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HomeMy WebLinkAbout25N - YOUTH PRGRM OPERATORREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 1, 2009 TITLE: YOUTH PROGRAM OPERATOR AGREEMENTS PROGRAM YEAR 2009-10 .~ s,.~ f ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreements with the following Youth Program Operators for Program Year 2009-10 for a total of $721,915, subject to non- substantive changes approved by the City Manager and City Attorney: a. Orange County Children's Therapeutic Arts Center to provide tutoring, job preparation, work experience, and job placement for eighteen Out-of-School Youth in the amount of $146,147, through June 30, 2010; b. Taller San Jose to provide vocational training, job preparation, and placement to fifteen Out-of-School Youth in the amount of $118,539, through June 30, 2010; c. Orange County Youth Commission to provide tutoring, mentoring, job preparation, and job placement to four In-School Youth and four Out-of-School Youth in the amount of $42,488, through June 30, 2010; d. Orangewood Children's Foundation to provide tutoring, job preparation, and placement for fifteen Out-of-School Youth and three In-School Youth in the amount of $96,687, through June 30, 2010; e. Santa Ana Unified School District/ROP to provide mentoring, work experience, and placement for thirty In-School Youth in the amount of $153,300, through June 30, 2010; and 25N-1 Youth Program Operator Agreements PY 09-10 June 1, 2009 Page 2 f. Orange County Conservation Corps to provide on-the-job training, tutoring, job preparation, and job placement for fifteen Out-of- School Youth in the amount of $164,754, through June 30, 2010. 2. Authorize the City Manager Memorandum of Understanding the Youth Service Provider the amount of $232,085. WORKFORCE INVESMENT BOARD ACTION and Clerk of the Council to execute the with the Santa Ana W/O/R/K Center for Navigator service to June 30, 2010, in At its Regular Meeting on May 8, 2009, by a vote of 17:1 (Zarate, Beasley, Lewis, Gebre, Wadhera, and Metzler absent; Jimenez-Harm, Carter, Conway, Van Artsdalen abstained) the Workforce Investment Board: 1. Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute contracts with the following Youth Program Operators for Program Year 2009-10 as recommended by the Santa Ana Workforce Investment Board and Santa Ana Youth Council: Youth Program Operators 1 Orange County Children's Therapeutic Arts Center $ 146,147 2. Taller San Jose $ 118,539 3. Orange County Youth Commission $ 42,488 4. Orange wood Children's Foundation $ 96,687 5. Santa Ana Unified School District $ 153,300 6. Orange County Conservation Corps $ 164,754 2. Recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute the Memorandum of Understanding with the Santa Ana W/O/R/K Center for the Youth Service Provider Navigator service to June 30, 2010, in the amount of $232,085. DISCUSSION Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and its Youth Council are required to make funding recommendations each program year utilizing WIA youth funds in order to provide WIA services to local qualified at-risk youth. A Request for Proposals (RFP) seeking providers for youth services was released on December 29, 2008 and ten responses were received (Exhibit 25N-2 Youth Program Operator Agreements PY 09-10 June 1, 2009 Page 3 A Request for Proposals (RFP) seeking providers for youth services was released on December 29, 2008 and ten responses were received for the 2009-10 program year. On March 26, 2009, the RFP Review Team met to review the proposals and make funding recommendations. These funding recommendations have taken into account the WIA requirement to ensure that at least thirty percent of the youth funds are spent on out-of- school youth and to serve the neediest youth as outlined by the Department of Labor's "New Strategic Vision for the Delivery of Youth Services under the Workforce Investment Act." Additionally, these recommendations are the first step needed to ensure that at least eighty percent of the funds are obligated each year, as required by the Act. FISCAL IMPACT Funds are available in the FY 2009-10 budget of the Workforce Investment Act account (account no. 123-295-6933 for Youth Program Operators and 123-225-various for Youth Service Navigator). APPROVED AS TO FUNDS AND ACCOUNTS: ~d1.Cynthia Ne son ((JJ Deputy ty Manager for Development Services Community Development Agency c ~~~~~ o~ Francisco Gutierrez ~j,J Executive Director Finance & Management Services Agency CJN/LAS/FJ/kg Youth Program Operators PY 09-10 25N-3 Exhibit 1 SANTA ANA YOUTH COUNCIL RFP Review Committee RATING SUMMARY SHEET PY 09-10 The RFP Review Committee determined that six out of ten proposals meta 70% threshold of points available in the evaluation criteria. Funding Recommendations: PROGRAM RANKING AVE. POINTS FUNDS FUNDING REQUESTED RECOMMENDATION OC Children's 1 84.5 $146,147 $146,147 Therapeutic Arts Center Taller San Jose 2 78.25 $118,539 $118,539 OC Youth 3 73.5 $132,794 $42,488 Commission Orangewood 4 72.25 $96,687 $96,687 Children's Foundation Santa Ana 5 72.0 $153,300 $153,300 Unified School District Orange County 6 71.75 $164,754 $164,754 Conservation Corps Orange County 7 64.0 $129,506 Funding not Department of recommended Education The Bridge 8 63.25 $100,000 Funding not recommended OC Bar 9 62.0 $128,514 Funding not Foundation recommended Christian Latino 10 61.5 $87,544 Funding not Association of recommended Music and Arts ~ i. r~~p~sa~ rcanxmg summary ~y-1u 25N-4 MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA ANA WORKFORCE INVESTMENT BOARD/YOUTH COUNCIL AND THE SANTA ANA W/O/R/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR This Memorandum of Understanding is entered this day of 2009, by and between the Santa Ana Workforce Investment Board ("WIB")/Santa Ana Youth Council and the Santa Ana W/O/R/K Center ("Provider") acting in its capacity as the Youth Service Provider Navigator. 1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W/O/R/K Center as their "Service Navigator" for all WIA youth services, and its eligible participants. The Service Navigator's function within the Youth Service Provider Network is to coordinate services in a manner that eliminates bureaucracy from the participating providers. 2. STAFFING RESPONSIBILITY OF "PROVIDER": The Santa Ana W/O/R/K Center must provide sufficient staff to conduct the following roles: A. Assist with recruitment of potential WIA youth participants to Youth Service Provider Network B. Refer eligible youth to appropriate WIA youth providers C. Collect eligibility documentation (both at provider location and Service Navigator site) D. Certify WIA eligibility E. Ensure accuracy and timely submission of all Job Training Automated (JTA) MIS system forms F. Provide technical assistance and eligibility training to all providers G. Develop policies and procedures to ensure compliance with Federal, State and Local WIA rules, regulations and goals H. Track and maintain program provider performance goals I. Coordinate co-enrollment among youth providers J. Actively participate on the Santa Ana Youth Council K. Coordinate (and provide as needed) follow-up services with providers and participants L. Provide on-going Labor Market Information related to youth to providers M. Provide on-going ADA/EEO information/training N. Provide on-going information/training on Child Labor Laws O. Provide legislative/regulatory updates on services, programs impacted by Youth Workforce Development P. Collect, analyze and report to Youth Council the results of the Customer Satisfaction Surveys 1 25N-5 Q. Create and implement a continuous improvement project based on the results of the Customer Satisfaction Survey R. Be available and prepared for monitoring by Federal, State and SAWIB staff 4. FOLLOW UP SERVICES: Follow-up services will be a coordinated effort between the W/O/R/K Center Service Navigator and the youth program operators. The purpose of follow-up is to determine a participant's employment and educational status after exiting the WIA program and to provide additional assistance if needed. 5. BUDGET: The W/O/R/K Center acting as the "Provider", shall provide all of the services discussed herein as well as those set forth in Exhibit A, for the monetary amount set forth in its budget attached hereto as Exhibit B. Said Budget may annually be updated as approved by the WIB. 6. DURATION: This MOU shall remain in effect until a written cancellation is submitted by either party giving a 30-day advance notice. 7. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other. Amendments to this MOU shall require the approval of the authorized signatory for the WIB and the Deputy City Manager for Development Services, on behalf of the W/O/R/K Center. 8. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Deputy City Manager for Development Services to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the Executive Director's resolution efforts fail, any party may file a grievance with the Deputy City Manager for Development Services for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be borne by the losing party. 9. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 10. HOLD HARMLESS: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU. 11. DISCRIMINATION: Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, and Provider affirms that it shall comply with all applicable federal, state and local laws and regulations. 2 25N-6 12. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Patricia E. Healy Clerk of the Council CITY OF SANTA ANA David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Cynthia J. Nelson, Deputy City Manager For Development Services MOU Youth navigator 7-09 Santa Ana Workforce Investment Board By: Title: 3 25N-7 Exhibit 2 The City of Santa Ana W/O/R/K Center Service Navigator Plan Program Year 2009-2010 25N-8 TABLE OF CONTENTS Executive Sununary 3 Outreach & Recnjitmeut ~ 4 Training and Technical Assistance G Eligibility Determination ~ Completing JTA & MIS Forms ~ Job Development & Placement g Fei•foi~nance Manageme3it g Customer Satisfaction . 10 Fiscal oversight 11 Fiscal Capacity 12 Organizational Strengths and Staff Capacity.. 13 Eligibility Flow Chart (Attachment A) lb Staff Responsibilities (Attaclunent B) 18 Budget (Attaclunent C) 22 Budget Narrative (Attaclunent D). 23 2 25N-9 ~_ EXECUTIVE SUMMARY The concept of the "Daisy Wheel" service delivery was adopted in 2002 by the Santa Ana Youth Council to provide an "All Youth One System", where resources would be leveraged from a network of Youth Service Providers now known as the Youth Service Provider Network (YSPN). The concept allowed youth regardless of eligibility to receive services from the various Service Providers and the Santa Ana W/O/R/K Center (SAWC). The Workforce Investment Act (WIA) requires that ten program elements be delivered in a developmental approach to allow youth to receive resources that will help them overcome barriers to education and employment. The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting youth served with WIA funds. The YSPN was formulated with this principle in mind so that no one Service Provider would have to provide all ten elements, allow more youth to be served by the Service Providers through other non-WIA funding streams, and to streamline services provided to youth which were fragmented prior to the development of the YSPN. The YSPN consists of Service Providers that collectively offer the ten WIA program elements in a creative and interactive manner. The concept, as required by the YSPN, allows the Service Provider to focus on what service they specialize in and do best. This, however, is not possible without the role of the Service Navigator. The role of the Service Navigator is critical to promote broad-based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. Funded through the Santa Ana Workforce Investment Board (WIB)-Youth Cauncil and acting as the Youth Service Navigator, the City of Santa Ana W!O/R/K Center (SAWC) assumes the prirnary responsibility of determining youth eligibility, providing technical assistance, training and sharing best practice in case management, placement, exit, and fallow-up services, In addition, the SAWC ensures the completion and accuracy of all required forms and documentation. As the Service Navigator, the SAWC will work cooperatively with all Service Providers from the initial outreach, recruitment and intake process to the successful completion, exiting, and follow-up of all WIA youth eruolled in the YSPN. 3 25N-10 As the Service Navigator, the SAWC brings to the YSPN over 15 years of extensive experience, administering a variety of Federal and State funded programs. Staff is well versed in both programmatic and fiscal requirements. As an on-going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping the Network meet the required performance measures tluough consistent oversight and guidance in intake, eligibility, case management, exit, and follow-up. Moreover, through its partnership with local businesses and organizations, the SAWC has a comprehensive realm of services and resource available to the YSPN and the youth they enroll. This year the SAWC will be working with businesses in the community to place 400 WIA youth in paid work experience during the summer. The SAWC will maintain communication with the youth Service Providers during the life of the contract by coordinating monthly meetings with all Service Providers for program, legislation, MIS/JTA paperwork updates, .and to address any questions or concerns they may have. Individual meetings with Service Providers will also be an•anged to assist and address individual issues or questions. The SAWC will assist with the marketing, recruitment, outreach, and placement efforts of the YSPN. Ultimately the SAWC's goal is to provide the assistance and tools necessary to allow the Service Providers to focus on providing streamlined services to the youth of Santa Ana. A more detailed description on how the SAWC will fiurction as the Service Navigator is explained below: OUTREACH AND RECRUITMENT Since the development of the YSPN, the SAWC has made it a priority to inform the public of the services and programs available through the YSPN. Through its partnerships and collaboration with community agencies, the SAWC has been engaged in plaiuling and participating in community events, job fairs, resource fairs and conducting presentations to connect youth with the YSPN programs. Some of the major events in which the SAWC participates include the Annual Summer Youth Job Fair hosted by Employment Development Department (EDD), Senior Transitions Day hosted 4 25N-11 by the Santa Ana Unified Sd~ool District (SAUSD), and the World of Work Career Fair sponsored by the Orange County Department of Education. Utilizing the relationships we have established with the SAUSD, EDD, and the Orange County Department of Education, the SAWC has been able to deepen its outreach effort to a much broader base of youth, parents, and educators in the community. The SAWC recognizes the importance of marketing the entire YSPN and its comprehensive programs and services. Every effort is made to ensure that staff markets the network at ali jo$ fairs, youth oriented recruitment and outreach events, thus, benefitting all Service Providers. Tl~e SAWC, in partnership with the EDD, launched the Youth Help Desk at the WORK Center in the summer of 200'7; the objective of the Youth Help Desk is to offer a place for youth to obtain information, services, work readiness assistance and referrals. Staff has been trained to conduct comprehensive assessments for youth, address workforce needs, provide referrals to YSPN programs, and be an overall resource to the youth that come to the SAWC. The Youth Help Desk has been inshttmental in bringing to fruition one of the initial goals behind the Daisy Wheel YSPN concept, which was to provide an "All Youth One System" that provides all Santa Ana youth with services regardless of eligibility. The SAWC has been able to leverage resources through the City of Santa Ana's Economic Development Department for marketing materials and to work collaboratively with the Business Outreach Team to promote services offered by the YSPN, Youth Help Desk and SAWC. In addition, this summer the SAWC SAY Employment Program will offer work experience to youth that must be WIA eligible which in turn will offer a pool of eligible individuals for the YSPN to enrollment feom, TRAINING & TECHNICAL ASSISTANCE For more than 10 years, the SAWC staff has successfully administered and implemented many federally and state funded employment and training programs. As an on-going effort, the SAWC has made it a priority to keep staff updated and trained on all State and Federal workforce legislation pertinent to various targeted programs. Over tl~e years, staff has acquired and kept S 25N-12 abreast with the latest workforce trends and legislative changes to ensure compliance with state and federal regulations. Staff has developed comprehensive training manuals and conducted regular training for all Service Providers using a customer fi•iendly and easily understood format. Since the inception of the Daisy. Wheel YSPN in 2002, staff has also translated various complex system measurements and mandatory reporting requirements into an easily understood format for the YSPN Service Providers. As the Service Navigator, the SAWC has organized and/or developed the following training for all Service Providers in order to stay current and be in compliance with our state and federal regulations: • What is WIA? • Enrollment Strategies • Case management Strategies • Co-Enrollments • Credentiallnforrnation • Fiscal Invoicing • Fiscal Responsibility • Becoming Familiar with your Agency's Contract • Performance Measures • New Enrollment Intake • Case Notes • Exit Strategies • Follow-up training • Disability Awareness • Data Validation For the past seven years, the SAWC, as the Service Navigator, meets with the YSPN on a monthly basis to provide them with monthly reports and the status of their case loads. At the monthly YSPN meeting, the SAWC reports out on enrollments, activities, exits, and follow-ups. As needed, the SAWC also conducts staff in-service training for the Service Providers and alerts them of any changes to paperwork as well as modif cations to process and procedures. Cne of our goals has been to provide the YSPN with all the tools necessary to allow them to focus on providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service Providers for individualized training and technical assistance. At times, when Service Providers have experienced staff turnover, the SAWC staff readily stepped in and provided much needed transitional and customized training to ensure continuity and consistency of service delivery. Examples of training niclude eligibility requirements, intake process, activity setting, case management tecluliques, performance management, exit sh•ategies and follow-up techniques. The trainings were tailored to meet the specific needs of each Service Provider. 6 25N-13 ELIGIBILITY DETERMINATION TI~e SAWC as the Service Navigator will assume the primary responsibility of determining WIA youth eligibility in accordance with Federal, State, and local rules and regulations. We will train Sewice Providers an the eligibility process, provide eligibility forms, calculate participant's family income, determine participant eligibility, review and analyze participant activities, and process eligibility JTA/MIS foi7ns. The SAWC has a designated Eligibility Technician with the experience and knowledge to determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted applications and determine eligibility by verifying eligibility documentation, youth participant right to work, selective seLVice compliance (for males 18 years and older), and determining income eligibility in accordance with the Poverty Guidelines. Review goals and activities to ensure that PerfoiYnance Measures can be attained, record the participants' information in a database in order to produce reports necessary to keep Service Providers informed, and forward accurate JTA forms to MIS personnel. Recommendations, suggestions, and/or corrections are given to each Service Provider as needed to ensure that the eligibility requirements have been met, and that enrollment goals for each program and the YSPN as a whole are reached. An Eligibility Iflow Clrart is attached (see attachment A) to provide a better understanding of how eligibility is processed. COMPLETING JTA & MIS FORMS The SAWC will ensure that JTA/MIS forms are completed accurately and submitted within the allotted timefi•ame. We will review all JTA/MIS forms to ensure accuracies and compliance with Federal, State, and Local guidelines. All Service Provider will be provided with computerized JTA/MIS forms, training on completion of JTA/MIS forms, and a JTA/MIS Time Line Policy. SAWC staff will be available to answer questions and provide tecluiical assistance to all Service Provider regarding the forms, 7 25N-14 JTA/MIS forms are processed in a cluonological order by the Service Provider and the SAWC. Once the application, activity foam, and youth test score foi7ns are submitted to the SAWC, it is the responsibility of the Service Navigator to ensure that all infoi7nation is accurate and the activities match the youth's needs. In addition, the SAWC ensures the documented youth test scores are accurate and that all fo~7ns have appropriate signatures. It is very important to track key information fiom each form in order to produce reports for Service Providers, track performance outcomes, and have the information readily available to provide guidance to the Service Provider on how to proceed with their participants at any given period. The SAWC has developed its own tracking database tailored to provide the above capabilities while giving itself the flexibility and information to provide the YSPN with specialized teclmical assistance. In addition to the tracking system, a reference file has been created for each youth enrolled in the YSPN in order to track JTA/MIS foi•~ns and ensure accuracy of information. The SAWC will make copies of the completed JTA/MIS foams and forward them to the MIS Unit for entry into the State data system for official etuollment. Copies of the 7TA/MIS forms with an official stamp will be retui7~ed to the corresponding Service Provider. As activities are closed, the Service Provider is to submit JTAIMIS forms along with data verification, if necessary, to the SAWC who will ensure their accuracy, input the data into the kracking system, make copies of the forms, and submit the forms to the MIS unit for official recording. Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the best exit strategy. The objective is to make sure that the youth has received quality and necessary assistance to improve their situation and meet WIA Performance Measures. As the Service Navigator, the SAWC is responsible for reviewing every exit form, requesting data verification if necessary, obtaining post test score forms, making sure that all activities are closed, and ensuring that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole. Once that has been established, all exit foiYns and pertinent information are input into the tracking system and copies are made and sent to the MIS unit for entry into the JTA system. 8 25N-15 Follow-up services will be conducted for one year for each exited participant by the responsible Service Provider. Follow-Up forms will be submitted to the SAWC for review, for input into the tracking system, for data verification, and to enter into the JTA system. JOB DEVELOPMENT & PLACEMENT The SAWC has a comprehensive realm of services available through its partnership with local businesses and organization. The SAWC is an integral pat•t of the City's Economic Development Department that is comprised of workforce development, Empowerment Zone and Enterprise Zone Programs. The Enterprise and Empowerment Zone programs are designed to promote business growth and job generation by offering state and federal tax credits and highly valuable economic incentives to businesses. Many of our Santa Ana residents including youth qualify for these tax credits, thus providing significant bottom line savings for Santa Ana businesses. It is through all these various links that the SAWC is able to provide flee community with quality job placement assistance and offer connections to a strong labor market. The SAWC will offet• assistance and guidance in job placement by notifying Service Providers and youth of job opportunities, employer on-site• hiring recrlritments, and job fairs. SAWC will notify Service Providers daily via electronic mail and/or flyers regarding job announcements. hi addition, the SAWC in the last year has become an integrated system and has merged their resources and staffing with our various partners like EDD. This integrated approach allows more individual assistance for our older youth to find employment. Workshops on resume writing and interviewing are just a few of the added components to helping them find employment. The SAWC also offers "Provelt", a computerized assessment tools that provides clients the opporhu~ity to assess their skill and knowledge in over 100 skills and career interest. PERFORMANCE MANAGEMENT The SAWC, through its extensive experience administering Federal and State funded programs, understands that WIA performance management is vital to the success of the YSPN. As of July 1, 2007 the Department of Labor (DOL), Employment and Training Adminish'ation (ETA) approved the Common Performance Measures. As the Service Navigator, the SAWC prepared 9 25N-16 for these changes and had staff attend common measure trainings through DOL and at the annual California Workforce Association Conferences, This is just one example of our commitment to helping the YSPN stay in compliance and up to date with new regulations so the YSPN can succeed in meeting all Federal, State, and locally mandated performance measures. The SAWC also provided training on common measures to allow all Service Providers to have a basic understanding of what common measures are and how they will affect them. The SAWC will provide all Service Providers with individual exit oversight, Staff will meet individually with each Service Provider to go over exit strategies for each youth actively enrolled on their case load and evaluate which youth are ready to exit the program and holy their exit will impact the overall success of the YSPN. The SAWC will train all Service Providers on how to exit and follow-up on their youth in order to comply with federal, state, and local regulations. We will use our data base to provide reports to the Sezvice Providers and inform them of follow- up due dates for each participant at their 30, 60, 1St, 2"a, 3ra, and 4°i quarter follow-up. The Sezvice Provider will also receive updated charts and data informing them of how they are doing with their WIA Performance Measures individually and as a Network. This will ensure that as a network we stay informed of our planned versus actual goal attainments and that we meet all requirements and measurements. CUSTOMER SATISFACTION Measuring customer satisfaction has always been an integral part of the YSPN program operation. Currently, the SAWC is responsible for monitoring and supporting continuous improvement work teams as well as monitoring and increasing customer satisfaction for the entire SAWC. A customer satisfaction survey tool for clients and employers has been developed for those serviced by the SAWC. The SAWC will assist in tailoring a survey for participants under the YSPN. All Sezvice Providers wilt administer suzveys during the life of the program as youth are exited fiom the program. In addition, all customer satisfaction outcomes will be reported to the Youth Council. The SAWC will create and implement a continuous improvement plan based on the results of the customer satisfaction survey. We are committed to providing exceptional customer services and will strive for continuous improvement utilizing data collected and by sharing this valuable information with all youth Sezvice Providers. 10 25N-17 FISCAL OVERSIGHT The SAWC is responsible for processing the Service Providers invoices and reimbursement requests. It is the responsibility of the SAWC to ensure that all Service Providers understand that the utilization of WIA funds is to be reasonable, allowable and allocable as required by Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD Directives and City of Santa Ana policies. The Fiscal Specialist provides a mandatory annual training to all Service Providers fiscal staff regarding the necessary requirements for invoicing their program expenses. At this aurzual training, all Service Provider receive a YSPN Fiscal Regulations binder with the fiscal regulations and resources necessary for the successfitl fiscal management of their programs. The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all programs fiinded by WIA. Onsite monitoring must occur at least once during the program year, must review fiscal records as well as policies and procedures, and provide a written repozt delineating findings; any needed corrective actions, a timeline foz• accomplishing the corrective actions and include any follow-up on corrective actions. The SAWC Fiscal Specialist establishes a monitoring schedule for visiting each program operator in the YSPN. During the review, financial records are sampled to ensure accuracy and compliance with federal, state and Local regulations. Technical assistance is offered when necessary to establish and maintain accurate accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to resolve any issues that arise fiom the monitoring. Written reports are issued indicating findings and tiveaknesses. Staff follows up with the program operators to resolve findings and maintain financial records as required by regulations. FISCAL CAPACITY The SAWC is a part of the City of Santa Ana. All fiscal and procurement operations follow the policies and procedures of the City. As a part of the City's accounting system, the SAWC has various account numbers assigned that relate to specific funding sources. Revenues and expenditures are coded with account numbers relating to those funding sources. Monthly financial statements are produced based oi~ charges to those accounts. The monthly reports 11 25N-18 indicate the line item budget amounts, expenditures against the budget and the balance remaining for each account and funding program. Accowlts Payable YSPN service provider invoices with accompanying documentation are received and reviewed by the SAWC staff for allowable and reasonable expenditures and for completeness of documentation. Any discrepancies are reported back to the Service Provider with requests for additional documentation as needed. After the invoices have been reviewed, they are forwarded to the Fiscal Specialist for final review, assigning of account numbers and approval for payment. The invoices; along with a request far payment, are sent to City Hall for processing. During the payment process at City Hall, the payment amount, payee, invoice number, payment date and account number are entered into the accounting system. (See Attachment C -Invoice Process) General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed by the Fiscal Specialist who assigns the relevant account code based on the chart of account established by the City. The invoices are approved and forwarded for processing and payment. At the end of the month, expense reports are prepared by account az~d distributed to the various agencies within the City. Payroll As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed by all staff indicating functions and programs that have been worked on during that particular pay period. That information, with the accompanying account numbers, is entered into the payroll system by the Payroll Specialist. Payz•oIl dallat• amounts are posted to the accounting system and are reflected on the monthly financial reports. Procurement The SAWC follows the City of Santa Ana's procurement policies as well as federal and state regulations related to procurement. Purchase requisitions for items over $500 are entered into the accounting system and approved by the finance staff at City Hall. Buyers from the Purchasing Department review the requisitions and issue purchase orders following City policies 12 25N-19 and procedures. When the goods are received by SAWC, staff compares the goods delivered to the purchase requisition for completeness and accuracy. The purchase order paperwork is approved, signed and returned to the Purchasing department. Payment for the goods is initiated through the Purchasing department following City procedures. ORGANIZATAIONAL STRENGTHS AND STAI`r CAPACITY The SAWC brings over 15 years of experience operating various federally, state and locally funded employment and training programs, and has consistently met or exceeded performance expectations. Listed below are some of our organizational stt•engths. 1. A state recognized, award-tvirnring entity with a proven record in leadership, workforce innovation, service integration and quality services. 2. A One-Stop Center with versatility in its service delivery that is capable of addressing the needs of diverse target populations resulting in the diversification of multiple funding streams. 3. Effectively leverage resources across an extensive network of partner agencies and community organization. Demonstrated fiscal stability and program sustainabi[ity over the past 20 years. 4. Exceptional track record in successfully implementing the following programs: W1A Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency Grants, Governor's 1S% discretionary Grants, 25% Grants, DOL Welfare-to-Work Grant, DOL Faith-based Initiative Grant, The Santa Ana Federal Empowerment Corporation funded -Housing and Urban Development Grant -FEZ Daisy Wheel Employment and training Program, DOL -Youth Earmark Grant, the Department of Justice -Weed and Seed Program. S, Staff is well versed and current in all workforce legislations. Tlu•ough members in State and national workforce associations, staff has the ability to access timely workforce intelligence as well as any pending legislative changes and to share the information with network service providers. 13 25N-20 6. Has a fully developed internal monitoring and performance management system in place. Comprehensive and time-tested policies and procedures manuals are updated regularly. STAFF CAPACITIES: Economic Development Manager: Has over 20 years of experience in govermnent and overseeing various federally, state and locally funded workforce and economic development programs. Manages the various funding streams and operation of the Santa Ana WORK Center. Serves as an active member to the Santa Ana Workforce Investment Board, Workforce Specialist III: Has a Bachelor's degree in Sociology from UC hvine, and over I 1 years of experience working in the City of Santa Ana with a special focus on serving the youth population. Managed and oversaw Youth Service Provider Network, Extensive experience in managing performance based programs with diverse populations. Developed and fostered collaborative relationships with youth service providers and community based organizations. Has served as an active member of the Santa Ana Youth Council Board since 2001. Is a recipient of the "California Workforce Association 2008 Overall Outstanding Workforce Professional" of the year award. Workforce Specialist I: Has a Bachelor's degree from Chapman University. Over 4 years of experience ~vorking with youth and young adults in the education and workforce development field. Specializes in community outreach, marketing, eligibility determination, assessment, case management teclmiques, internal program monitoring, data management, job development and jolt placement,_Is a recipient of the "California Workforce Association 2008 Overall Outstanding Workforce Professional" of the year award. I+iscal Specialist: Has a Bachelor's degree in Business Administration -Finance. Over 32 years of accounting and budgeting experience, of which 25 years were in budget oversight for various divisions within the City of Santa Ana. 13 years in contract writing, oversight and monitoring for the DOL Employment and Training Administration funded workforce programs. Thoroughly familiar with government accounting and legislative requirements. 14 25N-21 W 1---~I H 1~''y H ~--~ ~ O H U o ~ ~ ~ ~ o ° ~' ~ o ~ ~ o ~ .~ ~ ~ ~ '~ N ~~ A' W .~ s a ~ U ~ 'd ~ '~ ~ ~ N p .~ q O ~ w ~~ ~~b o ~ ~. ~ .~`.' ~ ~ °~a'~o~ '~ ~ ~ •'-~ ~ ~ ~ ~ a~i G }' ~' ~ bA ~ O 'O~' a~ ~. U , C3 ~ ~ p ~i ~ ~ cbdA y ~ R U ~ x ~ o ~ ~ ~ ~ ~ ~ ~ ~ b ~ ~ ~ o ~ .~ ~ ~ o c3 a a~ ~ o ~ ~ ~ ~ ~ ~ ~ a~ ~ ;~ o a~i . ~ ° o ~ ~ ~ .~ ~~'~ y ~ ~ o x p bA ~ • ~ O pp v '~ ~~'' z ~ ~ O ~ ~ ~ '' _ O ~` ~ R. O p j bA Q . ~'' .tiy ~'~ y p ~ bA ~ 'L7 '~ p '+~ '+~- ~ ~-'p ~' y'""'~-'j ~ yp c'~ ~ '~ +~p c~ to^3A ~ ~" 'd ~ O ,. .--. ~ v ~ bQ ~ N ~ cad 'O ~ 'C '~ ~ ~ ~ F ~, bA~.," .+ s ~ 'tl k 5 ~ ~ . ~ ~ ~ .ty ~ 4~ 'd • y ~ ~ • ~ O N ~ ~ c d ~Z W ~ o 0 oa 0 0 ~i' ~ as -d o .~ ~a ~° o ~ ~" ° o ~ `~ a ~i ~ ~v a ~i ~ ~ ~ ' ~ ~5 ~°-' y .U c .~ a.~a ~°a~ a~ ~,~~ ~~; ~aa<A A v • . . . . . . a . ~ z a ~ o ~ ~ ° ~ ° ~ p ~ ao cUd 25N-22 Eligibility Flow Chart °HevlpW oitiUaCappllCatfori'an ,rou documentation'a r~ c# rii~atlon on tracki~tg systerYi ,' (Attachment A) 25N-23 T~ VJ O V J hw 0 h w o ~ o o a _o ~ ~ ~ ~~ ~a ~~ ° ~~ o O O, ~ ~ °~ . - O cd '° bn ~' ~ ~ N 'O ° V .~ ~ .~7 O `~ H ,a; '-° Q O ~i 'tom" ~ ~ . ; .~ ~ ~ ,~ ~ ~"' ~ 'b O ~ '~ O ~ ti ~~ O ~ ~ 44~ t{~ b4 C P4 ,~ bQ ~ ~ ~ O ~ bA ~ ~ ~ .~ ~ ~ ~ ~ ~ O C ~ ~ ~ ~ ~ ~ O O ~ O y~ 4~ .~ .~ O ~ ~ cdd 0 + v~ t0-~ bA ~ L~ O '~ N M c~ ~ ~ ~ A~+ ~ ~'' 4~ bA ~ f-a ~ bA ~ .~ 0 ~"~" vi Rz.. ~ a~i ~~, ~ W '~ ~ •~O '~ O ~~ ~ ~Q., Z ~ G ;~ ~ ,-~ ~ >, . ~ ~' W 5 ,~ >, '~ ~ s' ~ R, ~ •~ ~ ~ ¢. % ~ b id z0 ~ a •s ti ~ ~ ~ ,o ~ a ~ ~ ~ ~ ~ ' DG o bA ~ ~ ~ ~ ~ ~ ms's ~ O a ~ ~ O ,~ A ~ ~ O ~ ~ ~ O ~ ~ ti ~ ,~ y ~ bA ~ ~ ~ ' p z W fsi ~ ~ ~ . ~ ~ ~ ~' chi ~ °~ a ~ ~ a ` ~ ~~ ~ ~ ~ ~ ~ ~ t~. o ~ C! ~ ~ ~ ~ ~ ~ ~ ~ C]. ~. ~~ ~ cad R ~ "' v . vii ~ N U ° ~ ~ ~ H ~ S~. ' Cd p . ~ P, ~, ''-' v O ~ ~ ~ N O ~ ~ ~ y ~ ~" ~ O . ~ .~ P4 d~ sx~ v- W .~ v,,.~c° ] W ~°L~ f v ,f-+ ° a: a ~U N z R~ o o a ~ rn N 25N-24 h'~' H H F- a U C F-+-~ Q ~"'~ V }--i F Q ~ 0 i ~ bA ~ o ~ •~ '~ o ,b bA A ~ ~ w •~ o a ° o a~i `~ o O U U ~ ~ ~ ~ 0) ~ 'd • ~ O .--< ~~"" O •~ . id OU ~~ ~ ~ O ~ ~ O ~~ O y ~ ~ to ~ O ~ ~: ~. ~.~~~~•~ ~~ .~ o z ~ ,~ ~ ~ ~ ~, bQ ~ „ ~., b ~ dA j' ~ ~ +~ ~ O ` ~ bA ' 4~ I c b4 O ~ c+ ~ .~ ~ ~ b JO c ~ ~ k ~ o ~ ,~ 'd N a v 0 y ~ ~ U o O~ a ° ~ O ~ v,~ W v, ~ . ~ ~ o m ~ 'd ~ ~ ~ ti ;~ ,~ b ~ ~ ~ . b ~ m ° ~ i O ~ ° ~ ,F,i ~ '~ ~ ~ CC c~ O N ~ ~ ~ .: E O ~ ~ O ~ ~ c'~ . ~ ~ v w O ~ ° U v, ~ v, ~ . ~ ~ ~ v x ~~ °~x~ ~ ~~~a~ '°~~~ ~i O o o ~ ~ ~ ° ~i °~ ~ ~ ~ a~ 'b 'b ~ bA ~ ~ ~ ,n WW ~ O, ~A4 '~ • ~` ~ ~ ~ O ~y roA1 ~ ~ ~ ~~ /Z a °' /~~ ~°yy /~~ .d '-~ vas ~j~' ~ , ~ , ~ VJ Vi O O dd ~~ ~O O 6) Vi ' ~ `n • ~ ~ }~-~ ~ N , OO O ~ ~ A, O ~ ~ Q ~. a U aax d J R+~~i0 a~ C~ FK a~fs+~' aw . . . . . . a z . ~ ~ U }-1 0 a ' ~ w" 0 ,~ 25N-25 Youth Navigator Budget Fisca[ Year 2009-10 Salaries Benefi#s Tota! Personnel Costs: Operations: Communications Training & Travel Office Rent Office Supplies Office Operations To#al Operations Costs: Indirect Costs Supportive Services Total Youth Navigator Budget: Attachment C $146,680.00 $50,655.00 $197,335.00 $2,670.00 $1,705.00 $11, 600.00 $1, 375.00 $7,715.00 $25,065.00 $8,685.00 $1,000.00 $232,085.00 25N-26 YOUTH SERVICE NAVIGATOR BUDGET 09-10 NARRATIVE Salaries Salaries of $146,680 for fiscal yeaz• 09-10 are based on staffing of 2.17 FTE. Due to the fiscal constraints facing the City, the scheduled salary increases may not occur pending the outcome of negotiations with the various unions and the City. The proposed salaries include a 4% increase as of July 1, 2009 and a 2.5% increase as of January 1, 2010. The salary figure also includes the 8%PERS employee portion paid by the City of Santa Ana as a retirement benefit. Staff includes; Workforce Specialist III 1.0 FTE Workforce Specialist I 1.0 FTE Sr. Office Assistant 0.15 FTE Economic Develop Mgr 0.02 FTE Benefits Benefits of $50,655 are based on the following information: PERS contribution of 8.4% of base salary Medicare contribution of 1.45% of base salaz•y Medical retirement contribution of 1.75% of base salary (increase from 1.4% for 08-09} Woz•kers compensation contribution of 1.04% of base salary Health benefits increased approximately 5% fiom 08-098 to 098-10 Opezations: Contrachial services az•e office overhead costs, which include but are not limited to telephone costs, office rent, training and conference costs, advertising, and contractual obligations. Office Supplies Operating materials and supplies are based on usage for fiscal year 2008-09 and include printing, meeting expenses, mileage, postage, etc. Attachment D 23 25N-27 Fixed Char es Fixed charges, which include City Equipment Rental, Insurance, IS Strategic Plan and IT Support, are assessed by the City of Santa Ana and the Community Development Agency. Charges are allocated based on staff costs and usage. Indirect costs are 5.92% of the full time salaries and are budgeted at $8,685 for fiscal year 2009-10. Miscellaneous Supportive services are budgeted at $1,000 for the service navigator. Service providers budget supportive seiwices for their participants in their individual budgets. Attachment D 24 25N-28 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 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 ("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: THIS AGREEMENT SERVES AS A SPECIMEN FOR ALL 2 5 N -2 9 AGREEMENTS REFERENCED IN THE ACTION TO BE Page 1 of 15 PREPARED AND EXECUTED. 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 2 5 N ~~ 0 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) within 30 days of determination (reviewer) date; any subsequent updates to EWIE 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. J. Without prejudice to any other section of this Agreement, CONTRACTOR 2 5 N -31 Page 3 of 15 shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference 2 5 N ~~ ~ Page 4 of 15 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 adrug-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 for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on-site monitoring reviews of said program operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will be conducted. C. CITY has the right to de-obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2009 and all duties arising under this Agreement shall have been performed by_ June 30. 2010 .The term of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. IV. 25N-33 Page 5 of 15 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) core performance measures for youths ages 14-18 and four (4) for core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has imposed three (3) common measures for youth ages 14-21. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the 25N-34 Page 6 of 15 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 athree-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. 12. CONTRACTOR certifies that this Agreement does not provide for the 25N-35 Page 7 of 15 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 aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-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 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and 2 5 N -3 6 Page 8 of 15 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 Involvin Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which 2 5 N ~~ 7 Page 9 of 15 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 ofself-insurance. 2. Automobile Liabili Coverage CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,0001imit 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. 25N-38 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. E uipment 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; 25N-39 Page l l 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. 2 5 N X40 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-76) Santa Ana, CA 92702 and, 2 5 N -41 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: 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. 2 5 N -42 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" By: David N. Ream City Manager "CONTRACTOR" BY: Name: Title: Tax ID #: 2 5 N -43 Page 15 of 15 25N-44