15 those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) and Workforce Investment Act Goals form (WIA EWIG) must be submitted along with the WIA EWIR; any subsequent updates to EWIE and /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 enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above -referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. Page 3 of 15 J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on 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 WEB 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 Page 4 of 15 a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed ninety-seven thousand seventy-seven dollars ($97,077) 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. Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) performance measures for all youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, Page 6 of 15 color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. Page 7 of 15 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 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 Page 8 of 15 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. 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 to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non -voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No Page 9 of 15 voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 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. Page 10 of 15 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. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; Page 11 of 15 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. Page 12 of 15 XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, Page 13 of 15 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: Orange County Department of Education -ACCESS 1220 Village Way, Ste. B Santa Ana, CA 92705 (714)953-6513 Telefacsimile (714) 953-9611 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above -written. ATTEST: 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: , Cynthia J. Nelson Deputy City Manager for Development Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" B David N. �Re City Manager "CONTRACTOR" BY: Name: Patricia McCaughey Title: Coordinator, Contracts Department Tax ID #: 95-6000943 Page 15 of 15 Exhibit A College/Career Transition Program 5 ACCESS Safe Schools K Support Services Santa Ana Workforce lnvesunent Board Youth Council I. About the Program A. Executive Summary I. Td'hich WIA population will the pro -rain recruit and serve? This proposal will target both Younger (ages 16-18) and Older (ages 19-21) In -School Youth attending a Santa Ana ACCESS school. ACCESS students share a multitude of obstacles placing them at risk for delinquency, academic failure. and homelessness. In general. ACCESS students live in dysfunctional families. are victims of abuse and/or severe neglect; demonstrate high -risk behaviors such as substance use. teen pregnancy. or gang involvement: are wards of the court or foster youth; and 63% are on probation. Students have multiple risk factors such as love income. poor parental supervision. high crime rate communities, and significant life stressors. They often have emotional. behavioral. and interpersonal issues malting it difficult to focus on school. .ACCESS students often experience one or more of the following circumstances: They 1) are behind their same -age peers in grade level. 2) have been expelled. 3) are being treated for substance abuse. ivities. Excessive truancy accounts for 40°ro of and%or 4) are involved in gang related act ACCESS student referrals. 250/o from probation. 15% from social services. 10% for credit deficiency. and 101/o for district expulsions. All ACCESS students have a core GPA of less than 1.5. or have been suspended/expelled at tiMe of enrolled in an ACCESS school and many have a court'agency referral mandating school attendance. Each of these characteristics limit ACCESS students' ability to successfully compete in today's job market and higher education. This proposal will target three ACCESS schools whose student population is aligned with WIA program goals. These schools include: 1) August House. which is specializes in youth on probation or offenders recently released from one of the four Orange Countti� juvenile institutions: 2) South Bristol Education Center, where mane of its students live in Santa Ana neighborhoods and 3) Renaissance Lyceum. with high crime and gang -related violence; where many of the students are currently in the foster care system and residing in group homes. Each of these alternative education school sites offer programs custom designed for the securit. concerns of its students and demonstrate a high need for transition services. The following chart highlights the student demographics at each site: August House South Bristol Renaissance Female 34 21 49 Male 53 31 67 Age 4 9 16 16 17 30 21 39 18 '9 32 19 7 1 9 20 5 0 0 21 0 0 0 Etivii city Hispanic 84 39 92 White 1 11 12 Black 0 0 2 Asian 0 0 8 Other 2 2 2 College/Career Transition: Program 6 ACCESS safe Schools & Support Services Santa Ana Workforce Investment Board'Youth Council 2. Indicate how mane participants to be served. This proposal will exit 20 participants by June 30. 2009. All students enrolled in the College,'Career Transition Program will meet the following eligibility requirements: • attend high school classes at an ACCESS alternative education site. • be authorized to work in the United States. have legal resident documents. and be in compliance with the Selective Ser-\,ice Act: • reside in Santa Ana. • low income (95% of participants served will meet the income criterion): In addition. they will meet one or more of the following categories: • be basic skills deficient: • a school dropout. • homeless, runaway or foster child, • pregnant or parenting youth. • a vouth offender: • or require additional assistance to complete an educational program secure employment such as: have a disability, Limited English Proficiency, family history of long-term welfare dependency, gang affiliation. are an emancipated minor. or lack work history. 3. Describe how this program.fts in with programs currently being of by your agency. In the tenuous environment of educating today's high -risk youth, services need to be relevant, impact significant enough to effect positive change. The timely. and creative in order to make an ACCESS philosophy is to create learning communities committed to academic excellence.. social and economic opportunity, and personal integrity. ACCESS aims to provide instructors wlio maintain an academic focus. use iimovative teaching strategies. and engage each student in learning. ACCESS offers many educational options and modalities to increase students' academic success. These modalities include: day school. where students attend school daily for four hours of instruction.. with their teacher for one hour a week and com contract learning. where students meetplete assignments on their own through out the week. outreach. where a teacher meets with the student one hour a week at a location within the community and students complete assignments on their own through out the week, referrals to adult education when deemed the most appropriate. setting for the student Students are taught in large and small groups, or on an individual basis. with no class size ever exceeding a 20:1 student to teacher ratio. The Title I Program provides a Tutor to work with students on core subject remedial tutoring. For the past three years. ACCESS Safe Schools has offered a Transition Specialist to work one-on-one with students who are nearing graduation and looking to move on to college or career. These transition services are currently being offered in will bring transition services to the Santa Ana other regions of Orange County. This proposal commun ty. Through the WIA grant, ACCESS teachers. Title I Tutors. and a Transition Specialist will form the Transition Team and be specifically assigned to serve the targeted schools. Each elements of the Transition Team will work in tandem and bring their area of expertise to the partnership. Together. they will increase student success in Santa Ana and meet the outlined WI_A performance goals. College/Career Transition Program % ACCESS Same Schools b: Support Services Santa Ana WOrkfOiCe Investment Board'Youth Council 4. Indicate which of the 10 N'IA elements the progrant will offer. This proposal will incorporate the following 7 of the 10 V��lA elements. The first is: Tutoring, study skills, training and instruction leading to completion of'secondary scilool including drop out prevention strategies. As an alternative education school system. ACCESS is designed to meet the needs of students at risk- for dropping out and/or recovering students who have dropped -out from the traditional district schools. In order to further meet these students' needs. this proposal will include tutoring services provided by the Title I Program. The ACCESS Safe Schools Transition Specialist will collaborate closely with ACCESS teachers and the Title I Tutors in order to meet all the students' needs so that they will be able to successfully complete high school and transition on to college/career. The second element is: Alternative secondary school services. As previously mentioned, ACCESS is an alternative education school system that offers multiple educational options for students, including referrals to adult education. The Transition Specialist will work with the Consultation Team (teacher. administrator. Title I Tutor. Foster Youth Advocate. Probation Officer. and parent) to discuss the most appropriate option for the student's educational and safety needs. Once a modality is ch,asen. the Transition Specialist will work with members of the Consultation Team to facilitate the enrollment in/transition to the appropriate modality. This proposal will also offer: Occupational skill training. The Transition Specialist will offer a variety of job readiness workshops including, but not limited to: resume writing. interviewing skills.. and professional dress. These workshops may be offered in small groups or one-on-one with students enrolled in the College!Career Transition Program and ,vill occur during the enrollment period and as part of follow-up services. ACCESS Safe Schools will also include Supportive services as part of the College/Career Transition Program. Due to their low-income status. ACCESS students often rely on public transportation and lack additional funds to pay for items such as college textbooks. inten'iew clothing. bus passes. back packs. or school supplies. For this reason, a supportive services policy has been created and will be implemented into the College/Career Transition Program. A primary element of this proposal is the Adult Mentoring component. The relationship Specialist and each participant during the period of participation developed between the Transition and follow-up is essential to the program's success. The professional relationship is often the motivating force behind the student's long-term achievement. As important is the Follow-up Services that take place for a minimum of 12 months after the participant successfully "exits" the program. During the follow-up period. the Transition Specialist will incorporate a variety of tools to ensure student retention and continued success. These tools include: college success and job vement in education workshops, recognition events, and readiness workshops: parental invol consultation meetings; collaborating with college FOPS staff, employers, and cornmul>ity resource agencies_ and frequent personal and phone contact with each individual student for up to 12 months. Finally. the Transition Specialist will offer Comprehensive Guidance and Counseling with each student. These activities will occur during one-on-one sessions between the Transition Specialist and each participant. During these sessions. they will work together to develop individual goals and problem solving strategies. as well as explore career interests and develop employability skills. The uiuque element about this proposal is that the Transition Specialist will not only develop these individual plans on paper.. but will also personally accompany the student every step along the way. The initial session and development of the Individual Service Plan will take place at the student's school, as it is the location most easily accessible and most convenient for the student. Whenever possible, the Transition Specialist will come to the student at their school; home. or location convenient to them. Other individual sessions will occur within the community. such as meeting a student at Santa Ana College to turn in their college application. College✓Career Transition Program 8 .ACCESS Safe Schools & Suppon Services Sant:: Ana Workforce investment Board'Youth Council meet their FOPS counselor. or loot: for their classes prior to the first day of school. The Transition Specialist will also meet students at places of employment to help them fill out job applications or brainstorm transportation routes of how to get to and from work using public transportation. It is the individualized attention that each student receives that builds their short-term shill level, but more importantly has long -teen effects such as increased self-esteem, self -efficacy.. and self- sufficiency skills. 5. Indicate planned outcomes. Planned outcomes for this proposal include an increased number of students graduating high school. entering employment. and enrolling in college. In addition, students who were previously basic skills deficient will experience an increase in their literacy and numeracy skills as a result of participating in outlined services. The job readiness workshops and custom -designed skills trainings will lead to an increase in participants' of college enrollment rates and employment, retention in college and steady job placement, and job earnings. The long-term WIA goals are to improve the quality of the Santa Ana workforce. reduce welfare dependency, and enhance the productivity and competitiveness of the nation. Each of these program elements will increase the likelihood of achieving these goals. This proposal is designed around the idea of shifting from short-term work training programs, to providing long teen support to help ACCESS students prepare for their academic responsibilities and occupational development. As a result. the proposed activities will improve their academic outcomes, preparation for employment. and meet the required WIA performance measures of: increasing college'job placement. degree/certificate attainment. and gains in literacy/numeracy skills. 6. Describe the basic program approach (workshop✓classroom/in the community). The basic program approach will focus on academic improvement and workforce preparation for youth. A trusting relationship is built with ACCESS teachers. allowing the Transition Specialist direct access to students and their school records. The Transition Specialist is allo«7ed to meet with students at school as often as needed. outside of regular academic instruction. The Transition Specialist will come to the student whenever possible. and will also meet them within the community at appropriate locations. such as college carnpus or places of employment. Each of ilable during non-traditional hours. The Transition these locations is youth friendly and ava Specialist will also be accessible through a work assigned cell phone due to the fact that they villl be serving multiple sites and working off site with the students on a daily basis. The Transition Specialist will also work with students in a creative and interactive manner. allowing students to work with the Transition Specialist to design their service plan. The Transition Specialist will advocate for youth in the community to market ACCESS students' assets and utilize an existing pool of employers to link youth with available jobs. By involving businesses. parents and other resources. it will expand the overall capacity to serve youth and increase the number of positive adults involved in each student's life. The Transition Specialist will identify youth employment opportunities and facilitate the students' transition into the workforce. As relationships are built between the Transition Specialist and employers, it increases students' awareness of available college./career options. Once the student enrolls in college. trade school. or secures employment they will have successfully "exited" the program. Once "exited", follow-up services will be coordinated and driven by the individual student's goals. With services custom -designed to the student's needs. it will capture and maintain the youth's interest. Small accomplishments are celebrated in order to set a trend of success. Parents will be involved throughout this process to share in the student's College/Career Transition Program 9 ACCESS Safe Schools & Suppon Services Santa Ana Workforce Investment Board') outh Council accomplishments and positive experiences. The Transition Specialist is bilingual and bi-cultural. which allows her to fonn a close collaborative relationship with students and their parents. Being bilingual!bicultural allows communication to be mutually initiated. frequent. and leads to a continuum of services over a loner period of time. This reciprocal relationship makes follow-up services more natural and students more easily accessible over the 12 month follow-up period. 7. Describe how you will conduct outreach and recruitment. Include how enrollment goals will be met b1 the second quarter ofth.e contract. The Outreach and recruitment is conducted by the Transition Specialist at three target Santa Ana schools using an existing referral system. The referral system is designed so that all referrals are submitted by ACCESS teachers staff and delivered directly to the Transition Specialist. The Transition Specialist will triage the most immediate need referrals and detennine eligibility to be enrolled in the College/Career Transition Program. This process will continue throughout the grant period. The Transition Specialist will average a pool of 50 referrals a year. with many ACCESS students on a wait list to be seen by a Transition Specialist. Of those referrals. an average of 30 youth will meet WI_A eligibility requirements and will be enrolled in the program. The Transition Specialist will meet frequently with participants to work on their individual service plan and achieve their outlined exit goal. The Transition Specialist will work closely with participants. parents, and teachers to exit 20 youth by June 30.2009 and continue providing follow-up services throughout the grant period. S. Describe collaborations/partnerships that will assist in recruitment. ACCESS Safe Schools agrees with the Santa Ana Youth Council" motto of "_All Youth One SI'SteM _No Wrong Door ". Partners and stake holders will include: ACCESS teachers. ACCESS administration.. Title I tutors. Foster Youth Services. School Social Workers. and parents. Each of these partners will assist in u�A outreach and serves as a source of referrals. Ir addition. the Transition Specialist will collaborate with local colleges. trade. schools. and employers to ensure student success. Each of these partnerships is important. leveraging expertise. and increasing long -tens goal attairunent of NVIA participants. BN incorporating resources that meet all the student's transitional needs. including supportive services and a network of resources. it will increase their chances for success. Also by joining the Santa Ana Youth Council Network. it Neill further increase the number of positive adults and services that the participants are connected to. 9. Describe how adequate staffing will be maintained to ensure success of this program. One full-time Transition Specialist will maintain a caseload of 20-30 students year round. Students on the caseload will be enrolled in N'IA or have exited and be receiving follow-up services. The Transition Specialist will be bilingual/bicultural. which will allow them to adequately serve students and families in the language they are most comfortable with. The Transition Specialist will be highly qualified and experienced inproviding intensive case management services, relationship building with high -risk populations. and successful at incorporating resources to build youth's support networks. The qualities that the Transition Specialist brings to the position will ensure long-term prograrn success. To support the Transition Specialist in her role, a (.10 FTE) Secretary and (.25 FTE) Program Coordinator will be provided as in -kind to this program. The Secretary will assist with the fiscal invoicing procedures and the Program Coordinator will ision, and program sustainability strategies. provide professional development. supery B. 11'Iain Purpose of Program College/Career Transition Program 10 ACCESS Safe Schools & Support Services Santa Ana Workforce Investment Board'vouth Council 1. Indicate what the program will accomplish and how it fits in with WT9 goals. This proposal will increase the number of high -priority youth graduating from high school. enrolling in college or trade school, and gaining employment. Along with ) IA goals. outlined services will increase literacy and numeracy_ skills. as well as employability of high -priority youth. This program will utilize support services to assist the youth to be successful in achieving their goals by helping to alleviate personal obstacles impeding their success. These support services include: transportation. clothing. and supplies. Transportation assistance will include: monthly bus passes, van transportation to meetings or events. bus transportation to large scale events. and the college campus parking permits for students who di-ive. All students who are activel-,, participating in the program and demonstrate financial need will be eligible to receive transportation support. For students whose goal is to gain employment, this proposal will ill be in the form of Target gift cards and clothing provide clothing assistance. This assistance w items donated from community agencies such as Working Wardrobes. To complete this process, the Transition Special will accompany students to purchase interview outfits or select professional work attire from Working Wardrobes. Clothing support may also include the purchase of clothing required to work in particular career fields, such as medical scrubs or construction boots. All clothing assistance will be provided to students after they have successfully "exited" the program and are entering the workforce. For students who goal is to enroll in college.. this proposal will provide assistance to acquire books and school supplies: this assistance will be in the form of back packs full of school supplies and the purchase of text books from the campus bookstore. as needed. The Transition Specialist will accompany the student to purchase the correct text books for their college classes. All books and school supplies will be provided when students "exit" the program. The Transition Specialist will leverage resources and partner with providers in order to connect with agencies that provide clothing supplies at little to no cost when ever possible. The Transition Specialist will conduct project based learning activities that allow youth to engage in complex. real -world projects. such as filling out job and college applications. By becoming involved in the application process. students will be able to develop and apply skills/knowledge that will be resourceful to them in future pursuits. The result is the creation of something that matters to them. like holding their college identification card for the first time or completing the financial aid application that will fund their college education. These activities will also engage an external audience. such as parents. teachers. and administrators. Quarterly Parent Fights will encourage parent involvement and allow for celebration of each student's successful program completion. All supportive services granted to students who successfully `.exit' the program will be awarded at these events. These Parent Nights will allow participants to witness parental approval and set a trend for success and future goal attaiiunent. In addition to the Parent Nights. the Transition Specialist will itutiate frequent phone and personal contact with parents to involve them in the transition process. This includes parent involvement in one-on- one sessions along with the student and Transition Specialist. These one-on-one sessions may take place at the students' school. during a home visit. or on a college campus,/place of employment. The College/Career Transition Program will also include follow-up services., such as ongoing coaching. development of time management skills. problem -solving strategies to overcome obstacles. practice of conflict resolution with real life situations, and effective strategies/tools to increase success in the workplace. In accordance with WIA guidelines. all project -based learning projects will be authentic. involve academic rigor, applied learning, active exploration. adult connection, and assessment practices. The individual sessions between the College/Career Transition Program I I ACCESS Safe School< <C Support Se.'iees Santa Ana Workforce Investment Board'Youth Council Transition Specialist and each participant will serve as a safe environment to practice these new shills and allow for adult mentoring. guidance. and feedback on the students' progress. This proposal will also incorporate the assistance of Title I Tutors who will provide remedial education tutoring. The,, will work one-on-one with students at their school sites to lls. ultimately increasing employability and the number increase their literacy and numeracy ski of students who attain their high school diploma. All of the above mentioned support services. project based learning opportunities. and tutoring services will increase the number of positive program outcomes and successful completion of VVIA required performance measures. 2. What is the length of the program, i.e., hoN' much time will a youth need to be in this program to get the full benefits of each component offered? Students average 6-8 intensive one-on-one sessions with the Transition Specialist before successfully exiting the program. On average they are weekly one -hour sessions. but will var\7 in frequency based on the individual needs of the student. Participants will continue to receive follow-up services through their second successful semester in college and/or one year of consistent employment. Students will receive as least one documented substantial sen'ice each month. These follow-up sessions will occur a minimum of twice a month. but may occur more frequently as needed to maintain student success. 3. How often will the 914 participant need to attend the program and hom, often are specific activities offered (daily/weekly/monthly)? The program is custom -designed to meet the needs of the indi�-idual student. The program is designed around one-on-one sessions between the student and the Transition Specialist. These sessions may include: filling out college/job applications, financial aid forins. enrolling and registering for classes. resume writing. and liming participants to college support networks such as E.OPS. Fork for your Books programs. etc. Transition services can be offered on a daily. weekly. or monthly basis as determined by the urgenc} of the student's needs. For example. if the student is looking to enroll in college this semester and classes start in three weeks. the student may meet with the Transition Specialist up to 8 times during that period. If the student is looking to explore career fields and gain employment skills. these individual sessions maybe conducted bi-�,eekly and spread out over a period of months. Along with one-on-one meetings with Transition Specialist and Title I Tutor, students will also have the opportunity to interact with college/career representatives and WIA alunu I during classroom speeches or panel presentations: they will also be able to attend college campus tours and workplace fieldtrips to explore available options. These special events will be coordinated bv the Transition Specialist on a monthly or bi-weekly basis. 4. What is the firequenet' o f staff' interaction with N'IA participant? Will other non-WLA agency staff be providing elements of the program? If'so, please describe. The Transition Specialist will maintain a strong presence at the targeted school sites by committing to regularly scheduled days and Hours at each site. This regular presence at the school will also assist to receiving new referrals throughout the year. In addition. the Transition Specialist will meet with students as often as needed. Some students may only need to meet three times before they exit the program. others maN' need 1 >-20 sessions. The Individual Service Strategy/Plan will be designed and adjusted as appropriate to each student's needs and progress. The students will also work with Title I tutors on a weekly basis at their school sites to improve their literacy and numeracy skills. One-on-one work with a Title I tutor will include remedial tutoring and educational strategies/tips for students on how to improve their basic skills levels. College/Career Transition Program 12 ACCESS Safe Schools d_ Suppon Services Santo .Ana Workforce Investment Board'Youth Council 5. What services will be offered offer -Dull exits the program? Students will continue to receive follow-up services with the Transition Specialist for a minimum of one year after they exit the program. The Transition Specialist and participant v7ill work together in a documented. goal oriented. youth -centered program that extends from recruitment through follow-upiretention. Follow-up services will be based on the needs of the individual and may include: supportive services: regular contact with the youth's employer to address work -related issues: ongoing job skill coaching: development of time management skills: problem -solving: academic counseling and development of an Individual Service Plan: and tracking the progress of youth in their semester classes. Follow-up services will also include development of soft shills such as: critical s�kin�. decision -making: priority setting: professionalism: and positive thiinteraction with co- workers. supervisors. colleagues. and instructors. The Transition Specialist will coordinate career speaker events and fieldtrips to college ill introduce students to professionals who possess the campuses and workplaces. These events w skills and knowledge that match students' interests and facilitate discussions on a variety of available college�career options. The Transition Specialist will pmvide college/career counseling during program enrollment and offer a series of follow-up workshops. These workshops may include: development of marketable work habits. conflict resolution. public speaking. and professional management skills. All of these follow-up workshops will be offered during one-on- one sessions or in small Wm IA aluni groups to increase job satisfaction and retention. Parents will also be invited to participate in workshops and recognition events to support their child's progress. The Transition Specialist will initiate frequent contact with parents and participants to monitor continued progress toward their goals and to address any new obstacles, quest' as they occur. The Transition Specialist will provide at least one documented substantial service each month for "exited" participants during the I -month follow-up period. C. Goals! Objectives and Performance Levels I. How will service(s) be deemed necessary? List tool(s) to be used for assessment o participant's basic skill levels. Describe pre and post testing, prima► r and secon.dar;r b oal determination. All students will be referred to the program by teachers and staff that are most familiar with the participant's goals and needs. During their first meeting. the Transition Specialist will check youth's eligibility for enrollment in the College%Career Transition Program and perform an objective assessment of the academic skills and inunediaey of service needs. The Transition Specialist will use the infonnation obtained from the teachen'staff referral and student's input to design the Individual Service Plan with the student. including their primary and secondary goals. Following the Individual Service Plan design. the Transition Specialist will use the Testing Adult Basic Education (TABS) test to assess the student's basic skills levels. The testing w111 take place during the first or second one-on-one session will the Transition Specialist. The TABS exam will be used for the post-test as well: students will take the TABS test for the second time six months post -exit to assess for improvements in basic skills levels as prescribed by federal performance measures. 2. How will services aid in meeting the T414 performance goals? The Transition Specialist will provide job skill workshops during one-on-one sessions and/or small group workshops to increase employability. These workshops will also increase the number of students securing employment to meet the first WIA performance measure. In addition. the Transition Specialist College/Career Transition Program 13 ACCESS safe schools & Support services Santa .eta wo:-kiorce Investment Board'Youth Council will build a relationship with ACCESS teachers to advocate on the students' behalf. This collaborative relationship will allow for frequent credit evaluations to ensure students are enrolled in appropriate classes needed toward graduation. The Transition Specialist will have access to the Eagle System. where all ACCESS student records are archived and updated on a daih° basis. to provide copies of student transcripts. attendance records. and test scores. Each of these reports will help to monitor the participant's progress toward �n-aduation and areas where remedial tutoring —would be most beneficial. The Transition Specialist will also build an essential relationship with the student and their parents. Both of these partnerships will increase school connectedness and ultimately increase the rate of high school graduation. For students who have already graduated. the Transition Specialist will facilitate their enrollment in accredited certificate programs to increase the number of students meeting the second «'IA perfonnance ill work measure of certificate attaininent. For the final «'I_A perfornance measure. students w one-one-one with Title I tutors to practice their basic shills. These tutoring sessions will lead to literacy and numeracy gains as demonstrated b,: each student's individual pre -post TABS test scores. Each of these perfonnance measures will be reported for students Nvho "exit" the College'Career Transition Program during the previous program quarter. Students will "exit" the program based on the initial goal established during their individual senice plan created at enrollment. 3. Describe how you will rrrorri.tor program activity and manage for' performance. The Transition Specialist will sense as the liaison between the students. educational institutions. and employers and will be responsible for monitoring the progress of the students on their caseload. The Transition Specialist and Program Coordinator will meet twice a month to monitor program senices and progress toward performance measures. During these meetings. the Program Coordinator will offer, case consultation. supervision. and professional development feedback for the Transition Specialist. Together._ they will conduct continuous evaluation of the Work Plan and program activities to monitor progress. such as number of students served. quality of se: \,ices. and achievement rate of outlined NVIA performance goals. 4. Describe how applicant plans to deliver academic assistance to raise the skill level of youth who are basic skill deficient. ACCESS students face many personal barriers that interfere with their abilit< to be fully committed to their education. which include being teen parents. family financial issues. personal/family criminal histon, mental health issues. and safety concerns about attending school. Thee also face educational barriers not limited to be a highly transient student population, very low basic skills/test scores. and a high number of English Language Learners (ELL). ?vearl}T all ACCESS students meet the WI_A definition of "basic skills deficient".. meaninu thev° 1) read. write. or speak English at or below the Str grade level: or 2) are unable to compute/solve problems. read. write. or speak English at a level necessan- to function on the job. ACCESS schools provide mane opportunities for students to attain literacy,/numeracy skills including specialized teaching strategies that are context and standards based. Writing is iliterated into all subjects and teachers provide opportunities for students to practice their speakingipresentation skills. Teachers provide student guidance through feedback in all areas of literacy including allowing for formal and informal peer evaluation. The Transition Specialist will collaborate with ACCESS teachers and Title I Tutors to ensure that each student is recel-ving the appropriate tutorial services to raise their basic shills levels. All outlined services, even job shill tutorials. will be designed to allow students to College/Career Transition Progrant 14 .ACCESS Safe Schools L Suppoil Services Santa Ana workforce Investment Board'Youth Council practice their literac��hnumeracy skills. leading to improvements on their- pre and post TABS scores. The Title I Tutors will provide intensive tutorial services in the areas of language arts. math. and CAHSEE remediation before or after school hours. They will tutor students individually or in small groups in basic academic skills and�or specialized subject areas relative to their- level of achievement. Tutors will reinforce concepts learned. provide the teacher and Transition Specialist with informations"Input regarding student progress; and work with students during the follow-up stage to increase their literacy and numeracy scores. Title I «ill provide tutoring services. on -going training. guidance. and supervision of the Tutors as in -kind to this IAVLA proposal. The Transition Specialist will also provide job skill tutoring during in sessions and,,or small group workshops. These tutoring sessions will increase employability_ literacy and numeracy levels.. and successful goal attainment. 5. Will the participant receive a certificate of completion or accomplishment_for• pai•ti.cipation? Will the certificate count for RZ4 credential attainment rate? Each student will receive a certificate of completion and reeognition for their participation in the College/Career Transition Program. They will be honored at a quarterly Parent Night and receive an incentive for their program completion. For students enrolling in college. they will receive a back pack full of school supplies: for those securing employment. they will receive an interview outfit or career certificate .'recognition will not count as appropriate attire. This a �'IA credential as it pertains to performance measures. 6. How will continuous improvement be measured and conducted? Focus groups will be conducted with students. teachers_. and parents periodically. The Transition Specialist and Program Coordinator will conduct continuous improvement plaiuung by utilizing focus group feedback and participant%parent input provided during individual sessions. In addition.. the Transition Specialist will continue to Nvork one-on-one "with students. providing follow-up services for up to one year after they "exit' the program. Follow-up services will be offered a minimum of twice a month. but may occur more frequent depending on the individual student's needs. Student success is tracked by using measurable objectives such as 1) increased student enrollment in higher education and_') gained employment. These objectives will be measured by college class enrollment and number of students securing/retaining employment for up to one year after they "exit'' the College/Career Transition Program and monitored during Transition Specialist'Program Coordinator bi-weekly meetings. D. Program Description 1. Describe the overall services that will be made available to the T�'L9 participant Students are referred to the Transition Specialist by ACCESS teachers or staff to receive support ienroll n ing in college. securing financial aid. scholarships.. or employment. The Transition Specialist will 1 } act as a liaison, between students and ACCESS teaching'adminnstrative staff; ?) collaborate with teachers to address student educational and vocational plamling. 3) maintaining program records, and 4) communicating with parents. students, and administrators in person and by telephone. The Transition Specialist will build positive relationships with each student. provide reliable follow tlu-ough. and facilitate successful completion of their initial goal of either graduating high school. transition to higher education. or securing employment. The most effective means of achieving these objectives is through consistent.. mutually initiated contact between participants. College/Career Transition Program 15 ACCESS Safe Schools & Support Services Santw Ana W orl force Investment Board'Youth Council parents. teachers. and the Transition Specialist. Referrals are prioritized by expected graduation date or immediacy of need. with all students referred receiving an eligibility screening. If they meet NVIA eligibility requirements. they will be enrolled in the program, receive an initial goal assessment. and create an individual service plan. On average. students will receive 10 individual sessions with a Transition Specialist over 1 months before they "exit" the progl am. Individual sessions will use innovative teaching strategies to increase student success and achievement of NVIA performance measures. These strategies include capitalizing on "teachable moments" such as: establishing individual college%career goals with on -going benchmark assessments_ filling out applications for jobs. colleges. and financial aid: meeting at the college campus to enroll and familiarize themselves with the campus: meeting at prospective places of employment to introduce students to potential employers: and developing student portfolios to monitor academic gains. Once students have completed their initial program goal as stated in their Individual Service Plan. they will "exit' the program. The Transition Specialist will then begin providing follow-up services through the completion of their second successful college semester or one year of consistent employment. During the follo«17-up periodh students can contact the Transition Specialist with questions or to request additional assistance at any time. Follow-up services willinclude: maintaining contact with "exited' students and provide ongoing support: coordinating career speakers. college campus tours. and career related field trips that are interesting and likely to attract youth: on -going guidance counseling: monitoring good school%work attendance through frequent phone calls:. and future plan>inu�voal-setting as appropriate. The follow-up period N�"ill also include job readiness and career exploration workshops on the following topics: • ��iaking Career Decisions Completing Tasks Effectively • Preparing Resumes Demonstrating Positive Attitudes Behaviors • Filling Out Applications Presenting Appropriate Appearance • Inter%iewing Exhibiting Good Interpersonal Relations These workshops will be offered during in or small alumni group sessions year-round. 2. Describe how collaborations/partnerships will enhance program services and outcontes. The ill partner with ACCESS teachers and administration, Title I Tutors, Transition Specialist w Foster Youth Services. Safe Schools Clinicians_ and Youth Development Program staff to utilize their expertise in case consultations and connect students to needed resources/services. The Transition Specialist will guide students step-by-step through their transition to life after graduation. These transition senices include: assisting vouth with enrollment in institutions of higher education and connecting them to the Extended Opportunity Program and Services (EOPS) at their college of choice. This connection to EOPS will ensure a seamless transition to college and long -tern student retention. The Transition Specialist will also facilitate enrollment in trade schools. vocational programs. Regional Occupational Program (ROP) classes. enlisting m in the military and securing employment through the Job Corps and/or Conservation Corps. Other- collaborators include: four nearby Community College Districts. Employment Development Department, and various trade schools. each with the common purpose of increasing the number of ACCESS students transitioning to higher education or careers after graduation. In addition. the Transition Specialist will partner with parents to increase student success. Parent involvement activities will include: parent orientation meetings, financial aid and career options informational workshops.. and frequent personal and phone interaction to keep parents updated on their student's progress. These points of contact will also help to increase College/Career, Transition Pro -rant 16 ACCESS Safe Schools & Support Se' -Vices Santa Ana Workforce Invesnnent Board'Youth Council student retention in the College/Career Transition Program for up to one year after their "exit". as the parents will serve as connnunication allies between the Transition Specialist and student. The Transition Specialist will also partner with local businesses to link students with potential employers and facilitate job placement for NVI_A participants. The Transition Specialist will maintain a vear-round pool of employers. list of their job recruitments. and contact information to aid in win -win employment connections. 3. Describe how the participant flow will occur. The first stage of the College/Career Transition Program is the Transition Specialist �a�ili market the program to ACCESS teachers at the three targeted Santa Ana schools. During this process. the Transition Specialist will outreach to teachers and infornn them about the referral process. The teachers will then submit program referrals based on their knowledge of student needs and goals. On average the Transition Specialist will receive 75 student referrals during the outreach and recruitment process; all referrals will be received by the end of the second quarter. During the intake process. the Transition Specialist will screen and determine eligibility of each student referral. Once deemed eligible. each _\VIA participant will take the TABS test to assess their basic academic shill levels. Next. the Transition Specialist NN-111 work with the student to create an individual service plan to outline training goals needed to attain self-sufficiency and establish short1ong-term college and career goals. The Individual Service Plan tnay include activities to prepare the participant for employment. services to remove barriers to employment. training and job search. and will be regularly reviewed%updated as changes occur. The Transition Specialist will provide intensive case ma►�agement sen'ices with each participant as they progress toward their `'exit" goal. During this process. the Transition Specialist will involve multiple stake holders including parents, employers. and teachers to increase student graduation and employment rates. The participant's "exit" will be based on their pre -specified sen�ice plan goal. Once that goal is achieved. the student will "exit" the program and engage in follo-w-up services. These follow-up services will include a personal interaction or phone call from the Transition Specialist a mininutm of twice a month. These personal interactions will monitor continued educational success and program retention. They may include the Transition Specialist attendance at a special event at the participant's high school. college. or job to connect with the students. These special events may include: a graduation ceremony. student art exhibit. sporting event. or a work project lead by the participant. The Transition Specialist will also develop an alumni program where "exited" youth return to speak with younger students currently enrolled in ��'IA andior receive additional training themselves. Finally. the Transition Specialist will forti, the participantsnetwork of support which includes parents. employers. teachers, and confection to connnunity resources. Each of these innovative strategies will increase participant retention over a long period of time. E. Facilities 1. State location where program services will be delivered. Outlined services will take place at ACCESS school sites. local college./trade school campuses. places of employment. or locations in the community that are convenient for students and families to get to. All meeting locations are youth friendly and easily accessible by the participants. The Transition Specialist will come to the student whenever possible. College/Career Transition Program 17 ACCESS Safe Schook & Suppon Services Santa Ana Nkorki'mce lnve-sunent Board'Youth Council 2. How will participant access site if not within City of Santa Ana boundaries? .Almost all services will be provided in Santa Ana. If a fieldtrip. campus tour. or speaker event is not conveniently located for the student_ the prognam will provide transportation byagencti� van or school bus based on the size of the (_,roup of students. Mane ACCESS students rely on public transportation to get to and from school or work. For this reason. the program will allow students to access support services such as bus passes for their participation in the program. 3. List hours of operation? The prograin will have non-traditional hours of operation that depend on student needs. The Transition Specialist will offer services during morning. afternoon. and evening hours Mondav-Friday in order to acconnnodate students' schedules. 4. Is the facility compliant with the Americans with Disability Act (ADA)? Base your answer on completion of ADAIEEO Survel• (attach F). Describe corrective action plan if necessary. All ACCESS school sites are accessible and compliant with the P_mericans with Disabilitv Act. Other meeting locations such as college campuses and places of employment are also required by lave to be ADA compliant. 5. Discuss host Internet access will be available to program staff. List computer programs applications used bi' agencv staff. The Transition Specialist will have access to a laptop computer because the majority of their work- will be conducted in the field. The laptop will have intemet access. Microsoft Office. and Print Shop programs to enhance their work with students. II. About four Orcanization A. Description of the Proposer 1. Discuss the current number of' ,full tithe and part time personnel employed, average annual operating budget and sources of revenue. The Alternative. Community. and Correctional Education Schools and Sen7ices (ACCESS) is a division of the Orange County Department of Education (OCDE). ACCESS serves near]`,- 5.500 students at 140 school sites throughout the county with annual revenue of $77.4 million in the 2005-06 school year. ACCESS. as a school district. is eleventh largest of 2S districts in Orange County. employing over 730 staff. Students are refered to ACCESS by local districts. juvenile courts, Probation. Social Services, or by parent request. For many students. ACCESS schools are the first instructional setting where they have found success. Success is defined as advancing in their academic skill levels. making up missed credits toward graduation. and either transferring back to their home district or ean>ing a high school diploma from OCDE. In 1999. ACCESS added the Safe Schools and Support Sen7lees Office (Safe Schools) to further meet student needs. Since then. Safe Schools has been awarded numerous state and federal grants from the California Department of Education. Orange County Department of Social Services. Office of Attorney General. and Board of Corrections and has operated independent of the ACCESS general fund for nearly ten years. Safe Schools has 35 full-time and 25 part-time employees. The staff selected to participate in the College -'Career Transition Program have adequate administrative experience in operating grants of this magnitude. 2. How long has your organization been serving Santa Ana youth? In 2004. Safe Schools received a three year grant to implement a CollegeiCareer Transition Program in Santa Ana. The program was successful]} completed in 2007. Even after funding had ended, the College./Career College/Career Transition Program 1 ACCESS Safe School fc Sup1o11 Sen'ices Santa .4na woficfcnec linestmew Bowd'Youth Council Transition Program has been sustained and expanded to other regions of Orange County. In addition to the Transition Program, Safe Schools has offered a variety of other programs for Santa Ana youth. These programs include: 1) offering school -based mental health services since 1999: ?) offering connprehensive health education and teen pregnancy prevention services since 2000: 3) inviting Santa Ana ACCESS students to participate in the Annual Sumner at The Center performing arts program since '001: 4) offering an After School Program for 5 Santa Ana ACCESS sites since 2001. 5) offering a year-round Intramural Sports Program since 2001; and 6) offering a research -based alcohol, tobacco. and other drug prevention curriculum since 1004. D. What kind of impact has .vour services made to the Mouth in the cornniunity? From ?004- 2007. the Coll ege%Career Transition Program served Santa Ana ACCESS students aged 15 to 18 years old. The transition services included: individual case management of college bound students or those seeking employment. college/university campus fieldtrips. financial aid assistance. and job placement. This program was highly effective at serving high -risk populations such as low-income students (8"1O of current caseload). teen parents (14%). youth on probation (101/0). and students with learning disabilities (6%). Vdith few family members or peers modeling appropriate behavior. these students would have other��ise been unprepared for todav's workforce. Highlights from year one of Santa Asia transition sen'ices included: 1) more than 80 referrals were submitted. -';9 of which received transition services. and ? students remained on a wait list to meet with the Transition Specialist: ?) 8 3 ° 0 of students referred to the Transition Specialist seeking job placement began employment; 3) More than 200 students attended career fieldtrips and college campus tours: 4) 20 student enrolled in college and 2 in trade school. In ?00 the College'Career Transition Program expanded to -,erne all areas of Orange County. impacting over 800 students each year. Although the program «vas expanded, the number of staff providing services did not. leaving only one Transition Specialist to serve nearly 30 ACCESS schools from as far north as La Habra to as far south as Costa Mesa. Although program success continues. its efficiency is limited by the amount of travel time and hi�ar number of students in immediate need for services. All Safe Schools program evaluations have shown an increase in attendance. increase in hope for the future. increase in credits earned toward graduation. impro��ements in school behavior and classroom management. and an increase in school connectedness. BN addressing all aspects of the students' lives. as each of these programs do, it increases their level of success in and out of school. B. Experience 1. Briefhv outline all Youth programs that your agency has operated during the last 2 years. Safe Schools «gas created to provide supplemental programs and support services to ACCESS school sites. In the past two years. Safe Schools has operated numerous federal and private rants and implemented school programs in the areas of youth development. after school programs. health education and pregnancy prevention. college,%career transitioning. performing arts, gang preventioiniintervention. mental health counseling services. intern training. and drug'alcohol prevention. Safe Schools has an excellent history of successful grant implementation. reporting. and reaching performance goals. 2. ff"hat kind of experience do �lou have in incorporating parents, Mouth and errrployers into your programs? In the past decade. Safe Schools has operated numerous federal and private College/Career Transition Program 19 ACCESS Safe Schools & Suppor. Services Santa Ana Workforce Investment Board Youth Council _rants and has been able to establish expertise in providing high -quality programs to severe at - risk students. Safe Schools has maintained an outstanding working relationship with a variety of collaborative a,encles for almost ten years. Safe Schools' philosophy towards building partners includes: shared vision. sustained conunitment. and enhanced capacity. In these collaborative relationships. each partners shares in the common goal of improving the long -tenor career prospects of participants b�, increasing their educational attainument and employment outcomes. The success of the Coll egelCareer Transition Program established in ?004 was dependent upon the relationship built between the Transition Specialist and ACCESS teachers. All transition services were initiated by ACCESS teachers and staff. Parents were invited to attend case management meetings with their students. Meetings included: answering questions about classes offered. touring the college campus. and filling out applications. The Transition Specialist was bilingual: for this reason. parents tended to ask more questions. especially in regards to financial aid. college requirements. and necessary document concerns. It is just as important for the parent to prepare for the transition as the students. so they were encouraged to contact the Transition Specialist at anytime with questions. The proposed College/Career Transition Program will be based on this proven model. therefore. Safe Schools will be relying on a Transition Specialist to support teachers. administrators and corninunity partners. Many of the folio«�ing duties that will be assigned to the Transition Specialist were previously "out of job description" activities performed by teaching staff. The Transition Specialist will be experienced in credit retrieval through performing credit evaluations to ensure youth are on track for graduation. Throughout their work with students. Transition Specialist will assist with parent outreach including: phone calls. home visits. and Quarterly Parent Nights. They will also provide resources and trainings for parents to increase student success. The CollegelCareer Transition Program will incorporate youth input throughout vear during interactions and focus groups with the Transition Specialist. Youth input and feedback will be provided during one-on-one sessions and during special events such as alunuir panels. the N'_%orld of Work CollegelCareer (N�'01v 7 Fair event. and satisfaction surveys completed after attendance at a colle-e career related fneldtrip. The Transition Specialist will also incorporate employer input year round. Their feedback will be gathered during the recruitment for and after their participation in the 'vVONV CollegelCareer Fair event. 'dearly 100 local representatives participate in this event every year: this includes local employers. career professionals. and institutions of higher education. Their feedback will allow the Transition Specialist to ensure that college transition and job skills activities will adequately prepare youth to compete with their same -aged peers for college seats and local jobs. Also. the Transition Specialist will maintain a list of job requirements and contact information for local employers to aid young job seekers. This is a win -win situation for students and employers as it helps to facilitate appropriate matches for immediate job openings. 3. Describe hoN, staff will receive traininb and oirgoinb staff development to increase staff capacity and expertise in the field of youth development and entploynient. ACCESS and Safe Schools take pride in the professionalism. range of experience. and quality service delivery of their staff. including the fact that they are culturally competent andior bilingual in a variety of languages spoken by the targeted youth and their families. Safe Schools provides trainings and curriculum in the following areas: • Gana Awareness and effective strategies working with gang members • Working with incarcerated and high -risk youth College/Career Transition Program 20 ACCESS Safe Schools d, Support Services Santa An Workforce Investment Board'Youth Council • DiversitN and Inclusion at 'Xork for Educators • Human Relations Education and Facilitator Training • Bridges out of Poverty: Cultural Diversity toward students and families living in povertm . All staff receives specialized training such as: behavior and classroom management. alternative Iearling styles. and communication with families to support their effectiveness in �s�orking with students who do not succeed in traditional educational settings. The ACCESS Title I Program also offers a Dropout Prevention Specialist in-service training. The DPS training is designed to identify potential dropouts. understand the reasons students leave school. and effective prevention strategies lead to successful completion of high school. The Transition Specialist will attend the first in-senTice training offered during the year. In addition. Safe Schools supports the Transition Specialist's participation in professional development trainings that pertain to and will enhance their work with the students. All trainings will increase staff capacity and expertise. in turn improving their work with students. 4. List the positions dedicated to this proposal. Include a description of duties and time allocation for each responsibility'. One Transition Specialist will be assigned to this proposal and will serve in this capacity at 1.0 FTE. The duties NA 111 include: a caseload of 50 students. monitoring progress toward the V�rL4 work plan. completing performance reports_ marketing the College'Career Transition Program to ACCESS teachers and staff. triaging referrals to prioritize program enrollment. and provide all outlined services with participants. A Safe Schools Secretary will also be assigned to the program at (.10 FTE). The Secretary will work closely �s�it}, the OCDE Fiscal Manager to complete the monthl- invoicing process. The OCDE Fiscal Marra�er «ill devote (.''0 FTE) to ensuring all fiscal policies and procedures are followed and all expenditures reported are aligned with WIA invoicing guidelines. The Program Coordinator will devote (.` 5 FTE) to provide guidance. support. and supervision of the Transition Specialist. The Program Coordinator will also incorporate sustainability strategies to ensure the CollegeiCareer Transition Program continues beyond WIA funding. The Secretay Fiscal Manager. and Program Coordinator will all offer their services as in -kind to the NVIA budget proposal. C. Fiscal Capacity 1. Describe the process used to capture and report fiscal data? The Orange County Department of Education has a fully integrated application from SunGard Bi-Tech called IFAS (Integrated Financial Accounting System). It contains separate modules for Accounts Payable, Accounts Receivable. Purchasing. Fixed Assets. and Budgeting. These subsystems interact directh, to the General Ledger to ensure proper recording of all financial activity. The system also allows for trail balance and full detail reports of all or specific portions of our General Ledger Accounts. AA'IA funding ,N7111 be assigned an individual account number in order to monitor- expenditures on a monthiv basis. The Safe Schools Secretary will work with the Fiscal Manager to monitor that all expenditures are justified. reasonable. and aligned with the V� IA budget guidelines. 2. Attach a copy of the procureinen.t policies and procedures. (Please See Attached) 3. ff"hat systents are used to ensure fiscal accountability and appropriate expenditures and planned costs? The Orange County Department of Education's Integrated Financial system allows for segregation of duties at all control points of the supply chain. In addition, ACCESS College/Career Transition Program 21 ACCESS Safe Schools & suppon Services Santa Ana Workforce tnvesunew Board'Youth Council has a set of Fiscal Guidelines which provide detailed instructions on all fiscal management responsibilities. There is a "checks and balances" process to ensure all fiscal decisions are in accordance with the set guidelines and ensures all expenditures meets the terms of the grant and excell scal is an appropriate. budgeted grant expenditure. ACCESS hasruptc� or pending litigation. All �Sa e Schools ools operated t record of �ants integritri , with no history of bank undergo an independent audit during the grant c-cle and has an excellent piston of refunding due to efficient fiscal management. 4. Describe invoicing process and list staff assigned to task. 'A adhwa_ OCDE Fiscal Manager of Special Projects. is the staff member responsible for invoicing. She will create and be responsible for monitoring the 'A'IA grant budget. In preparing the invoice -claim_ she will print out the General Ledger detail. compare to approved budget and ensure the appropriateness of each expenditure prior to completing the claiming invoice. She will �s�ork in tandem with the Safe Schools Secretan� to monitor expenditures and prepare «'I_A invoices on a monthly. The Fiscal Manager will devote (?0 FTE) and the Secretar}' will devote (.10 FTE) to processing VXTI_A invoice on a monthly basis. Both have extensive experience in working with federal grant budgets and will provide their services as in -kind to the VdI_A proposal. 5. Describe how agenev s financial stability is not dependent on N IA funds. The Orange Count` Department of Education (OCDE) has an annual budget that exceeds S250 million dollars and operates school sites throughout Orange County. OCDE has multiple revenue streams: including. propert,, taxes. federal grants. state grants, state aide. and fees for iletServices. OCDE vie«�s the grant award notice as a promise to pay and will cover program cost while the «'IA contract is pending. ACCESS Safe Schools. as an agenc��. is financially sound and sustains its programs after initial funding by utilizing the folloVTing sustainability strategies: full-time rant writing. seeking philantluopic sponsors. foundation support. recruiting business partners.. and developing a corporate donor campaign. Safe Schools has an excellent history of grant implementation. reporting. and meeting performance goals. Safe Schools partners with Orange County Probation. Social Services. Mental Health and Health Care agencies. as sell as con -based organizations to provide many year-'-�oles.thans t�o altoycollee and rograrris oca eeACCESS r. youth that increase academic. success and prop ide a seam in -kind due to Many partners have continued to provide services to ACCESS schools as cultivated relationships during previous grant collaboration. The amount requested from is 3°'0 of the overall 2007-2008 Safe Schools operating budget. 6. Submit most recent 2 years of audited financial statenr.ents (attachment G). (See Attached) D. Subcontracting Subcontracting client services is not permissible under this contract. However if. planning to subcontract non -client services. identify subcontracts role and estimated cost for services. ACCESS Safe Schools will not be subcontracting services for this proposal. i 0 0 0 0 0 N O O M O O M U U N O Nrq OO 00 O v O O cz O M •� v U 'C CO O b t%] O O U a. O y U ocz .o o N • • N • • L• y O m 'y � U `/] o_ ° ° U N '+� � � 3 o b ID � � -d > Q6 cn � ��i U �I • � y yA.yy u �-o ° a a V °ci,33xxE{ 73 —��=��o UF- wwC4 ti N O m a` C) O C � O y ti o 0 tV O ti 0 O oN O 00 o ti ti � ti b U C)un cn ¢ H C/� cn >1 z ( UU c 5n� i ns"UU y v sU. a cC O U U � N O y O� thaw°a Q�aE-ydda �?HaaU v c•n . • • . • • • • • • �7 • • • • • • • • . . � U Y 4� i�i �•, U m cd sm� 'd a CL U C."cz ca C13 o U U p N O Ln o a p u a a ° d of p., Ln G. V Z CO 'JD M O sue', O y y y O ° tt c -ty rUi� U y O .� O b U T a3 ¢ o � U W O b U U S"•. t to Y o ,0 V Gq�L in. 61 0 w�OQwU�O' cn U c U O p. sue. O O U i bq • w o o ^ c O +-' O U N N N cn N S cn0 0 lull �YWco 7b bA m w � W ' 7:1 o a) E� z 'd < C/] mn Y O O u En = U ct Y .. O U O o * II O1 .9 O U O con En N o � .cz o � o ° O U O N M O N .� Obi o� Q 3 u cn by �G U bq C a)a)p cn p cz O O a1 U 17 v y o Y `+-4 ' 3 It -0 cv et ["-i ,I- Exhibit COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area July 1, 2001 Table of Contents Information Regarding Complaints..... *** ...... 2 A. Nondiscrimination and Equal opportunity Complaints ................................................. I ........ 1. policy Statement ........................................................... ...... 2. Civil Rights .............................................................. 4 3. Nondiscrimination Laws under 4. How to File Your Complaint .................................. ... . . ........ ... 6 B. Criminal Complaints ................................................................... 6 11, General Procedures for Handling Non -Criminal Violations of the Act ....................................... Ill. Procedures for Handling Complaints at the SDA Level ............................................................. 8 IV. Procedures for Handling Complaints at the State Level .......................................................... 13 V. Procedures for Handling Discrimination Complaints by Participants ....................................... 15 VI. Procedures for Handling Handicap Complaints by Participants .............................................. 16 GLOSSARYOF WIA TERMS ........................................................................................................ 18 1 I, Information Regarding Complaints A. Nondiscrimination and Equal opportunity Complaints Policy Statement the City of In carrying out the purpose of the force Arealnvestment Act (LWIA) will establishprogramsto Santa Ana Local Workforce Investment prepare youth and unskilled adults for entry borforce and to employment. aEvery fford job training to those individuals facing serious barriers effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will l Poster equal opportunity and non-discrimination, as provided in State and equal opportunity and non-discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our co of, commitment, subjected to descindividual shll b menat oneundenrl or denied participation in, denied benefits 1 employment, in the administration or of ins connection ° a origin,Ith n agehandicap, or A funded program because of race, color, religion,, political affiliation or belief. Participation in programs and activitiesfinancially an under WIA shall be open to citizens nationals of the United States, lawfully admitted permanent resident aliens, lawfully admittedto work en parolees,the 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. 2 Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana Local Workforce Investment Area. Equal opportunity and non-discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity 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 participants, or tested; or while you are hile you are being 'worktl g or interviewed, counseled attending classes as part of the program. You must be provided an equal chance to use all facilities available in the program. Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints or grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40-70. The Rehabilitation Act of f 1973 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Act of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. 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 Secreta 's Order no. 4-73 Prohibits discrimination based on sex. Egual Pay Act of 1963 Prohibits pay differential solely because of sex. 4 0 Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, affiliation, or beliefs. How to File Your Complaint a. b. C. d Put your complaint in writing. national origin, political Have it sworn to before a notary public, if possible. Provides details that tell what happened, where it happened, and when it happened. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days appeal the filingay of bethe made toplaint. If the the Chief of complaint is still unresolved, a pp 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. .01 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 of In accordance with the WIA (P.L. 105-200) and complaints and implementing fraud, abuse ral section 667.600.... Federal handling of crime and other criminal activity. "All informationectldlaints mediatelyto tghfe Cy obSanta or other criminal activity shall be reported d y and immediately Ana and the Secretary of Labor." II. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements ements f Title 20,s f and the Code n of Federal Regulations, Section 667.600 through667.640 regulations, the State and Sec 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) LWIA level for the receipt, investigation, hearing, d resolution o complassistance,aints babor unions, y WIA participants, subrecipients, applicants for participation, o 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 apes, party alleging a violation otherof e Act, regulations promulgated under the Act, recipient9 specific agreements under the Act, including terms and codconditionsof empoyment of such participants in employment training programs. All complaints, s and withdrawals shall be in writing. These procedures connection are intended to with W�A programs operated lve matters which concern policies, procedures or action(s) arising by each LWIA grant recipient and subrecipient under the Act. These procedures shall not be construed as affecting any lale abd copditio seof dy outside of the WIA complaint process (i.e., disputes regarding terms 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 n procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve dis utes re ardin terms and renditions of employment of any employee who is not a participant as definec herein. 5. If a complaint does not receive a decision at the LWIA grant recipient nt level decision, cto within 60 days of filing the complaint or receives an unsatisfactory the complainant then has a right to request a review of the complaint by the Governor. rA g. Complainants must initially file and exhaust except where the Statehdetermines earing procedures prior to appealing to the State that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt of Complaints Pursuant to the WIA regulations found at 20 toR, Section 667.60arings and e LWIA administrative entities have the responsibility solve complaints made by individuals about the administration entity andfprograms employers'totwh ch the he LWIA. "LWIA level" encompasses LWIA administrative administrative entity has delegated the compaaint is arisingresolution process. with WIA programs comprise the guidelines for resolving issues gn connection operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Complaint Official filing date of the complaint is the Ate the LW Awritten Equal Employmentreceived. The filing of the complaint with the Santa na Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days•The alaint mustlso contain the folloe in lwg gnd must be signed and dated. The complaint should 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, been violated;or other agreements under the Act, are believed o 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 f such entity or corporation. the governing body o �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. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complaintant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. C. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filed with: Lydia H. Morgan EEO Officer Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 9 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time, and place of hearing before an impartial hearing officer. C. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicaltiescircumstances b avoided. It should provide the flexibility to enable adjustment to the 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its subrecipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party d shlould the complaint examined has firtthe obligation of establishing his or her case a 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 questionsin ptolng step nlr right to due to have 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 ngotiate a resolution of the issue at any time prior to the conclusion the hear g. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision be the it wriA for final ting may be accepted, ejected or n. The recommended decision shalle modified by the Santa Ana Workforce investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. 11 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three-year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private -for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of, the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits, a 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. 12 IV. Procedures for Handling Complaints at the State Level Section 181(c) of the Act and the WIA regulations of complaints filed atthe LWIA grant es 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 shallaellowances dview 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 level will be heard by an inde e pendent hearing officer designated by the State Workforce omrnended decinvestment sion to the State Panel. The earing officer shall conduct a hearing and issue a recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, telephone number of the party requesting the review b. Full name, address, telephone number of the other party C. A copy of the decision d. Brief statement of reasons c o� review v ` 9 or torysand statutory citations ction of the l decision to be reviewed9 e. A statement of the relief sought. 13 3. Complaintant Responsibility It is the responsibility of the complainant thefacts to resentedein the request at the LWIA hearing ng which r review a written statement setting fort p 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 thefhear hearing to the Chief, WID, the complete record including a typed record within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the party requesting the review b. Name, address, and telephone number'of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions imposed d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. IM, The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses s and docuher mep�sre'leva�to the present oral and/or written arguments, to examine record issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor. C. State Review Panel es from the The State Review Panel will consist of panel of three one from the Legal Offices, one from the Employment Development Department: WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 No later than 180 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 LNIA level arising in connection with NIA programs operated by LNIAs : Informal Resolution Process Unsatisfactory Decision or LNIA 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 a 0 b 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)mU�S. Department e 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 b stliSectwill iob 504 of the Rehabilitation e filed and processed 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 complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. 16 B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWIA. 2. The Complainant must file his/her appeal as a request for review directly with the Chief WI 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 complaints Day 1 Day/45 Day 60 Days GLOSSARY OF WIA TERMS AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal funds. APPLICANT - An individual who applies to a subrecipient or contract for services provided under WIA and who has no yet transitioned to the status of participant. ASSESSMENT - Services designed to determine each participant's employability, aptitudes, abilities and interests and to develcp a plan to achieve the participant's employment and related goals; also to identify the available employment and training activities appropriate for the participant. Testing and counseling may also be used during the assessment process. G ON - The CHARGING PARTY --. _ . __ _ __ person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION - In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON -CITIZEN - Lawfully -admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER - An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subject to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by Executive Order 11246, as amended. GRIEVANCE - An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice. HANDICAPPED INDIVIDUAL - Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. iv 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 VI 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 investig to OCR fornd ve complaints enfo cement, i.e., lnst an T Title VlnTitletion lX, etc.subject to a law or statute which has been assigned 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. * Legal Name: Orange County Superintendent of Schools Coordinator, Contracts Department Patricia McCaughey Grantee/Contractor Organization Program Title �C Name of Certifying Official Signature Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VH of the May 16, 1988, Federal Register (Pages 19160- 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year 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. OCDE-ACCESS Safe Schools and Support Services Grantee/Contractor Organization Name d Title of Official Authorized to Certify On Behlilf of the Grantee 05/06/08 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 ne undea sa bparag Urbanaphe(d�2) f om within ten days after receiving no 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 asdru abuse assistance or rehabilitation program approved uch purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue of par paragraphs drug-free (d), (e) workplace through implementation and (f). B. The contractor shall insert in the space proddon ofhe attached wo k to be caraied out ce of Performance" form the site(s) for the performancestate, and zip with the grant r(includifurtherncgert fies thatstreet rs, city, county, e flit is subsequently determined code) .the contractoracto that additional sites will be used for thp o Housinormance of work g and Urban the contract, it shall notify the U.S. Department Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. r' Dated: September 3, 2008 Patricia McCaughey, Coor inator, Contracts Department * Legal Name: Orange County Superintendent of Schools DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FO R CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Name of Contraimn Date: The Contractor shalt insert in the space provided below lt oveeedtby the aerti d anon: to be used for the performance of work under the con 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* 1. Transition Specialist (1.0 FTE) 2. Program Coordinator (.25 FTE) 3. Secretary (A0 FTE) Use separate sheet if necessary. 0 0 0 $54,231 0 0 $54,231 0 $25,000 $4,500 Benefits* 1. Transition Specialist (1.0 FTE) 2, Program Coordinator (.25 FTE) 3. Secretary (A0 FTE) Use separate sheet if necessary. 0 0 0 $14,114 0 0 $14,114 0 $7,500 $1,350 Total Personnel 0 $68,345 $68,345 $38,350 Operating Expenses Rent or user fee* 0 $5,015 $5,015 0 Utilities 0 $600 $600 0 Phones 0 $600 $600 $500 Internet fees 0 0 0 $200 Parking fees 0 0 0 0 Security 0 0 0 0 Maintenance 0 0 0 $180 Insurance 0 0 0 0 Equipment rental fees* 0 0 0 $1,200 Vehicle lease* 0 0 0 $18,000 Office expenses (consumables) 0 $3,900 $3,900 0 Accounting Services 0 0 0 $39,250 Legal Services 0 0 0 $18,275 Auditing services 0 0 $500 Indirect costs (@ 9.37%) $8,317 0 $8,317 0 Staff training 0 $400 $400 0 Staff travel/mileage 0 $2,400 $2,400 0 Participant Wages* 0 0 0 0 Support services* 0 $3,300 $3,300 0 Participant Incentives* 0 0 0 0 Other (list)* Bus Transportation/Fieldtrips Gasoline for Vans WOW Career Fair Event 0 0 0 $3,000 $1,200 0 $3,000 $1,200 0 0 0 $3,500 Total Operating Expenses $8,317 $20,415 $28,732 $81,605 GRAND TOTAL (Total Personnel + Total Operating Expenses) $8,317 $88,760 $97,077 $119,955 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 Debamaent 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 fmancial, participant, and performance data, as required. @Comply with State and Federal fiscal and program activity audits. @Complying with Federal and State non-discrimination provisions. @Meeting, requirements of Section 504 of the Rehabilitation Act of 1973. @Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) @Meeting all applicable labor law, including Child Labor Law standards. @ Agree to provide a drug free workplace. @Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability ❑ Coverage in the amount of S 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. }, assure that all of the above are true. Associate ame 5/06/08 Title Date ORA NCE CO UNTY DEP 4 R TMENT OF ED (11'CA TION ) Risk Management Office Human Resources and Support Services Division AL 2910 Redhill Avenue, Suite 200 TENT OF �O Costa Mesa. CA 92626 tvf_LIAMV HABEw[HL (714) 327-1043 FAX (714) 549-4M2 Coumy Supermtendem, of Schools September 10, 2008 The City of Santa Ana WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 Attn: Manager, WIB Administrative Office RE: Workforce Investment Act Safe Schools Program, Agreement #33616 To �Arhom It May Concern: A request has been made by the City of Santa Ana for verification of Workers' Compensation coverage. The Orange County Superintendent of Schools is self -insured for the Workers' Compensation coverage through the Western Orange County Self -Funded Workers' Compensation Agency, a Joint Powers Authority (JPA). Our self - insured certificate number is 4-5532-17-129. The JPA's retention level is S500,000, and excess coverage is purchased through ACE American Insurance Company. If you are in need of further details or have any questions, please feel free to contact me at (714) 327-1044. Sincerely, Arlene Ito, Coordinator Risl: Management VS SO �00 Pss�star h t�� EVIDENCE OF COVERAGE Orange County Department of Education MEMORANDUM NUMBER: 74 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of (-,overage does not amend, extend. or alter the coverage afforded by the memoranda listed below. CERTIFICATE HOLDER INFORMATION The City of Santa Ana Attn: Manager, WIB Administrative Office PO Box 1988 (M-73) Santa Ana, CA 92702 Coverap,e Period: Effective: 9-10-08 12:01 a.m.: 7-1-09 This is to certifv that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE LIMIT OF LIABILITY/COVERAGE General Liability $1,000.000 Combined Single Limit Per Occurrence Automobile Liab#P$% $1,000.000 Combined Single Limit Per Occurrence Should "� t e above co ages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30 m da �� notice to ,fiic�� Holder, but failure to mail such notice shall ipose no obligation or liability of any kind upon ASCIP, its agents, re niative o�'� 11�_y questions. contact: Ms. Paula Chu Tanguay, Chief Executive Officer g�5�a ASCIP - 12750 Center Court Drive Suite 205 - Cerritos, CA 90703 - (562) 403-4640 Authorized Representative: Date Issued: 9-16-08 N: ASCIP is a joint powers authority pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5-97 74-08/09-21 C Iliance of Schools for Cooperative Insurance Programs 12750 Center Court Drive, Suite 205, Cerritos, CA 90703 (562) 403.4640 Additional Covered Party Endorsement District: Orange County Department of Education Additional Covered Party: Endorsement No. 74-08/09-21A Description of Operations, Vehicle, or Property: The City of Santa Ana and its officials, officers. As respects to the Workforce Investment Act -Safe Schools Program to employees, agents and the State of California and its provide career and college transition services officiers and employees Coveraze Period: Effective: 9-10-08 Expires 12:01 a.m.: 7-1-09 The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent. In issuing this endorsement, ASCIP intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims.. demands, or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the ASCIP MOC. The limits of liability extended to the Additional Covered Party listed above is $1,000,000 per occurrence for liability. � Ito00 0�g' Qg . RG� P55�Star '� l � Authorized Representative: Date Issued: 9-16-08 ASCIP is a joint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5/97 lliance of Schools for Cooperative Insurance Programs 12750 Center Court Drive, Suite 205, Cen itos, CA 90703 (562) 403-4640