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HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT/ROPCity of Santa Ana ` Clerk of the Council r - AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect Fir' _ItM 15 PH Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. CIT AMP ----C4antG0. A�Ifr�i_� L=.-_uL ______________________________ _ The agreement with 74 No. A-2008- 2�� was completed on & -�) 0 — 0 and final payment has been made. Department Phone/Ext.: Signature: -�9; s Date: e�5I o I I Q Revised 12-07-07 • A-2006-226 INSURANCEON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES S= CLERKOFCOUNCIL DATE: Nj�t 20�9 DA� 6 i8, r �etnaS Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 18' day of August, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Santa Ana Unified School District/Career Development/ROP ("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 LW1A, 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 Califonnia law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS Page I of 14 A CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the VJIA', attached hereto as Exhibit C and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. Page 2 of 14 I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce 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 ER IR; any subsequent updates to EWIE and for SWIG 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 EWIE) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above -referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on Page 3 of 14 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 (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. 0. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but Page 4 of 14 not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. II. CITY'S OBLIGATIONS A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed one hundred sixty-three thousand, three hundred fifty dollars ($163.350) for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. C. CITY has the right to de -obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on August 18, 2008 and all duties arising under this Agreement shall have been performed by June 30, 2009 . The term of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency and the City Attorney. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 5 of 14 XVORICER'S CO`•IPEN\ ATIO\ AM) F�2PL01°ERS RIGHTS A. CONFLACTOR shay use apn:opr!at1 "in" C:TY to procidc �a oti;ers' eo-npensation I, all those h_re,:l h, CO-A1'R.ACTOR under this ; gi eeaem. CONTRACTOR ill hire the riak tr J ire, dtti .isc. or promP ' ote Its ei''ee ,s of eonlrau peionne mreC. undci tl i� A m nneW so long a' t s Timing of Lli]nissal pKin cc standard t �e� 1101 Vrotate TILc R V11 C`t the (In i ghts Act ,,I1464. ran LaDor Stanoffi'L < Ac. of 1 y `S. or anA other annd abic iau� riaintamn itself L an Equal nppomulit� en;�lo� er. VL APPLICABLE GUIDELINES A. Tne parries hereto agree that CWNTR_!tCTOR shall corapl) Uith al`. applicable and state lams 'aac regulations. includhrg. bu: not limitec. to the periormance Standards (EAhibit B i aria gene a_ pn:g am requirements described in Sections 1 o6 and " 1 of tO L he Act (21SC tie:tionz 1516 and l551; and applicable regulations. and the L.S. Depanmem o' Labor gtudcline-� and I niauons ncludiug, amenclment� or revisiom made during theter-ins Of lhi, Said applicab:e lass a.e hereby incorporated Ll roference and mace as pa.r-, of thi 4geer,ent as :hough faih se. fo it ncreir_. B COATRACTOR also assures and cern-,5es that: cc-)a7P.4,r'TOR aclarowledge and confn ors Lhat, rhtL D par en,' J7 _aho'l3� eCtab .'shed Thr"Ce A pert O'7Lance l easnres feu al'I A out, ages 1'+ ' i . Pen�r ag' V "_ retll orwatIor and d! L.,�. i),po_t:nen-, of i-a- c anU HDD an,. shall meet an. ad"ditlonal pefOIlna ce pleasures that rnaL be subs„ q'uent� req,,ure! br he �� on force Lrv'estlnent Act or bl anf other Federal. State. auid local .ay.. CO> TR_AC T OR shall compl, ra I Title vii of the Civil Rig:rts Act o ` I WW T! 8 5-ci and it- accordance pith Ti le V'I1 of tile Act. no person shall on the grounds A race. sold, rejig ion sex. age. handiea- o: national origin be excluded from participation inbe the hme53 of. or be othev ise subjected to discrimination under this Agtenient. 3 CO'�TRACTOR shun] eomPh raw anx_ and al. federal jar °s limiting the actn'15V Oi enplOYees 1llreC Ullder tllls Ag"eemeill. 4, CO\TP—ACTOR shay: conrph raith the reG.ureniems thal. no program uncle] the cI shall im oh e political actin ities. RECORD iNSPECTION COITRAC OR shall prmld tie S. D l at:nc m of L-abor and the C on.rolle veneal be and through an, au*Lo z •e�-es r tir°e a w ell as tie W13 Admimstndvu Office_ access to and the right to examine all nco:ds. boons. p-pars or o i�a._ en << laging id tLle aCCOUntrn° airy USe Of funds under this AgreemcrV f0 i a tale-vear pe7od from and ade the e'ffe,tiIve date ofthis Agnreement. 6. 'No person w h responsibilities in the operation of am program under the Act shall discriminate udtr respect to anY pro -min participant or any application for participation in Page 6 of 14 such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its Programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall Page 7 of 14 report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Govermnent 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 1875(h)]; Section 508 of the Clean Water Act (33 USC I368); 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 betaken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. Page 8 of 14 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of progratms covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non -voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE Page 9 of 14 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY. Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self -certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the fall 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. CORPORATESTATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. Page 10 of 14 X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XHL FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. Page 11 of 14 CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. Xv. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVH. BREACH -SANCTIONS If through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES Page 12 of 14 All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: M1 CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Santa Ana Unified School District/Career Development'ROP 1815 S. Ritchey Street, Bldg. lA Santa Ana, CA 92705 (714) 566-8400 Telefacsimile (714) 566-8496 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 13 of 14 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above -written. ATTEST: Patricia E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: 6��/4C Z76;� iL sa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: Cynthia J. Ne son Deputy City Manager for Development Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: 6u--__ David N. Ream City Manager "CONTRACTOR" BY: Name: R Title: Ass Tax ID #: Business Services Page 14 of 14 Exhibit A PROPOSAL NARRATIVE ABOUT THE PROGRAM EXECUTIVE SUMMARY for SUCCESS BOUND! For the 2008/09 program period, the Career Development/ROP Department of the Santa Ana Unified School District is proposing to continue the successful program that is currently being funded with WIA Youth Funds entitled Success Bound! The program will address 80% of the ten WIA elements with either direct services funded through the WIA Success Bound! program or linkages to other District programs that pertain to a particular element. Participants will also continue to be linked to other WIA providers so that they will have access to other programs in the Youth Service Provider Network. Many Success Bound! participants will also receive adult trentoring services from a collaborating non-profit organization, Career Beginnings of Orange County. However, since those services do not carry over for the 12 months after the participant exits the Success Bound! program, the District is no longer checking the "adult mentor" box on the Program Application form (Attachment A). The Success Bound.! program will again focus on high school seniors from the five comprehensive, one academy and two continuation high schools in the District. The target enrollment will be 30 Younger Youth (16-18) in an In -School Program. This target number of participants reflects the number successfully served for the past few years. The participants will be recruited in the spring, summer and early fall of 2008. Given the experience gained from previous recruitment processes, the employment/internship contacts that have been developed serving current program participants and the assistance available from the Service Navigator staff at the W/O/R/K Center, we believe that we can meet this objective in a timely manner. The basic approach for the Success Bound! program will be one that utilizes regular bi-monthly meetings during non -instructional time with participants to maintain an ongoing relationship with each student by the WIA-funded staff. These meetings will be augmented by monthly adult mentor meetings held outside the regular school day in collaboration with Career Beginnings of Orange County (CBOC), priority access to ROP courses, paid internship/work experience activities during the regular school year and collaborative leadership/guidance activities delivered during the bi-monthly on -campus meetings and monthly CBOC meetings. The planned outcomes of the Success Bound! program is: • high school graduation; • a valid career preparation experience that will equip participants with the hard and soft skills needed to be gainfully employed; and, • the support needed to achieve each participant's higher education and career path goals. TABE results and/or other standardized test scores will be used to document literacy/numeracy goals. Verification of the awarding of the participants' high school diploma and/or ROT Certificates will document the diploma/certificate goal and course schedules from post secondary institutions and/or paycheck stubs will demonstrate the entered employment/education rate goal for the program participants. The chart below summarizes how the proposed WIA funds requested in this RFP will be used to serve the 30 Success Bound! participants. On this chart, there are separate lines for each of the ten elements that indicate if the primary activities will be delivered and funded by the lead agency (Santa Ana USD) and/or one of its collaborators. The last column includes a very brief description of the primary activities and the kinds of documentation that will be utilized to document these and other related activities. This summary is based on the proposed activities described above in this application in the Program Workplan (Attachment B). WIA §129(c)(2) Program Elements Summary; In -School Youth Lead Agency Lead Agency Collaborative Primary Activities/ Program Element (WIA funds) Funded Service no WIA ftmds Agency Service no WIA funds Documentation A) educational Santa Ana Unified Santa Ana Unified N/A Tutorial incentives & activities leading School District School District referral to remedial courses to high school graduation Diploma and/or test scores B) altemative N/A Santa Ana Unified N/A Referrals to alternative secondary school School District education programs services Student records C) directly linked N/A NIA N/A N/A summer employment opportunities D) paidiunpaid Santa Ana Unified Santa Ana Unified N/A In -school internships and/or work experiences School District School District work experience Participant payroll records E) occupational N/A Santa Ana Unified N/A ROP and other technical or skill training School District career -related courses ROP Certificates and/or student records F) leadership Santa Ana Unified N/A N/A Bi-monthly on -site meeting development School District activities Participant attendance data & VOS case notes G) supportive N/A Santa Ana Unified N/A ROP Transportation services School District Student records and/or participant's lSS H) adult Santa Ana Unified Santa Ana Unified Career Beginnings Monthly Mentor Night mentoring School District School District of Orange County activities activities Participant attendance data & VOS case notes 1) 12 months + Santa Ana Unified N/A N/A Quarterly phone and/or mail follow-up School District contacts services Participant's ISS I) comprehensive Santa Ana Unified Santa Ana Unified N/A Bi-monthly on -site meeting guidance & School District School District activities counseling Participant attendance data& VOS Case noles Pursuant to the WIA and Santa Ana Workforce Investment Board requirements set forth in the RFP for this application, the 30 potential Success Bound! participants will meet age City of Santa Ana residency, current low-income eligibility, Selective Service and "right-to-work" standards plus also be identified as having one or more of the following barriers to employment: • Their basic literacy skills (reading and/or math) are at the eight -grade level or below as measured on the TABE or an equivalent standardized test; • They are considered as homeless, have runaway from home or are a foster child as evidenced by either school or social service records; • They are a pregnant or parenting teen as evidenced by school records and/or are an emancipated youth as identified by court records; • They have a record as a gang member, an offender or have a court/agency referral mandating school attendance as evidenced by county records; • They have never held a job and therefore lack a significant work history as evidenced by their WIA Program pre -application; • They have been identified a Limited English Proficient as evidenced by school records; • Their core GPA is less than 1.5 as evidenced by school records; • They have been suspended or expelled as evidenced by school records; and/or, • They are designated as a "special needs" youth with disability as evidenced by their school records (e.g., enrolled in special education with a valid IEP, designated as limited English proficient, etc.). The above summary concludes the Executive Summary portion of this application by the Career Development/ROP Department of the Santa Ana Unified School District to implement the Success Bound! Program during the 2008/09 school year. MAIN PURPOSE OF THE SUCCESS BDUND! PROGRAM As the local public school agency for well over 100 years, the Santa Ana Unified School District's mission has been to prepare Santa Ana's youth for successful adult lives. As the world becomes more complex and ever higher demands for knowledge and skills are placed on high school graduates, this task becomes evermore problematic. The participants in the Success Bound! program will benefit from the program by receiving an array of services to first help them successfully complete their public school education, and then assist them with their transition from high school to the dual spheres of higher education and the world -of -work. The Success Bound! program's services and activities will take place over an anticipated period of 8-11 months during their senior year. It will culminate with their graduation in June 2009. The target population for the Success Bound! program are students with identified "at -risk" factors but students who have not necessarily been previously targeted for any special services or programs. Success Bound! hopes to serve "average" Santa Ana students who need that "extra push" to graduate on time and enter the world as a young adult with the tools necessary to be successful in both their work and educational careers. During the yearlong program, participants will meet at a minimum on a bi-monthly basis with program staff at their home school sites but not during the participant's instructional day. The adult mentor component is a collaborative effort with Career Beginnings of Orange County (CBOC) and will meet on a monthly basis usually on the third Wednesday evening of the month throughout the regular school year. Since not all Success Bound! student will participate in this adult mentoring program and since the CBOC program no longer has a yearlong follow-up element, this adult mentor component 11 has not been identified as a formal component of the District's 2008/09 WIA In -School youth application. Individual mentor/mentee meetings will also occur on an individualized basis. For those Success Bound! participants who enroll in an ROP course, their training will last from 135 to 360 hours depending upon the course in which they are enrolled. With respect to adult/participant ratios for Success Bound!, a full-time Community Resource Specialist working in the Secondary Enrichment Programs section of the Career Development/ROP Department will be assigned to work directly with the participants. This staff member will be assisted by a part- time employee from Career Beginnings of Orange County, a part-time retired Program Specialist and most importantly the Career/College Center coordinators at each of the comprehensive high school in the District. Assuming that the participants are divided somewhat equally between the schools, there would be one adult for every 8-10 students during the bi-monthly meetings which usually last 40 minutes. Regarding the adult mentor program, the staff assists at these monthly meetings and the adult mentors normally have no more than two mentees. These meetings usually are two hours in length. Other adult/participant contact will occur as the WIA staff work with individual participants in job placement, payroll, academic advisement and other similar situations. Also, most adult mentors meet with their mentee(s) outside of the regular monthly evening meeting environment. PROGRAM GOALS/OBJECTIVES and PERFORMANCE LEVELS for Sucros BOUND! As stated in the Executive Summary portion, the Success Bound! program has a target of thirty (30) participants attending secondary programs with in the Santa Ana Unified School District who will be high school seniors during the 2008/09 school year. The specific WIA program elements directly supported by the funding requested in this RFP response are: ✓ educational activities leading to high school graduation, ✓ paid/unpaid work experiences ✓ leadership development, ✓ 12 months + follow-up services, and ✓ comprehensive guidance & counseling. Participants will have access to four other services through other existing District programs: ✓ alternative secondary school services, ✓ occupational skill training, ✓ supportive services (transportation), and ✓ adult mentoring Participants would also be able to investigate and access similar services from other providers in the Youth Service Provider Network. Participation in specific services will be based on both the assessed needs of potential participants and their expressed interests. It is a goal of the program to enroll all 30 participants by the end of October, 2008. Several key elements of the overall Success Bound! program involve early advisement, academic assessment with the TABE (or a similar instrument) and enrollment. Individual participant's previous scholastic history and test scores from their SAUSD student records on the SchoolMax system will also govern which academic tutorial activities they should pursue. If tutorial remediation is needed, incentives in the form of pay will be offered to encourage participation en lieu of other work -related activities. Otherwise, participants will be encouraged to enroll in career/work related courses that are relevant for their chosen career pathway (several assessment instruments from JUST Publishing will be used in this area). 12 Experience with both WIA and 7TPA programs have demonstrated that the recruitment and enrollment process is almost always more difficult and time consuming than originally anticipated. It is anticipated that the assistance from the W/O/R/K Center's Service Navigation staff will serve to expedite the recruitment and enrollment process for Fall, 2008. Recruitment is directly tied to the vocational training and basic skills elements as potential participants need direction early in their first semester as a senior to take appropriate action in order to avail themselves of all of the offerings in the Success Bound! program The WIA performance standard will be addressed in such a manner as to meet required reporting needs through the delivery and evaluation of the proposed services for participants in the Success Bound! program. Certificates of completion and/or test scores will validate the skill attainment rate. The graduation or diploma rate will be based on the number of students graduating and/or acquiring a GED. Retention rate data will the enrollment by participants in post -secondary programs; i.e., higher education and/or technical or career training. Since the service provider outcome rates for 2008/09 program year are yet to be determined and have changed from prior years, the following chart summarizing the 2007/08 service provider outcome goals for the Success Bound! program in Santa Ana Unified serves to emphasize the District's ongoing commitment to meet and exceed the minimum WIA performance standards. (2007108 Sample) 97A Standards I Success Bound! Standards Skill Attainment Rate (Literacy/Numeracy) 84.50/i 85% Diploma Attainment Rate 67° 95% Retention Rate (Entered Education) 69.7% 80% Certificates of completion and/or competency will be awarded for many of the proposed activities. Participants who successfully complete ROP courses and meet each courses' minimum competency criteria will be awarded a Certificate of Competency. Participants in the adult mentor program are awarded a Certificate of Completion by Career Beginnings of Orange County. The District awards high school graduates with a diploma and those participants who graduate from a school such as Century HS were it has been the practice to have "senior portfolios" will also have that document which will contain other certificates, awards, etc., that the participant has accrued during his/her high school career. Continuous improvement will be addressed via several procedures. One of the most important is the participant attendance spread sheet used to monitor participant attendance at the bi-monthly leadership/guidance meetings and the monthly adult mentor activities. Another is the payroll spread sheet and its supporting hourly reporting documentation for every participant who receives pay for paid internships/work experience and/or tutorial incentive pay. This data will assist the Success Bound! program staff in monitoring the participation level of each student. This and other related information will be included in case notes for each client in the Work Center's VOS system and other paper documentation in local files at the ROP Center. Regular check-ups with work-place/internship supervisors will also provide information on both each student's progress and the satisfaction level of the training site staff. Participants will regularly provide feedback on the monthly Career Beginnings of Orange County events. All of this information will serve to assist WIA staff in monitoring the progress of Success Bound! activities so that improvement can be made whenever necessary. Meetings with the W/O/R/K Center Service Navigation staff to ensure that administrative, recruitment and case management procedures are both effective and efficient will augment these procedures. 13 SuccmBOUNDI PROGRAM DESCRIPTION PROGRAM OVERVIEW The following pages outline brief program descriptions that are focused on those selected elements from the ten required WIA elements directly and/or indirectly serviced by the activities described in and requested by this RFP. The actual WIA Workplan follows these as set forth in the Attachment B format as requested in the RFP. Each is directly related to the basic goals for the Success Bound! participants: high school graduation, enrollment in a higher education program, the acquisition of appropriate employability skills for an entry level (or higher) position which will assist the participant in his or her pursuit of both a career and a post -secondary education and each participant's literacy/numeracy goals. Outreach /Recruitment /Eligibility Determination As mentioned previously, outreach, recruitment and eligibility determination for the Success Bound.! program's target population of 12`a graders will be initiated at the end of the spring semester of the 2007/08 school year. The program design outlined below then calls for servicing the participants during their senior year. The Success Bound! program will focus on serving participants who have expressed an interest in several career pathways; Business & Marketing, Science & Technology, Health, Human Services and Entertainment, Arts & Communications. The following chart displays examples of factors illustrative of the recruitment target population that the WIA staff will use: • Resident of the City of Santa Ana; • Identified by school staff as at risk of dropping out; • No work history • Past record of under achievement (eighth grade or below academic level); • Past record of low motivation or interest (poor grades); • Has identified a career pathway • Teen parent, homeless or runaway; • Pattern of poor attendance or attendance in alternative programs; • Poverty level, as indicated by TANF or free and reduced lunch eligibility; and/or • Membership or participation in gang -related activities. • Prior summer youth employment program enrollment; • Recommendations from high school guidance, career center and/or ROP staff, • Self -referral and/or referral by peers; • Compliance with WIA eligibility requirements; and/or • Recommendations from community, service agencies or other members of the Youth Service Provider Network. With an emphasis of the Success Bound.! program on several career pathways —particularly Business & Marketing, Health, Human Services and Entertainment, Arts & Communications, recruitment will focus on the classrooms of the instructors in those pathways at each high school and the ROP Ritchey Center. The availability of the program will also be announced via "Daily Announcements," school newspapers, current WIA participants, etc., at each site. Following the pattern developed in prior years with both WIA & JTPA programs, several enrollment events will be planned to take place after the regular school day. Actual enrollment will be on a "first -come, first -served" basis with respect to when students submit their required documentation. In order to ensure both a representative participant population from across Santa Ana and participation from the various key pathways, applications from some sites and/or pathways may be "held" for a period of time to enable others from under -represented schools and/or 14 pathways to apply. But, this period will not be long as those students who have followed the application and enrollment directions in a timely manner will be given top priority. District teachers and other staff working with the Success Bound! program will work with their colleagues to assist with the collection of enrollment documentation data that will then be given to the WIA staff at ROP so that the Santa Ana W/O/R/K Center personnel in the Service Navigation unit will have only one contact. The chart below summarizes many of the outreach recruitment and eligibility determination activities along with a tentative timeline for the enrollment of all 30 proposed participants. Given the WIA requirements regarding financial eligibility and prior experience with obtaining right-to-work documentation, it is expected that the entire period will be needed to obtain a full contingent of qualifiable participants for the program. TIMELINE FOR BASIC SELECTION, RECRUITMENT & ENROLLMENT ACTIVITIES June 2, 2008 to Oct. 3, 2008 July 1, 2008 to Oct. 10, 2008 July 1, 1008 to Oct. 17, 2008 July 14, 2008 to Oct. 31, 2008 Outreach Recruitment Screening WIA Process & And for the Success WIA Criteria Receipt of Referral Bound Program Parent Consent By student Information Initial screening by Assessment parents to individual and ROP and WIA staff begins when teacher group meetings requestfor: parent staff right-to-work permission and agencies Student & Parent documents documents are meeting dates family income received Reason for established documents Referral; WIA Processing attendance Continue with the Areas to Be by WIA Service academics identification and Addressed; Navigation staff careerprep initial enrollment academics with ROP stuff alternative processes attendance to provide help placement extra curricular with enrollment grades Initiate formal career training self referral school meetings for recruitment Types of Test or Procedures to be Send information Used; to Parent SchoolMAX data or Consent for CAT, TABE Intake I Assessment Intake and assessment for the Success Bound. program participants will take place in conjunction with the enrollment process. Initial participant program goals will be submitted within 30 days of notice by the W/O/R/K Center Service Navigation team that the participant is enrolled. In place of available District assessment test scores, participants will be given the TABE (Forms 9 & 10) to assess their basic skills (this test will be used for post -testing in the spring for those participants with a basic skills goal). Job readiness, job search skills, occupational interests, etc., will be assessed during the summer and/or early fall in order that each participant's ISS is up-to-date. Other aspects of the participant 15 assessment process will be ongoing for the time each participant is in the Success Bound. program; e.g., in the area of support services, the need for transportation assistance etc., will be reviewed on a regular basis. Case Management If any revisions are necessary due to staffing changes in the WIA case management state on the W/O/R/K Center Service Navigation team, they will be worked on in collaboration with the Santa Ana Unified staff after funding notification. While the support of the W/O/R/K Center staff will be appreciated, the Santa Ana Unified School District staff in the Career Development/ROP Department's Secondary Enrichment Programs office is very experienced with youth programs and at -risk populations. This is particularly true with respect to dealing with the data collection requirements of youth related programs; both those problems encountered in enrolling potential participants and those unique to reporting program completion data. Staff is well versed in the completion of ongoing Individual Service Strategy documents for each participant, the administration of objective assessments, etc. The full-time Community Resource Specialist assigned to the WIA Success Bound! program will maintain overall responsibility for the objective assessments, ISS forms and VOS system entries. The assessments will be accomplished either at the ROP Ritchey Center or one of the full service Career Centers on the regular high school campuses. Unless there is a change for the 2008/09 program year, ISS folders will be maintained in the Secondary Enrichment Programs office. Any other concerns vis-a-vis the interface of Success Bound! staff with the W/O/R/K Center Service Navigation team will be dealt with when the occasion arises Parent involvement With respect to parent involvement, initial contact with parents is normally made during the enrollment process. Completion of the Work Permits also often requires another parent contact. The WIA Success Bound! Community Resource Specialist will make home telephone and/or home visits during the course of the program year. Normally, the initial reason will be either attendance and/or paid work experience concerns but other calls will also focus on missing graduation requirements, college financial assistance documentation, training site issues, etc. Experience with previous years' programs has taught the Success Bound! staff that parental support can be key to getting a senior "back -on -track" towards graduation, career and higher education goals. After the initial enrollment process, there will be a few other formal school/parent activities; e.g., parents are invited to several of the adult mentor activities. But, strong informal relationships with parents will be developed with parents when there have been concerns about attendance or other related problems with training and work sites. These parental relationships will be maintained and strengthen for the 2008/09 Success Bound! program year as we have learned the value of parental support in these areas. The bi-monthly guidance/counseling sessions often provide opportunities to discuss parental/adolescent relationships in a private setting and the success, which has been experienced in improving these relationships in what can be a very trying time for both parents and teenagers, will be continued for the upcoming program year. Like the comments pertaining to actual program services, information regarding job placement, continuing education and follow-up activities is explained below in the description of the ten program elements. Again, the primary goals of the program are threefold: ✓high school graduation (diploma rate); ✓enrollment in a higher education program (entered education rate); and the ✓acquisition of appropriate academic and/or employability skills for an entry level or higher position which will assist the participant in his or her pursuit of both a career and a post -secondary education (literacylnumeracy rate). The basic thrust of the academic support system is one of close oversight and the facilitation of each participant's journey towards achieving the three basic goals for the program as stated above. Based on the objective assessment data used in the eligibility process along with other similar school -based data and information, the Success Bound! staff will develop individual service strategy plans (ISS) for each participant. These along with case notes in the VOS system and other similar documentation will detail how and which of the project activities will be used to help the individual participants reach their educational, employment and higher educational goals. The exact mix of services each participant receives will be based on his/her ISS and career pathway. However, each participant will have the choice to meet with an adult mentor, be exposed to the leadership, drug, alcohol & other health related issues activities during the bi-monthly guidance & leadership meetings, receive additional guidance and counseling support and have access to paid internship work. Program Services SUCCESSBOUND! PROGRAM QUALITY ELEMENTS Tutorial; Literacy/Numeracy skills ELEMENT #I: An effective academic support system of the participants' educational activities leading to high school graduation. The basic academic component of the program will focus on the unique needs of each participant —both in terms of academic support and in terns of meeting high school graduation requirements. Those in need of tutoring will be referred to ongoing tutorial programs at each campus that are normally staffed by Compensatory Education staff (Title I, one of the largest K-12 federal education programs). Specifically, the tutorial services at the currently participating sites are: Valley HS- Library & staff; Century HS- Library & staff plus PAL peer tutoring; Santa Ana HS- Homework Cafe (Library) & staff; Saddleback HS- Library & staff; and, Cesar Chavez HS- Library & staff. Other tutorial referrals may be made to student resource center at the ROP Ritchey Center where the WIA staff is housed. While WIA funds are not be used to equip this center, some WIA funds could be used for instructional supplies to support the identified academic needs of Success Bound! participants. Those students whose TABE scores indicate so will be required to participate in these tutorial activities prior to participating in any other program elements involving pay or other incentives. Other Success Bound! Participants will also be encouraged to participate in their schools tutorial activities. The WIA funded resources for this element of the program will be the staff (program management, guidance and support) that assist and monitor participant progress towards meeting the three goals for the program identified earlier in this section. A key facet of this activity, which was added during the 2001/02 program after a recommendation by the WIB's Youth Council, was (and will continue to be) a paid incentive to attend tutorial programs outside of the school day. This action provided participants with pay that they would normally have received in a paid work experience or internship position. Given the economic situation from which most participants come, this aspect of the program gave participants the incentive to address their academic needs while at the same time meeting economic needs. 17 Evaluation materials developed for the Success Bound! program will be designed to elicit participant opinions concerning both the effectiveness and the appropriateness of the program vis-a-vis their needs and the degree to which the project's activities helped them graduate and pursue an occupational career while also entering a higher education program. As with any useful and valid evaluation instrument, the data from these initial participant reviews will be incorporated into program modifications if necessary to better meet participant needs. Continuing Education ELEMENT #2: Provision of access to appropriate alternative secondary school services if needed to facilitate graduation on schedule. The Success Bound! program staff will carefully monitor each participant's progress toward the attainment of both their basic academics, work readiness & occupational skill attainment goals and their high school diploma. When necessary, participants will be directed to alternative programs both within the Santa Ana schools and at other agencies in order to acquire the need units/classes needed to meet their diploma requirements. These alternative programs will include the District's Independent Study and Teen Parent programs, Santa Ana College's Adult Education Programs and the Orange County Department of Education's two alternative programs; Horizon and Summit. The high school guidance counselors and Rosa Galindo at the District's Student Services Office will assist program staff in the enrollment of participants in alternative programs. Placement in alternative educational settings for the purpose of facilitating placement and retention in a post secondary educational setting will also be a key element of this aspect of the Success Bound! program. Individual needs will be assessed and documented through the normal secondary school delivery system and follow-up by staff. Depending on the needs, several options will be available for the students: tutoring, practice tests and preparation for college entrance exams, proficiency test practices, etc. Individual help from staff, adult mentors and others will ensure the success of the students. Grades and attendance will be monitored by the Success Bound! Community Resource Specialist. If additional intervention is necessary, the appropriate staff person will be notified of the needs of the student. Placement in Jobs ELEMENT #4: Opportunity for each participant to participate in paid and/or unpaid internships or work experiences. This successful element of the current 2007/08 WIA program is a modification a previous JTPA program between the Santa Ana Unified School District and the Private Industry Council of Santa Ana. That program, the "School -Workplace Internship Program," served high school participants who attend Santa Ana high schools and/or Regional Occupational Program (ROP) classes. As with the previous program, Success Bound! participants in 2008/09 will be given the opportunity for both paid or non -paid internship (work experience) opportunities that offer: viable paid workplace internships which provide appropriate work -based learning opportunities; improved career related curricula and instructional strategies allied with the UROG "Choosing Success" materials or other similar connecting activities; strengthened comprehensive local community partnerships; and, => improved non-traditional employment opportunities for WIA eligible students. 18 These work -based learning and connecting activities for the Success Bound! participants during the school year will be directly linked to community -based partners and implemented by proven delivery systems. These instructional strategies will include career related activities that focus on basic skills training, life-long learning and expanded career opportunities for non-traditional employment for WIA participants that focus in several areas including business, the arts and bilingual environments where using translation skills will serve the local community. Actual employment will be through the District with monthly time cards and student employee payroll data serving as documentation for the paid internship segment of the program. This paid internship program will complement and expand offerings for participating WIA in -school participants by implementing appropriate assessment activities that focus on specific employment/employability competencies. These include resumes, job applications, bilingual medical/clerical and/or instructional proficiencies, job search techniques, related bio-medical and other academic and/or fine arts curricular expectations and an awareness of career ladder opportunities and their pre -requisites. These program activities will utilize existing Central County ROP (CCROP) and District facilities working within existing class schedules & space utilization to eliminate any potential impact on regular programs at secondary sites. The primary vehicle for the delivery of this portion of the program will be the bi- monthly guidance/counseling meetings held on the individual high school campuses. Given the base of hundreds of internship or "Community Classroom Agreements" between the Career Development/ROP Department and local employers, the District does not need to enter into any other duplicate agreements. These when coupled with previous work -site agreements between various District sites and the W/O/R/K Center for prior JTPA in -school and summer youth employment programs will provide more than enough internship, job -shadowing, and/or employment opportunities for the Success Bound! participants. Occupational Skills Training ELETMENT #5: Access to an effective program of occupational skills training. The overall approach of the Santa Ana Unified School District's Regional Occupational Program (ROP) is to maximize community resources, integrate services within the educational and business communities and find new avenues to increase the level of employer involvement in the creation of internships and work -based learning. Allied with this activity are the strong work -based programs and the network linking of career pathways and work site experiences of the Central County's Regional Occupational Program (CCROP), local WIA (Success Bound), the Chamber of Commerce, the City of Santa Ana and local business and community -based organizations. The cornerstone of all of this is the ROP as it is the District's vehicle for providing appropriate, timely and effective entry-level training. Many ROP courses have work -based internships as part of the entry career certification programs. These have been integrated into the career pathways at the high schools. Allied with the ROP offerings are partnerships with Santa Ana College and local universities that enable high school students (including Success Bound! participants) to participate in articulated program of sequential courses from high school through college. Selected Success Bound.! participants will be guided and counseled into Regional Occupational Program courses related to their career pathways as these courses can play such a pivotal role in their school -to -work plan. These classes will provide participants with the means to prepare for entry-level employment, receive elective credit toward graduation, enter a career pathway, sample various work site experiences, cam money for educational expenses and/or verify career choices. And from a very practical point of view, the ROP Certificates will verify that a program participant has indeed met his/her Skill Attainment Rate goal. 19 Operationally, ROP consists of a variety of occupational training programs that lead to entry-level job skills for students age 16 and over. ROP classes, which are funded by the State, include integrated classroom and work -based activities. ROP teachers are experts in their field with a minimum of five years of work -based experience and a teaching credential. Of particular importance to many of the Success Bound! participants is the fact that these courses are offered not only at the ROP's Ritchey Center, but also on high school campuses throughout the District. Transportation is available at no cost for afternoon courses. Courses are also available in the evening and on Saturdays. Participants in Success Bound! Will also be given riD oritV registration for ROP courses during their time in the program —including the twelve-month follow-up period. Leadership Development ELEMENT #6: Provision of a support plan that affords participants with leadership development activities as an integral part of their total program experience. This element is primarily addressed during the bi-monthly meetings at each high school campus. This program is designed to be a skills -building youth development program that prepares youth to make wise decisions, set goals and gain a sense of self-worth. It is structured to be a very integrated, interactive program that raises awareness about how one's decisions and values have short and long- term consequences and how they influence one's health and well being. A portion of these activities will come from "Smart Choices" which is based on youth development programs that have been documented to reduce teen pregnancy, violence and risky behavior. This program has successfully equipped youth with skills that help them make positive life choices. This adapted program will also incorporate elements of another program entitled the "Gift of Giving" which focuses on service to others. The development of such an attitude belongs in this element and in fact, this activity not only supports two of the Success Bound! program's elements (leadership & guidance/counseling) but it also reinforces the whole concept of "customer service." This is a key element of career development and ROP courses that participants will be taking. It is well know that most teens and young adults lose their employment over non -skill related issues (the "soft skills") such as work place attitudes, attendance, customer relations, etc. The adapted "Smart Choices" program is offered in small groups and for a varying length of time to accommodate the career pathway orientation of the program and student availability. It is anticipated that each Success Bound! participant will be involved in this activity for approximately ten to twelve sessions. In addition, it is anticipated that one or more may be provided in conjunction with the Career Beginnings of Orange County's Mentor Night program that is described later in this proposal. Related Support Services ELEMENT #7: Provision of a support plan that affords participants with appropriate supportive services when needed to facilitate their successful completion of the program. A key component of the Success Bound! program will be the degree of support provided to each participant. Transportation to ROP training classes and work sites will probably be the most common example of support services. However, via the ROP's Community Advisory Committee and the Assistance League of Santa Ana, participants will have access to appropriate work site clothing when needed. The resources of the District's Teen Parent program will be brought to bear should a participant have to address such issues as childcare, parenting, etc. The collaborator for the program, Career Beginnings of Orange County will also assist in provision of services regarding this program standard. The adult mentors from the CBOC program have historically not only assisted their mentees with such expected items as career and academic counseling, recreational activities, etc., but they have help with such things as providing appropriate clothing for interviews, transportation, accompanying their mentee on job or college interviews, etc. While not directly a support service, the focus of this program is to actively engage the students to participate in community service. Program activities focus on several important social and community related concepts and it is felt that this element of the program will be of value to the participants from not only a supportive service point of view but from one of leadership. Collaborative Adult Mentoring Services ELEMENT #8: An effective adult mentoring program designed to complement and ensure attainment of the program Is goals for graduation, enrollment in higher education and acquisition of basic career skills. One of the major elements of previous Success Bound! programs has been the adult mentoring program provided by Career Beginnings of Orange County (CBOC). This activity was modeled after a program that originally began over twenty years ago with a grant at Santa Ana College. For the past eleven years, a non-profit Board of Directors has operated CBOC in cooperation with the Secondary Enrichment Programs at the ROP in the Santa Ana Unified School District. CBOC no longer is able to provide the 12-month follow-up required by WIA so will the program will still be offered to those 2008/09 Success Bound! clients who express an interest but it will no longer be as significant a component of the Success Bound! program that it has been in the past.. It is planned that each adult mentor will have no more than two mentees. The adult mentor program will be supported by both CBOC and Success Bound! staff. This program will focus around ten monthly "Mentor Nights." Follow-up activities to the CBOC evening meetings will be incorporated into the bi-monthly Success Bound! meetings. It should be noted that while these leadership and guidance/counseling meetings will be on a bi-monthly basis at a minimum because school schedules, assemblies, holidays, etc., often consume at least one of the meeting times each month even when more than the minimum of two per month are scheduled. Mentors will be recruited in a variety of ways. Each high school campus has several business partners, some schools with as many as fifteen. Conummity partners are interested in working with the schools to increase student achievement by providing better and more educational opportunities. Recruitment at these sites enables the business partner the opportunity to get "directly" involved with the students. Presentations will be made at breakfast, lunch and evening meetings. Another avenue for recruitment includes presentations at service organizations, Chamber of Commerce meetings, and the City of Santa. After initial recruitment, mentors will be asked to fill out an application and attend an orientation meeting and personal interview with staff. The Santa Ana Unified School District requires the volunteer to have fingerprints and TB testing. A physical is not necessary for any part-time volunteer. Fingerprinting will be done at orientation meetings or the first training meeting in a group setting. Orientation sessions will be scheduled to acquaint the potential mentors with the project. Orientation is not training. These sessions identify the "who, what, where, why and how" about the mentoring project. General information is given about the students, their school environment, the project and how it works, the duration of the volunteer commitment, etc. 21 Training for mentors begins shortly after orientation. All mentors must attend a minimum of three hours of training before being matched with a student. The session identifies the need of the program, clearly defines who the students are, defines the goals of the mentor project, identifies the needs of the students and their stage in development, discusses problems that teenagers encounter including peer pressure, substance abuse, child abuse and family violence, and drugs. In addition, the training provides practical advice for the mentors; i.e., how to contact the students, their project coordinator, teacher or job developer. The training sessions include a manual that covers the necessary information to make the mentoring experience successful. The Career Beginnings evening begins with a hosted dinner (sponsors are regularly solicited) once a month at a school site, postsecondary campus or business which gives the participants and mentors an opportunity to come directly from school or the workplace without worrying about dinner. It is a great time for the mentor and mentee to socialize and relax as individual contact and recognition with the mentors is important for both the mentors and mentees. An end -of -the -year celebration will recognize the accomplishments of the mentees and mentors. Career Beginnings of Orange County, works with the school district to provide recognition of the mentors in the form of certificates, plaques, etc. and recognizes the students for their completion of the program. Scholarships are solicited from the community to be presented to the students. The evening is often the highlight of the year. The CBOC Board of Directors annually plans to award 20 $250 scholarships to students in their program (including Success Bound! participants). Follow-up ELEMENT #9: An efficient and effective delivery system for twelve months of follow-up services. Note: thefolbwhtgactivihmareakoappic"toptiorWlAparficip &ftmthe2007MProgtam Evaluation and its required data gathering activities will take place throughout the project year on an ongoing basis. As with prior Success Bound! programs, the process for the 12-month follow-up services will focus on accumulating data to assess "continuous improvement" to the Success Bound! program offerings. Data from this database plus individualized quarterly follow-up contacts will become an integral part of the proposed follow-up services activities. The Success Bound! staff will continue to monitor school and work attendance with students after they exit the program upon their graduation on a monthly basis at a minimum. The District staff has had extensive experience in annual follow-up reports. The specific design of the documents used for this process will be based on that experience and any requirements of the W/O/R/K Center or WIB staff. Summative evaluation of the project will be assessed by completion, postsecondary commitment and graduation rates and at the end of the school year. The major collection timeline for follow-up data will be in the late fall after high school graduation. This will be done to verify the former Success Bound! participant's postsecondary placement (higher education, military, part-time or full-time work). Success Bound! participants will be regularly contacted on an informal basis (mail, phone and e- mail —if available) to monitor their progress during this twelve-month basis. The purpose of the informal contacts will be to remind the participants of the availability of continuing follow-up services. These would include not only the standard supportive services available to WIA program participants, but also access to tutoring/study areas at the ROP Ritchey Center, Cal -WORKS programs, the W/O/R/K Center and ROP courses. The District's Career Development/ROP staff has close relationships with 22 both programs and staff at Santa Ana College; those Success Bound! participants who attend that institution will also have access to extra support and attention during the twelve-month period as a result of these relationships. With respect to regular progress reports, record keeping, etc., the Secondary Enrichment Programs staff at the ROP Ritchey Center are experienced in providing the data needed by the WIB, Youth Council and others to document the effectiveness of the program and the success of its participants. This is true for both programmatic and fiscal monitoring. As some of the school -based information on the District's SchoolMax system and elsewhere is confidential, records (including ISS files) will be kept at the ROP Ritchey Center and the WIA online VOS system unless the Service Navigation team at the W/O/R/K Center changes current procedures. If it is necessary for other WIA youth programs, the district will collaborate with other vendors to provide student data within the boundaries of various state and federal privacy regulations. Guidance & Counseling Activities ELEMENT #10: Access to and provision of a comprehensive array of guidance and counseling support activities that focus improving student performance and achievement. Project services for Success Bound! participants that involve this final standard have been partially addressed in several of the other standards, particularly those dealing with leadership development, supportive services and adult mentoring. As also mentioned above, the vehicle for delivering the services will normally be the bi-monthly meetings held durine non -instructional times at the individual high school sites. Augmented by the services of the collaborators, this portion of the project will afford participants with comprehensive guidance and counseling services that far exceed those that they can normally access in a traditional high school setting. This aspect of the case management services for participants will also be available outside the regular school day thus making them available at times when these at -risk students do not have to be in class. Alternative methods of access are important to the target population and it is an objective of this part of the proposed program to facilitate the access of these students to supplementary supportive services. The Community Resource Specialist for the Success Bound! program will monitor participant contacts with all staff and the collaborators to ensure that all aspects of each participant's identified case management goals/ISS is being addressed. Experience with previous WIA/JTPA programs has taught that this aspect of program management is extremely import; not only with respect to reporting requirement, but more importantly, with respect to providing appropriate services to participants and coordinating case management activities that may involve of service providers in the provider's network. Case notes logged into the VOS system will be one of the primary elements in the documentation of these activities. Records from counselors and other academic guidance and career center personnel at the high schools will also be a part of each participant's file (within the parameters of existing privacy legislation). This aspect of the program would also be the main method for tracking each participant's progress towards the basic goals of the Success Bound! program. 23 SuccESSBoaND! PROGRAM FACILITIES SITE AVAILABILITY, ACCESSIBILITY & HOURS OF OPERATION The program will be offered primarily at the ROP Ritchey Center and the comprehensive high schools with senior classes; Century, Saddleback, Santa Ana, Segerstrom and Valley. All these sites and the two continuation high schools (Cesar Chavez and Mountain View) are readily accessible to project youth. They also meet ADA requirements vis-a-vis handicap access. In recognition of the importance of the District's normal academic program and the academic standards which it embraces, Success Bound! program activities will take place outside the normal academic day. Regularly scheduled bi- monthly meetings will take place before/after school (7:00 to 8:00 am and/or 3:00 to 5:45 pm), in the evening (6:00 to 8:30 pm) and/or during lunch that is considered as non -instructional time (11:15 to 11:55 am, 12:15 to 12:55 pm). The monthly evening meetings with adult mentors will take place in either the high schools or local business such as Orange County Teachers Federal Credit Union or Ingram -Micro. These sites and others such as the Santa Ana W/O/R/K Center are accessible in terms of both public transportation and handicapped accessibility. With respect to career training, school bus transportation is available for high school students attending ROP courses (this includes local drop-off points for internship opportunities) for both early and late afternoon classes. The project staff will also assist participants in getting transportation to other activities whenever possible. Prior experience with the CBOC organization has indicated that the adult mentors will also assist participants with transportation needs. EXPERIENCE For many years, the Santa Ana Unified School District collaborated with the Santa Ana PIC and now the WIB in providing CETA, JTPA and now WIA programs. During that time, over 7,300 students have participated in a variety of summer and in -school year programs. While operating these programs, District personnel in the Secondary Enrichment Programs office at the ROP Ritchey Center have developed a positive working relationship with the W/O/R/K Center staff that has now carried over into WIA programs. The Santa Ana Unified School District staff in the Career Development/ROP Department's Secondary Enrichment Programs office is very experienced with youth programs and at -risk populations. This is particularly true with respect to dealing with the data collection requirements of similar types of youth related programs; both those problems encountered in enrolling potential participants and those unique to reporting program completion data. For the past several years, District staff has been successful in recruiting and serving the at -risk population. This is not to say that there have not been problems in the past with recruitment or placement goals going unmet. But staff has teamed from experience and is ready to deal with the real difficulties encountered in the enrollment, placement and data collection processes. This need to always be on a continuous teaming curve was just recently re -affirmed during the 2006/07 program year with the revision of several former procedures regarding case notes and the VOS system. Staff is also well versed in the completion of ongoing Individual Service Strategy documents for each participant, VOS, the administration of objective assessments, etc. The Career Development/ROP Department has literally hundreds of relationships in place with area employers who have experienced success with prior youth program participants. This is particularly true of those paid internship positions utilized in past JTPA programs such as the School Workplace Internship Program, the Arts -in -the -City program and the WIA Success Bound! & Right Start! programs. In addition to these, WIA youth participants will have access to the hundreds of regular ROP internship sites partnered with specific career preparation courses. Paid, non -paid, job shadowing and other related activities will also be accessible to the WIA participants via the Career Centers at the high schools and the CTS lab at the ROP Ritchey Center. The adult mentors form Career Beginnings of Orange County (CBOC) will also be a resource to program participants. ?4 The proposed staffing will include only Career Development/ROP staff members with prior WIA experience. Given the scope of this project and the experience from prior program years, it is clear that the proposed staff should be sufficient. The proposed staff will be supported by the infrastructure of the Career Development/ROP office and the College/Career Centers at each high school. Allied with the District staff will be support personnel from other agencies such as EDD, the W/O/R/K Center, Cal -WORKS and other member of the Youth Service Provider Network. Paid and volunteer staff from Career Beginnings of Orange County will also support the team providing collaborative services to the In -School program participants. The over-all operation for the Success Bound! will be handled by Ricardo Quezada, Community Resource Specialist for SAUSD. Tony Dalessi, a retired ROP Program Specialist who has been responsible for the operational management of previous WIA and JTPA programs will continue to assist Mr. Quezada in that area. The primary contact for the CBOC adult mentoring activities will continue to be Jon Anderson, Operations Specialist for the Career Beginnings of Orange County Board of Directors and an ROP instructor. The normal working hours for these staff members assigned to work with the Success Bound! program will range from 7:30 am to 5:00 pm. However, they will be available for evening meetings, weekends and other times necessary to effectively serve the Success Bound! participants. All will be located at the ROP Ritchey Center, but to effectively serve the participants, they will be out of the office on a daily basis in order to conduct the bi-monthly meetings at the local high schools, make job -site visitations, develop new training sites and/or internships, etc. The table below, Attachment C and the Budget Narrative summarize the personnel planned to service and operate the Success Bound! program. SUCCESSBOUND! PROJECT STAFF Name all staff, including project manager, to be involved in the project, indicate their physical location, their immediate supervisor, percent of time to be allocated to this project, and percent of time allocated to other projects. Name those projects and funding sources. NAME/JOB NAME OF TITLE % OF TIME % OF TIME OTHER put "vacant" * ALLOCATED ALLOCATED PROJECTS if currently not on PHYSICAL IMMEDIATE TO THIS TO OTHER & board LOCATION SUPERVISOR PROJECT PROJECTS FUNDING SOURCES Ricardo Quezada ROP, Lee Gotcher 100% 0% Comm. Reso. Spec. Ritchey Ctr. Tony Dalessi ROP, N/A 3% 0% (retired) Prog. Spec. Ritchey Ctr. (Hrly ) Jon Anderson ROP, Lee Gotcher 10% 90% CCROP & Oprms. Spec, Ritchey Ctr. (no salary CBOC charges —time only) 25 DESCRIPTION OF THE PROPOSER The Santa Ana Unified School District is a large urban district covering a 24 square mile area serving the county seat of Orange County, California. Composed of over 50 schools/programs and serving a population of over 57,000 students, it is the largest district in the county and the sixth largest in California. Santa Ana schools have been an integral part of the local community for over 120 years. Literally hundreds of thousands of youth have received their basic education from the public schools in Santa Ana. The Regional Occupational Program itself has been in operation for over 35 years. Ever since the California State Legislature created it, the ROP has been equipping students with the entry-level skills needed for a successful transition to the work of work. The education, both academic and career/technical, that Santa Ana students have received over the years has had a lasting impact on both them and their community. The City of Santa Ana is the second densest populated city in the state, the youngest city in California with a median age of 24 and the youngest median aged city of the 100 largest cities in the United States. During the last complete census period, the census tracts comprising the City's Empowerment Zone areas grew at a rate of 55%; this was in areas with less than 1% of vacant space. Santa Ana is the third highest city in Hispanic population in America and it was also one of the primary re -location areas for Vietnam War refugees —particularly those from Laos & Cambodia. Other education -related demographic factors impacting the educational needs of students in the Santa Ana Unified School District include: Representative Factors Coun California Free/Reduced Price Meals % 50.0% English Language Learners % 25.0% Compensatory Education T1,347 % i 52.3°/� Minority/Ethnic Population 1% 70.6% CAHSEE % passed 0% 77.0% SAT %tested 0% 37.0% SAT total avera a score 90 1,497 Source: California State Department ofEducation (2006/07 school year) In addition to the academic, social, language, poverty and growth factors facing Santa Ana students, approximately 40% percent are immigrants. Many of these families are newly legalized or undocumented residents who must depend on seasonal, migrant work or entry level jobs for family sustenance. It is not uncommon for students to drop out of school to help support their family. While immigrant parents are generally supportive of the schools, they do not have a history of active involvement in their children's education. Clearly, Santa Ana youth face many challenges as they prepare for high tech, high -wage jobs of the 21st century. They are similarly disadvantaged in their level of sophistication about the world of work. They may be the first in their family to finish high school. They frequently have no adult friends or family members who work in high tech or high wage jobs. Their isolation is sometimes difficult for others to comprehend. For example, on a field trip a couple of years ago several students saw the Pacific Ocean for the first time and each year, there are graduating seniors who are apprehensive about attending an awards banquet because they have never eaten at a "fancy" restaurant. With the current statewide testing programs, the progress of Santa Ana Unified's students is public knowledge. Obviously when compared to many other Orange County school districts, Santa Ana students do not perform as well on the English language academic exams that are the basis for the statewide performance system. However, when compared to other California districts serving similar 26 populations, Santa Ana's schools outperform this group of schools from communities such as Los Angeles, Fresno, Oakland, etc. These tests and other information specific to ROP such as the percentage of students completing their training and/or being placed in an entry level position will continue to be available to the public so that the District's successes can be tracked by the public. FISCAL CAPACITY Subcontracting The Santa Ana Unified School District (SAUSD) is the responsible fiscal agency for this project. All funds granted from the Santa Ana Workforce Investment Board/Youth Council will flow directly to the school district. The District must follow the stringent accounting requirements of the California State Department of Education for local public schools. There will be no subcontracting with this program. The cost estimates used in the preparation of these budgets are based on the District's experience with similar programs over the past decade. As indicated above, the SAUSD's Career Development/ROP office has had a great deal of experience working with similar programs in WIA, JTPA and CETA programs. This has provided the knowledge to adequately staff the proposed program. Salaries for project staff are based on the negotiated salaries for the District's two bargaining groups; Certificated (teachers) and Classified (all others). Specific experience with previous WIA and JTPA programs has demonstrated that the Secondary Enrichment Programs staff from the Career Development/ROP office can manage a program within its allotted budgetary constraints. The budget and staffing information for this program outlined in the following budget narrative section is based on a twelve-month implementation plan. All documentation will be based on monthly District printouts, as these are the official public school document used to capture and report fiscal data. As evidenced by the entries on Attachment C Budget Planting Form, over 95% of the requested funds will go towards providing direct program services to participants. As with prior JTPA programs, 5% or less of the amount expended will be charged for indirect costs, administrative costs and overhead. Recent changes in procedures and staff within the District now dictate that the standard Indirect Cost rate calculated by the California Sate Department of Education for federal and state categorical programs must be budgeted. The current approved rate is under 4% for all expenditures excepting those for capitol improvements that are not included (but are also, not even permitted under WIA regulations). As Santa Ana Unified is a current recipient of WIA funding, fiscal and/or audit reports save a single copy of the most recent annual audit have not been included as these items have been reviewed already this year by W/O/R/K Center staff. There will be no changes until a new audit report is available next fall; at that time, the report will be ready for review by City staff. Many of the services that will be available to Success Bound! participants will be leveraged (or matched) by other ongoing categorical programs such as Cal -WORKS, Carl Perkins Vocational Education Act and ROP. These programs operate at the ROP Ritchey Center and each high school's College/Career Center. These services are either college or career oriented; other categorical programs within the District focus on the academic needs of participants. These include Title I which funds most of the after and before school tutorial programs at the high school level and EDY/SB90 (a state funded program for at -risk youth) that funds bilingual instructional assistants for those ELL (English Language Learners) identified participants. One of the tasks of the program staff will be to ensure that participants have full access to and use of these services. Specifically, the tutorial services at the currently participating sites are: Valley HS- Library & staff; Century HS- Library & staff plus PAL peer tutoring; Santa Ana HS- Homework Cafe (Library) & staff; Saddleback HS- Library & staff; and, Cesar Chavez HS- Library & staff. Of course, for any Success Bound! participant who is identified as a special needs student, the complete services of the District's Special Education Department will be leveraged for not only the identified student, but also his/her family. 27 N 0 G a O n w � n J J J O � � w w 0 0 0 0 �r 0 CD CD o� y C. O 'rD �o o 'b ti i a y o CD O V. CD a �G C C n O E3 W c fi w �.�, y p N ^O � y Os. O G• O tOi n (mot w y � .�'-. ors C tD rn w C C G y o mw^ =.w o'am w r. CD R. :- q o03 Ln R Y U A W Vw M O S wwb N CD y y P A A C m w w� o y� ^w^�� �n-•. N st C O n3? 00Bw yea n7 °va m, ��oR �C°ow� _ Y Y Y o o rn n &f b C ac r oCD R' rr CD p o Oa N n � c c c c �z CD CL N y P. n O CCD n aq 'Lf n ti O o p G + E m n^ .� ✓ "I n w o N n y 6 w a a CJ C' w h �,..Q' y yCC X w m y'o QO UC UC w p n x N P. x n 0 B ,� e+ a o. w r $ �'�. CD N' C ti b c [ U Nz CA CD P n yy a r. rn a a a a> b z R u A p o o c a � n K� a �� � goyy' R w C� O P•F QO m �� p m p S 0. CD 'd n p' C S tT R P CC O cr m a < CL "O O p y co- p O y C O CD CD CD w q C,: 'i7 m p "dcr N 'Lt y" W^ v. G m '� O^ y [0. N CO O O �• y 'C " Q f0 a O m y v can w o 'n b co O rn w 4 p• 7 � k cr O n OO ? pFp• G C. CD - ^5, S �'t7 g .,j ! rl b NO ^ry to tx w P• 'U �• S~m. v' O w a C. W f r CD 5 5Er P• m O. w O �. m cD n w p 0n ` p p' y p °° c. p• rn ^. o C Upa o b _ OG 0 w G. b OQ ti v y dQ N w O �� y a p b c Nz cn F P C N`o 0 0 0 0 0 000 000 � /y � co 0o x oo as y C i c E M cy r. � w y OD O b b eD � ti CD n w ms a rq 9 p O N ID-n 2 �i C N a ^ w o. C o• n o .• .. CD ac n o0 O o ❑ p > O N � O C O� C rn w 0 Exhibit C COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local JWo 1f Workforce Investment Area Table of Contents I. Information Regarding Complaints ................... .......... .. A. Nondiscrimination and Equal Opportunity Complaints.......................................................... 2 1, Policy Statement.................................................................................... ............................................................. .................. 2. Civil Rights ......................... _ ....... 4 3. Nondiscrimination Laws under WI ........................ .. . 4. How to File Your Complaint............................................................................. B. Criminal Complains ................... ................... II. General Procedures for Handling Non -Criminal Violations of the Act ....................................... 6 III. Procedures for Handling Complaints at the SDA Level .............. 8 IV. Procedures for Handling Complaints at the State Level ........................................•••• V. Procedures for Handling Discrimination Complaints by Participants ............. VI. Procedures for Handling Handicap Complaints by Participants .............................................. 16 GLOSSARYOF WIA TERMS ........................................................................................................ 18 1 I. Information Regarding Complaints A. Nondiscrimination and Equal opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing, or any other activity related to the administration of WIA. 2 Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana Local Workforce Investment Area. Equal opportunity and non-discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity gram 2. civil Rights No one applying for or enrolled in the Workforce Investment Act (MA) Programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that - for any of the characteristics listed above: You may not be denied the opportunity to enroll in WIA. No benefits or services may be denied you for discriminatory reasons. You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. You must be provided an equal chance to use all facilities available in the program. Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints or grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40-70. The Rehabilitation Act of f 1973 Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Act of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and establishes the Equalconditions Employment Opportunty Comm semployment Commission asthed 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 Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. lR Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. C. Provides details that tell what happened, where it happened, and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. .,.Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment Opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. 5 It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 (714) 565-2600 B, Criminal Complaints In accordance with the WIA (P.L. 105-200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report of fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." ►I. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and State and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at LWIA level for the receipt, investigation, appcnts for participation, or finaearing, and ncial c al assistance, n of labor unions, laints by WIA participants, subrecipients, applicants community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, subagreements, or other specific agreements under the Act, includingterm comp, conditioons of e amendmentsymanent of such participants in employment training programs. These procedures are intended to resolve matters which withdrawals shall be in writing. (s) arising in connection with WIA programs operated concern policies, procedures or action by each LWIA grant recipient and subrecipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non-WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion 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: All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 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. own 3 person(s) of their choosing at fall levels of tght to be represented at their expense by Complainants shall have the he complaint pro ess. 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 prticipant is followa aand the time ffr frames governgPeview of coormed of the comlait tmplainion ots arermet. are to 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 progttpcam and na termas . However, d herein. 6. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt of Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. Form and Filing of Complaint Official filing date of the complaint is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity officer shall be considered as at request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); C. Clear and concise statement of facts including dates constituting alleged violation; tions, grant d under hatpro Act, are under bee believed , regula ave been violated or other agreements e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. 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 ll a brief sues and resolution. solluofficer uton. Thelmatteer shall then port for the file stating he 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. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time, and place of hearing before an impartial hearing officer. C. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable, Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its subrecipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/he so desires. Other he/she is limited to his/her own abilities and those of the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. g. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. g. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. 11 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three-year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private -for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600, At a minimum these procedures must include: 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. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. 12 IV. Procedures for Handling Complaints at the State Level Section 181(c) of the Act and the WIA regulations at 20 CFR, Section 667.600(d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel, A. Form and Filing of Complaint. 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 ement of reasons for review or the section of the LWIA deci ontt be reviewed including regulatory and statutory citations e. A statement of the relief sought. 13 a 3. Complaintant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. Conduct of Hearings. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the party requesting the review b. Name, address, and telephone number'of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions imposed d. A statement of basis for the request for hearing. 3. Evidentiary Hearing upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. 14 The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and quests, t examine recordand witnesses docuher position, to mennts relevant to the present oral and/or written arguments, issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor. C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1, It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 No later than 180 Handling of complaints filed at LWIA level arising in days of alleged connection with � IA programs operated by LWIAs discrimination Informal Resolution Process Firing of Complaint / Request f= ng w 0 Notice of Hcanng issued by LWIA Hearing Conducted LWIA Decision within 60 days Unsatisfactory Decision or LWIA Decision not issued within 60 days Within 10 days of receipt of unsatisfactory, decision or 10 days Request for State Review from date LWIA decision should have been issued Govemor's Decision issued by State Review Panel If no decision issued b y State Review Panel Apnea_ 1 t— o DOL w 0 VI. 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Lydia H. Morgan EEO Officer Santa Ana Local Workforce Investment Area 1000 E, Santa Ana Blvd., Suite 200 Santa Ana, Ca 92701 Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed Act unthe der9730 apartment P 29 Code of FederagRegulations (ementing Section 32, Section 504 of the Rehabilitation 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, his/her complaint directly with the Santa Ana LWIA. The complainant shall file int, the EEO Officer shall investigate and gather Upon receipt of the compla 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. LI 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. t for review rectly with 2 he Chief pWlD within ten lainant must l(10) calendar days after e his/her appeal as a gthe sreceipt of helSanta 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 ----- Day I No later than 180 Filing of complaint on the basis days of alleged Of Handicap with LWIA discrimination Filed within 30 days of L1f74/State Decision or 90 days from date of initial filing of complaints Informal Resolution If no resolutireached Request for Hearing Notice of Hearing Hearing Conducted I Dayi45 Day LWIA Decision Unsatisfactory Decision or No Decision State Review Governor's Decision J 60 Days Appeal to Assistant Secretary Department of Labor 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 individual trans t onedto the stat applies bs of participant. contract for services provided under WIA and who has no yet ASSESSMENT - Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's empployment and ate for the related goals; also to identify the available employment and training activities appropriate participant. Testing and counseling may also be used during the assessment process. CHARGING PARTY CP COMPLAINANT GRIEVANT OR AGGRIEVED PERSON -The he/she has been discriminated against under Department of Justice person who charges that 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. 1E. 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. e complaints against an on awRoSr statute whichuhas DeaT lassigned to OCR for venfo cement, i.e., Title VlnTitle tlsubject to a to IX, etc. PARTICIPANT IPANT - 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 and COOPERATI'�/E AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: be paid, or on 1) No Federal appropriated funds have been paid cing orllattemp attempting influence If of of the undersigned, to and person for influencing an officer o 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 malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be for Influencing or attempting to influence an officer or paid to any person 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 a cooperative agreement, the undersigned shall losure Form to Report complete and submit Standard Form - LLL, "Disc Lobbying," in accordance with its instructions, 31 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. n Program Title Grantee/Contractor Organization (/ / C Name of Certifying Official Signature Exhibit E 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 whotlwill stateme gbe ed in the performance of the grant be given a copy of 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 any criminal drug statute nviction (2) a vi Ration o Notify the emcpurring loyer fthe workplace no later than ofive days or after such conviction. Pg. 2 0 (a) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfa ctordy in asddru abuse assistance or rehabilitation program approve purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance f work to be carried out with the grant funds (including street address, city, county, state, and zip o code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: C' Exhibit E DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Ronald Murree Name of Contractor: Santa Ana Unified School District Contractor Number: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): Street Address 1815 S. Ritchey St. City Santa Ana, CA 92705 Phone Number (714) 566-8400 1401 S. Grand Santa Ana, CA 92705 (714) 568-7000 2128 S Cypress Santa Ana CA 92707 (714) 430-5700 1530 W. 171h St. Santa Ana CA 92706 (714) 953-3900 1629 S. Center Santa Ana, CA 92704 (714) 431-7500 2802 S. Flower Santa Ana, CA 92707 (714) 513-2900 520 W. Walnut Santa Ana, CA 92701 (714) 567-4900 2301 W. Macarthur Blvd Santa Ana, CA 92704 (714) 241-5000 1801 S. Greenville Santa Ana, CA 92704 (714) 241-6410 "-I EVIDENCE OF COVERAGE Santa Ana Unified School District MEMORANDUM NUMBER: 144 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This does not amend extend or alter the coverage afforded by the memoranda listed below. 0 CERTIFICATE HOLDER INFORMATIO;At �I Santa Ana WIB Youth Council for 2008-09 _aQ4O S�Op �`Sta Coverage Period: Effective: 7-1-08 Expires 12:01 a.m.: 7-1-09 of Coverage This is to certify 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 or Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE General Liability Automobile Liability .Automobile Physical Damage (Comprehensive/Coll is ion) Property - Building/Contents (Fire, Theft, Rental Interruption) Employee Honesty (Crime) LIMIT OF LIABILITY/COVERAGE $1,000,000 Combined Single Limit Per Occurrence $1,o0o,000 Combined Single Limit Per Occurrence Actual cash value Replacement cost subject to policy limits, terms, and conditions Subject to policy limits, terms, and conditions Should anN of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30 notice shall impose no obligation or liability of any kind upon ASCIP, its agents, days written notice to the Certificate Holder, but failure to mail such or representatives. If you have any questions, contact: Ms. Paula Chu Tanguay, Chief Executive officer ASCIP • 12750 Center Court Drive • Suite 205 • Cerritos, CA 90703 • (562) 403-4640 Authorized Repi esentativ Date Issued: ' * ASCIP is a joint powers authority pursuant to Article l (co Code and Sections 39603 and 81603 of the Education Code. with Section.6500) of Chapter 5 of Division 7 of Title I of the Government Rev 5-97 144-08/09-ooC '''lliance of Schools for Cooperative Insurance Programs 12750 Center Cnurt Drive, Suit, 205, Cerritos, CA 90703 (5631 403-4640 Exhibit F BUDGET FORM Administrative l Program Total WIA No more than 10%n Salaries* 1. Community Resource Specialist $ 81,250.00 $ 81,250.00 (includes $10,500 in overtime) 1,500.00 1,500.00 2. Hourly Administrative Sub Benefits* 30,996.00 30,996.00 1, Community Resource Specialist 33.00 33.00 2. Administrative Sub 4,241.00 4,241.00 3. Student (Participant) Wages $ 118,020.00 $ 118,020.0 Total Personnel0 user Office expenses (consulnables) Accounting ServiceE!EJE Le al services Auditin services Indirect costs " Staff trainin 1.250.00 1VLlIVI 1.kay $ 45,33U.UU m 40 Total O eratin Ex enses GRAND TOTAL (Total Personnel + Total $ 163,350.00 $ 163 operating Ex enses) *See Budget Form Instructions Match/in Kind Note: Audit Requirements States, local governments and non-profit institutions who receive $500,000 or more in federal funds in a f-iscal year shall meet the audit requirements of the Non -Profit Pfit I Circular A-133, 'Audits of States, and Local Governments and 29 SUCCESS BOUND! 2008/09 In -School Youth Program (7/l/08 - 6/30/09) Budget Narrative Lead Agency: Collaboraling Agency: Santa Ana Unified School District Career Beginnings of Orange County' I. SALARIES Certified salaries Program Operations (WIA My Prgm. Spec; 33 hrs @ $451hr) Admen. Sup. Ser. Dir. Ser. Total 0............. $1,500..... $ 1,500 Classified salaries Program Operations (L0 FTE; WIA Comm. Res. Spec.) 0 ............. 70,750 ....... 70,750 Overtime/Extra Duty (hly WIA Comm. Res. Spec.) 0 .............10,000 ....... 10,500 $82,750 II. BENEFIT COSTS Fringe Benefits and Medical/Dental Fulltime Comm. Res. Spec. = 24.80% of salary + $10,844 for health ($30,996) Hourly Student Worker = 11,78% of salary ($4,241) $ 35,270 Hourly Admin. Sub = 2.21% of salary ($33) III. OPERATING EXPENSES 3d,000 ....... 36.00(1 Student Paid Internships (4,500 hours @ avg. $8.00/hr) State Approved Federal Indirect Cost Rate for SAUSD (3.53%) 5,580.......- .. 0- ""' 5,580 $41,580 OTHER OPERATING EXPENSES Instructional & Office Supplies and Duplicating Expenses 0 ..............2,500 .......... 2,500 *Note: Many of the WIA participants will participate in an adult mentoring program operated by Career Beginnings of Orange County however, this collaborating non-profit organization will not receive any funding from the WIA supported Success Bound! program. K9 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. w. If I cannot, this proposal will be automatically I recognize that 1 must give assurances for each item belo rejected. Please initial each box. { 1 am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner o this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. We will provide records to show that we are fiscally solvent, if needed - We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. I�rWe do or will meet the applicable Federal, State, and local compliance requirements. not limited to, These include, but are Records accurately reflect actual performance. [a'Maintain record confidentiality, as required. 110 aReporing financial, participant, and performance data, as required. omply 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 19?3. Meeting requirements of the American's with Disabilities Act of'.990. (submit completed survey) 'd eeting all applicable labor law, including Child Labor Law standards. [ZIAgree to provide a drug free workplace. [tDAgree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability C oage in the amount of $1,000 000.00 policy�pgree to provide all participants with Grievance Procedures. !(� Agree to insure proposers employees through Workers Compensation Insurance cluding part-time employees) /l y,� � in rocurement policies and procedures are in place and meet federal guidelines. 'ate W will not: Place a youth in a position that will displace a current employee. se WIA money to assist, promote, or deter union organizing. se funds to employ or train of persons in sectarian activities. Zuse funds for youth in the construction, operation, or maintenance of any part of a facilitv to be used ! for sectarian instruction or religious worship. ^� dUse WIA funds for activities that would interfere with or replace regular academic requirements for '�17tA/ eligible youth who are not dropouts. bUse WIA funds to carry out programs funded under the Schoo]-to-Work Opportunities Act of 19 94 / unless the program(s) are only for youth eligible to participate under WIA /��( 61ise WIA money under this contract to purchase any equipment. I hereby assure that all of the above are true. Date Title 30 Certification RU rding Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order t2549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) I 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 applicationiproposaI 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. Grantee/Contractor Organization e and t e of Official Authonzed to Certify On Behalf of the Grantee / l S /O Date ;I