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HomeMy WebLinkAboutORANGE COUNTY CONSERVATION CORPS (2) - 2009 City of Santa Ana , ..r� Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5268 if you have any questions. The agreement with C 5 No. 4 - co 9 07 was completed on w / vO I (0 and final payment has been made. 0/Oki }�(jDepartment: (- 1 W Phone/Ext.: x 2I Signature: / / Date: �f/ ( / f(� Revised 07-23-07 ((( tt ~b 1" o - + ~.4- v INSURANCE NC~T Div t~~~i.t:: WORK MAY RR~E~;U CLERK OF CUUNCIL ~ Contract No. SATE: 7- Z z-D ~~ A-2009-078 AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this lst day of July 2009 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Conservation Corps ("CONTRACTOR"). W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: Page 1 of 15 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105-220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ("participants") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of Page 2 of 15 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 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act Application form (WIA EWIR) and supporting documents within 45 days of application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE) within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above-referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition Page 3 of 15 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 Invoice/Voucher on CITY's Invoice/Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR-Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above-stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal Page 4 of 15 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 adrug-free work place and to execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. T. CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. 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 four thousand seven hundred fifty four dollars ($164 75~ 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. Page 5 of 15 III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2009 and all duties arising under this Agreement shall have been performed by June 30, 2010 . The term of this Agreement may be extended by a writing executed by the Deputy City Manager for Development Services 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. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or Page 6 of 15 education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to the Summer Youth Program, the only measure is "Work Readiness". Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for athree-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. Page7of15 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The CONTRACTOR will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright- able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or Page8ofl5 subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to Page 9 of 15 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. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-149, Section 7013. VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional Page 10 of 15 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 ownedJleased 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 ofself-insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. 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 Page 11 of 15 this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is Page 12 of l5 contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH -SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (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. Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M-73) Santa Ana, CA 92702 and, CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 CONTRACTOR: Orange County Conservation Corps 1853 N. Raymond Ave. Santa Ana, CA 92701 (714) 956-6222 Telefacsimile (714) 956-1944 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 Page 14 of 15 a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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 Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: r Cynthi .Nelson Deputy City Manager for Development Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: David N. Re City Manager "CONTRACTOR" BY: ~ Name: M Title: E~ Tax ID #: five Director -0563781 Page 15 of I S Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/201 D PROPOSAL NARRATIVE I. ABOUT OUR PROGRAM A. EXECUTIVE SUMMARY The Orange County Conservation Corps (OCCC) is a nonprofit, certified local conservation corps, one of 12 certified local conservation corps in California. As a certified local conservation corps, the OCCC operates under the California Public Resources Code which mandates several program components including paid work experience job training, education, life skills and pre-employment training. The OCCC must maintain its certification each year through an annual certification review. The OCCC incorporates a variety of youth and workforce development best practices into its program design. The OCCC has been recognized by two national youth serving organizations for demonstrating best practices. The OCCC was one of 14 organizations to be recognized in 2002 by The Corps Network (TCN), formally The National Association of Service and Conservation Corps (NASCC), for "Excellence in Corps Operations" (ECO). This was a four year award from 2001-2005 that was recently renewed for 2006-2010. In 2003 the OCCC was recognized by the National Youth Employment Coalition and was selected as a PEPNet Awardee for 2003-2007 for "Demonstrating Effective Practices in the Field of Youth Employment and Development". The OCCC was also recognized by the Orange County League of Conservation Voters as the Orange County Environmental Education Program of the Year for 2005. Our Mission: The Orange County Conservation Corps serves young, at-risk adults through employment, training and educational programs that build self-sufficiency and benefit the community through conservation-related projects. The OCCC normally employs more than 280 youth each year from throughout Orange County to work on projects developed by the OCCC for local cities, county agencies, and other nonprofit agencies in the county. As a transitional work and job training program, the OCCC recruits and employs 18-25 year old young adults, and trains them to carry out the job duties needed to complete a variety of OCCC projects, primarily inhabitat/trail/park restoration, construction, and recycling. These work projects, along with other OCCC program components and activities, are designed to fulfill OCCC's mission. The various OCCC program components provide OCCC participants (corpsmembers),tyith paid work experience to learn work skills and develop a work ethic while developing a sense of community responsibility and leadership skills. The OCCC also requires corpsmembers to be enrolled in an education program to further their formal education. The OCCC is affiliated with theJohn Muir Charter5chool, which is chartered and administered by the Nevada County, CA, Superintendent of Schools. OCCC corpsmembers who do not have a high school diploma are enrolled in the OCCC/John Muir Charter School to acquire credits and meet other requirements to earn their high school diploma, including the successful passing of the California High School Exit Exam. Those corpsmembers that have their high school diploma at the time of hire, or those that earn their high school diploma while working at the OCCC, are required to enroll in some form of post-secondary education; community college, Regional Occupation Programs (ROP), or local trade schools to continue their education. Page 1 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 The OCCC also offers support services to assist corpsmembers in overcoming the barriers they have to maintaining their employment and achieving their educational goals. Support services also ensure that they are able to obtain and maintain employment post-000C. The OCCC primarily employs and serves the hardest-to-reach and neediest segment of our youth population, the 18-25 year old high school dropout. OCCC serves those youth that fit the description of "at-greater-risk" as defined by the Office of Juvenile Justice and Delinquency Prevention. The OCCC is not a court mandated program. OCCC corpsmembers come to the OCCC of their own free-will because they need to work and want to earn their high school diploma. OCCC corpsmembers may have been ex-offenders, affiliated with gangs, on probation or parole, emancipated, recovering from drug or alcohol abuse, pregnant or parenting, or homeless. Almost all are low-income, basic skills deficient, and have multiple barriers to employment and/or furthering their education. With all the services the OCCC offers, our cost-per-participant is understandably higher than most programs. For the program year 2007-2008, the approved cost-per-participant is $10,379, and covers a 9-month period. The annualized expense would therefore be $13,839. For this proposal, the cost- per-participant will effectively decrease to $10,983, a 21 % reduction, despite the annual Cost of Living Allowance (COLA). OCCC Matching funds will increase over 75% from $67,039 in PY 08-09 to $117,079 proposed for PY 09-10. As an open entry/exit transitional work and school program, corpsmembers may remain at the OCCC for up to two years to earn...learn... and serve. This gives corpsmembers time to develop the necessary skills to achieve the self esteem necessary to enter the workforce. The OCCC provides an opportunity for corpsmembers to earn a living through paid work experience, learn job skills and further their education, while they serve the public by completing work projects that benefit our local communities. 1. Which WIA population will the proaram recruit and serve ~ For PY 2009-10, the OCCC proposes to serve Out-of-School WIA eligible youth who are Santa Ana residents with the legal right to work; are low-income; a high school dropout; or, a high school graduate/GED recipient that is basic skills deficient, or is unemployed/underemployed. While Out-of- School youth maybe between the ages of 14-21, the OCCC will also recruit and serve older Out-of- School youth primarily between the ages of 18-21. This population will most benefit from the OCCC's program design that combines work and school in a structured, supervised, forty-two (42) hour work/school week. The OCCC recruits and serves the neediest youth population that the Santa Ana Youth Council is committed to serving as identified by the DOVETA New Strategic Vision for the Delivery of Youth Services Under the Workforce Investment Act (RFP page 9);out-of-school youth who are primarily high school dropouts, youth who are or have been homeless and/or runaways, in foster care, are court involved, and had incarcerated parents. The most recent survey results obtained by the OCCC for the provided the following information: • 283 young adults enrolled in the PY 2007-2008 • Average age of those enrolled was 20.0 years • 81 % had not completed high school at the time of entry • 30% live in Santa Ana • 65% are or have been court-involved, including on probation/parole • 26% are parents • 13% are or have been in foster care Page 2 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 30% are or have been gang-affiliated 41 % had incarcerated parents during childhood years (before 18 years old) 2. Indicate how man~articipants to be served For PY 2009-10, the OCCC will serve 15 Santa Ana WIA eligible youth as follows: • 3 youth currently being served will be carried in from PY 2008-09, • 12 youth will be enrolled during the 12-month contract period for this RFP, July 1, 2009 to June 30, 2010. 3. Describe how this nroaram fits in with programs currently being offered bar our a~encX As mentioned above, the OCCC has incorporated a variety of best practices from various state and national models for youth and workforce development to serve this population. OCCC's basic program design has been in place since 1995. The OCCC has expanded and enhanced its WIA program services since the inception of WIA funding in 1998. The OCCC's program design provides comprehensive and coordinated activities to at-risk youth to meet and exceed planned expected outcomes in literacy and numeracy gains, attainment of a degree or certificate and placement in employment orpost-secondary education. • Participants will have an opportunity to receive classroom tutoring to improve basic reading and math skill levels, if found to be basic skills deficient. • Participants without a high school diploma will be enrolled into the OCCC/John Muir Charter School to obtain their high school diploma. • The OCCC Corps-2-Career class will help participants to explore future employment, career and educational opportunities. • The OCCC will provide follow-up services to ensure participants are working towards higher employment earnings and employment retention services in a variety of venues and settings throughout the county. OCCC ensures 9 out of the 10 WIA Required Program Elements are provided to corpsmembers either by the OCCC or by OCCC's extensive network of community partners who provide services as in-kind support. 4. Indicate which of the 70 WIA elements the program will address The OCCC program design provides 9 of the10 WIA elements: • Tutoring, study skills training, and instruction leading to completion of secondary school, including drop-out strategies; • Alternative secondary school services; • Paid and unpaid work experience; • Occupational skill training; • Leadership development opportunities; • Supportive services; • Adult mentoring; • Follow up services for a minimum of 12 months after completion; • Referrals for comprehensive guidance and counseling (i.e. substance abuse, legal, medical, family) Page 3 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 The OCCC is an open entry and open exit, year round program that normally takes 6 months to a year to complete. While youth may be hired during the summer, the OCCC does not technically offer the remaining WIA element -summer employment opportunities. 5. Indicate planned outcomes. The OCCC will meet or exceed established WIA outcomes as follows: Current W1A Planned Outcomes: Population Ages # Performance Measurements % # Out-of-School Youth 17-21 15 Entered Employment/Education TBD TBD Attainment of Credential TBD TBD Skill Attainment TBD TBD The OCCC's program design allows for participants to meet and exceed planned expected outcomes. All participants enrolled will have an opportunity to receive classroom tutoring to improve basic reading and math skill levels, if found to be basic skills deficient. During this time participants without a high school diploma will be enrolled into school to obtain their high school diploma. The School curriculum includes the OCCC Corps-2-Career transition class to explore future employment, life skills, and career and educational opportunities. This additional class will allow participants to advance into post-secondary training and/orhigher-earning employment. The OCCC will provide follow-up services to ensure participants are working towards higher employment earnings and employment retention. 6. Describe the basic program approach (workshoplclassroom/in the community The OCCC is a transitional work/school program that combines work and school daily, in a structured, supervised 42-hour per week program. OCCC corpsmembers are normally scheduled to work for 32 paid hours per week and attend 10 hours of education (unpaid) each week. corpsmembers work 8 hours (paid) per day Monday through Thursday. They attend education (unpaid) for one and a half (1 ~/z) hours after work Monday through Thursday and for four (4) hours on Friday. The OCCC uses a variety of approaches to effectively deliver its program components and meet the various learning styles of its corpsmembers. Services for out-of-school youth, who generally dropped out of school, must be varied and interesting in order to engage them in the program. Therefore activities must be planned that are not just classroom based, but incorporate a variety of venues and methods to ensure training and instruction is interesting and most important applicable to their needs. The OCCC integrates field training with classroom instruction to connect academic skills with occupational skills. Instruction, both academic and occupational, is designed and delivered knowing that most corpsmembers' basic academic skills are below the 8"'grade level. Instruction maybe classroom based; field based, on-line, individual, small/large group, crew based, using demonstrations, lectures, packets, guest speakers, and individual research. The OCCC uses the following approaches: • In the community: OCCC work projects; educational field trips; work related field trainings; participation in community events and youth oriented groups, meetings, and events to instill a sense of community service and pride; Page 4 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 • Classroom: OCCC charter high school; new Corpsmember orientation, vocational and occupational skills training; life skills, pre-employment skills, etc; • Workshops: specialized trainings (CPR/First Aid, Forklift, Chainsaw certification, etc.); safety demonstrations, leadership development, support services and educational topics (health, substance abuse, financial literacy, etc.). 7. Describe how you will conduct outreach and recruitment Include how 75% of the enrollment goals will be met by the second quarter of the contract. The OCCC recruitment plan is as follows: Month: Jul- Sep 07 Oct-Dec 07 Jan-Mar 08 Apr-Jun 08 Totals Enrollments: 3 3 3 0 12 Carry-in: 3 0 0 0 3 Total Served: 15 The OCCC plans to recruit and enroll 12 WIA eligible participants before the end of the second quarter of the program year. Therefore, 75% of total enrollments (12 of 15) for PY 2009-10 will be enrolled before the end of the second quarter. The remaining 3 youth will be enrolled before the end of the third quarter of the program year. Under this plan the OCCC will have recruited and served 80% (12 of 15) of the total youth to be served for the program year by the end of the second quarter, allowing sufficient time for youth to be served during the program year. The OCCC serves all youth, not just WIA-eligible youth. For the FY 2007-08, the OCCC served a total of 283 youth county-wide including 70 Santa Ana youth. 24 of the Santa Ana youth were served using WIA funds (34%). These 70 Santa Ana youth were recruited and served through 4 OCCC funding sources; • Santa Ana WIA; • National Emergency Grant; • Department of Conservation, Division of Recycling; • OCCC contracts for those not meeting eligibility for the above 3 contracts. To meet these contract demands the OCCC employs a variety of recruitment strategies. Corpsmembers were asked to list all the ways they have heard or learned about the OCCC and listed the following; word-of-mouth (64%), Probation/Parole (17%),job fairs/presentations (10%), other (9%). In addition to the normal recruitment strategies of job fairs, partner networks, and presentations to and referrals from local groups and organizations, the OCCC employs "street outreach" to recruit out- of-school youth. Street outreach involves handing out flyers with the OCCCtoll-free telephone number (888.641.2677) and website address (www.hirevouth.org),and interacting with youth where youth "hang out" in Santa Ana such as parks, malls, food courts, week-end community events, and sometimes walking local neighborhoods. Historically the OCCC's most effective recruitment strategy has been referrals from former and current Corpsmembers, their family, and friends. Furthermore, recent advertisements in such periodicals as the PennySaver have resulted in increased interested in the OCCC. 8. Describe collaborations/partnerships that will assistin recruitment The OCCC participates in more than 40 community events each year and attends a variety of ongoing partner meetings with various agencies county-wide such as the O.C. Workforce Investment Board, the Santa Ana WIA Providers Network and the Youth Leadership Academy. Other agencies would include, Page 5 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 but are not limited to, Corrections, Probation, and various Social Services agencies, both public and nonprofit, such as Olive Crest. Therefore any staff member attending a meeting with other agencies or provider networks (i.e. Corrections, Probation, Social Services Agency) in other parts of the county will be recruiting for all OCCC programs including Santa Ana WIA. It is not uncommon to get a referral from someone who attended an event or meeting outside of Santa Ana but passes the information on to family/friends/co-workers that live in Santa Ana. B. MAIN PURPOSE OF PROGRAM 7. Indicate what the program will accomvlish and how it fits in with WIA goals. OCCC's Organizational Purpose is to empower youth and young adults to become self-sufficient members of their community. The OCCC accomplishes this by offering various programs that provide opportunities for educational, professional, and personal development that will provide the necessary skills to develop and maintain a positive work ethic and provide a lasting foundation to enable youth to enter the workforce and be successful, productive, members of society. The OCCC's approach to employability teaches teamwork, cooperation, and a positive work ethic by utilizing work projects that are beneficial to the community and the environment. The approach also creates an atmosphere where corpsmembers have the chance to develop on an educational, professional, and personal level. This long term, holistic approach to working with youth, assists them in overcoming the multiple barriers that most at-risk youth have in their lives. Without a holistic approach, youth may complete a short term training course, earn a valuable certificate to get a job, but not be able to maintain that job due to their inability to deal with personal issues that cause them to have poor attendance and/or not be productive in the workplace. While short term training programs and workshops have a place in youth and workforce development, a more long term, holistic approach is needed by many, and especially the neediest, youth to ensure that they have the time and support to overcome the multiple barriers they face to becoming lifelong learners, trainable, employable, and self-sufficient members of society. The majority of the neediest at-risk youth the Youth Council is committed to serving and which the OCCC serves basically need to learn how to work and go to school. For various reasons these youth have not been able to stay in school and/or maintain employment. Sometimes the OCCC is the first job for some of the youth that come to the OCCC. Therefore, OCCC is not a short term, quick fix to the issues associated with the neediest youth, but a 6-12 month comprehensive program with various components and strategies designed to guide and support youth into being employable, trainable, self-sufficient adults. OCCC support services and paid work experience help corpsmembers stabilize their lives and help them deal with the many issues they face on a daily basis so they can first maintain their employment and education program at the OCCC. Once OCCC corpsmembers become stable and are able to maintain employment and education at the OCCC they can then focus on furthering their education, improving their work skills, and seeking better employment post-corps. With this philosophy, the OCCC program will accomplish the following: • Provide jobs for 15 Santa Ana youth as they are hired by the OCCC to complete OCCC work projects; • Meet/exceed the WIA outcomes for entered employment or education, credential attainment, and skill gains as outlined above in the RFP; Page 6 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 • Youth who are unemployed and out of school will become employed by the OCCC and enrolled in the OCCC Charter School to earn their high school diploma; • Provide "soft" and "hard" occupational skills training needed to complete OCCC work projects (i.e. landscaping, construction, recycling); • Corpsmembers will learn to apply these "soft" and "hard" skills training to other work and school opportunities post-000C; • Provide multiple work and educational experiences that will allow Corpsmembers to seek a variety of career and educational choices and opportunities post-000C; • Provide paid work experience, trainings, and certificates to develop and/or improve their resumes for future employment; • Develop and maintain a portfolio that highlights their work/school/credential accomplishments touse inseeking employment post-000C; • Corpsmembers will complete high school credits to earn a high school diploma through the OCCC Charter School; • Corpsmembers will improve basic skills and improve at least at least two grade levels on a standardized tests (fABE tests); • Corpsmembers will practice and prepare to pass the CA High School Exit Exam; • Corpsmembers may earn scholarships for post-secondary instruction; • Corpsmembers will develop leadership skills through various crew based and individual trainings; • Corpsmembers will transition successfully from the OCCC into employment and/or post- secondaryinstruction; • Corpsmembers will complete work projects that benefit our local communities and instill a sense of community service and pride in their communities. 2. What is the length of the program? The OCCC is an open entry, open exit program. Therefore youth maybe recruited and enter the program at any time. Youth may exit the program at anytime based on individual needs, accomplishments, and abilities. Youth may work for the OCCC for a maximum of 24 months as long as they receive satisfactory work/school evaluations and are making progress towards completing individual work and education goals. All program components are ongoing and available on a year round basis. Specialized trainings and workshops are offered at least quarterly. Therefore a youth who stays with the OCCC for six months will be able to participate in the full array of services and programs offered by the OCCC. 3. How often will the WIA participant need to attend the proclram and how often are specific activities offered (daily/weekly/monthly) ~ WIA participants will attend the program daily, five days a week. All OCCC Corpsmember, including WIA participants, are scheduled for 42 hours of work/school each week; 32 hours of paid work experience and 10 hours unpaid of education/class time. Corpsmembers are scheduled to work 8 hours per day Monday through Thursday. OCCC charter school classes are scheduled daily for one and a half (1~/z) hours after work Monday through Thursday and for four (4) hours on Friday. Week-end or evening activities and events are scheduled as needed. These activities or events offer opportunities to volunteer and/or work in the community. Page 7 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/201 D Additional activities include regularly scheduled A.A./N.A. meetings; workshops to provide financial, emotional, and medical instruction and advice (i.e., financial literacy, anger management, tobacco cessation); and educational field trips. 4. What is~ t e freguencv ofstaffinteraction with the partici anti Will other non-WIA agency staff be providing a/ements of the program? Various OCCC staff members meet daily with corpsmembers to deliver OCCC program components. corpsmembers are assigned to work in a crew which is supervised by an OCCC Crew Supervisor. The OCCC Crew Supervisor works Monday-Thursday with corpsmembers to complete assigned work projects. OCCC charter school teachers also interact with corpsmembers on a daily basis as they attend class five days a week, Monday-Friday. Week-end work/school activities are scheduled as needed and appropriate. The OCCC Program Specialist (case manager) meets weekly if not daily to monitor progress towards the corpsmembers Individual Service Strategy, and other work/school/personal issues that may arise. Other OCCC staff or interns meet with corpsmembers as needed for specialized trainings, workshops, or individualized follow up regarding worWschool/personal issues that may arise. Other organizations such as social services, counseling centers, probation/parole, etc., may be providing outside support services as in-kind support for this proposal. Many corpsmembers may come to OCCC already involved is such services while others may be referred. The OCCC strongly believes in the All Youth, One System Concept which allows the OCCC to network with many outside entities to ensure all corpsmembers are linked to a variety of support services in the community. 5. What services will be offered after vouch exits theprogram ~ How will program keep in touch with youth who have existed? corpsmembers are welcome to obtain services from the OCCC after they separate from the program as needed. This includes: • Support services; referrals for legal, medical, substance abuse, health, housing, family/personal guidance and counseling; help with tools, books, clothing, other items needed for interviews, job requirements, advanced training, etc. • OCCC staff as adults mentors; • Access to OCCC computer lab, fax, voice mail, and printer for resumes, applications, financial aid, job search, job retention, on-line services; • Transition assistance o Job placement /vocational certification o Education opportunities /school enrollment assistance &career guidance On a monthly basis, program specialist will maintain contact with corpsmembers via phone, email, or home visits. As needed, Program Specialist schedules appointments to meet Corpsmember at the OCCC, One-Stop centers, and schools, or at any referral locations where services will be provided. Additionally, for PY 2009-2010, the OCCC will be implementing an Alumni Program. This will include regular (monthly) opportunities for graduates of the OCCC program to connect with the services the OCCC offers, as well as interact with existing program participants. Page 8 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY2009/201 D C. GOALS/OBJECTIVES/AND PERFORMANCE LEVELS 7. How will services to be provided aid in meeting the WIA performance goals As an employer, the OCCC program design teaches youth how to work and go to school. The OCCC follows all applicable labor and charter school laws, regulations, policies and procedures California employers and charter schools must follow. In order to remain employed by the OCCC, corpsmembers must follow and abide by OCCC policies and procedures for work and school. OCCC's program design emphasizes both work and school. To work at the OCCC you must also have an educational goal and be making satisfactory progress towards that goal to remain employed. Therefore, Program Specialist meets with corpsmembers on a regular basis to review their progress and develop a dropout prevention plan. By learning employer expectations and following standard work rules and procedures, corpsmembers are prepared to both enter and maintain employment. If a Corpsmember has chronic attendance problems and has exhausted all forms of progressive discipline they will be referred to partnering agencies that may be more for suitable for their needs. The following current services will meet the needs of WIA performance standards: • 32 hours each week of paid work experience; • "Soft" and "hard" occupational skills training (habitat/park/trail restoration, construction, recycling, facility maintenance, office skills); • Tutoring, study skills, instruction leading to a high school diploma and to meet literacy and numeracy gains; • Drop-out prevention strategies (for both work and school); • OCCC staff as adults mentors; • Crew-based and individual leadership development (crew leader training); • Alternative secondary school - OCCC Charter high school that combines work and school to facilitate completing secondary school; • Support services; referrals for legal, medical, substance abuse, health, housing, family/personal guidance and counseling; help with tools, books, clothing, other items needed for interviews, job requirements, advanced training, etc. • Pre-employment, life skills, and transition services; • Minimum of 12 month follow up services to maintain employment or find new/better employment; • Access to OCCC computer lab, fax, voice mail, and printer for resumes, applications, financial aid, job search, job retention, on-line services; • Introduction to Santa Ana WORK Center and CalJobs to facilitate use of EDD system; • Certificates, Awards, Diplomas, Scholarships, and Licenses earned; • Portfolios; • Individual participant interviews, case notes, surveys, and informal evaluations; • Additional trainings and workshops, (i.e. tool safety, CPR/First Aid, forklift certification). 2. Describe how you will monitor program activity and manage for performance The OCCC Program Specialist will monitor each participant's work, educational, and career development. Program Specialist will meet with the Crew Supervisor weekly and as needed to discuss participant's performance and or to identify potential problems. Program Specialist will visit participant's work crew at least once a month to show support and encouragement. During these on- sitework crew visits, the Program Specialist will also have the opportunity to work with the participant on ISS (WIA Individual Service Strategy) to review and measure participant's progress and performance. The Program Specialist will also meet with the participant's Teacher at least once a month to review Page 9 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 and discuss participant's academic performance. If participant is found to be basic skill deficient and involved in ongoing tutoring sessions, the Program Specialist will meet with the tutor monthly to identify the participant's progress towards improving their basic skill levels. For participants who are high school graduates and enrolled into the OCCC Corps-2-Career class, the Program Specialist will monitor that participant is making progress towards completing all required components to the OCCC Corps-2-Career class. For participants that are lacking in any of the above components, the Program Specialist and appropriate staffwillmeet to discuss and strategize a plan to help participant succeed. To motivate and encourage participants to complete various components to the OCCC program, the OCCC will use incentives, the OCCC bonus plan, quarterly merit raises, promotions, and quarterly recognition events. The following policies have been implemented for program year 2009-2010 as tools in the management of performance: Incentive Procedures: ELIGIBILITY: 1. To request and receive incentives, an individual must be WIA eligible and actively enrolled with the Orange County Conservation Corps (OCCC). 2. As it is with all WIA services, incentive is not an entitlement. AVAILABILITY OF FUNDS: 1. Incentives are delivered contingent upon availability of funds and given on a first come, first serve basis. 2. Incentives should not exceed a value of $40.00 per completed component. Participant will have the option of choosing a gift card from a specific category (i.e., restaurant, entertainment, retail, etc.) Incentives 1. NA/AA Meetings -Must attend four (4) meetings at the OCCC. One time incentive only. 2. Skills Tutor -Participants whom have not passed the California High School Exit Exam (CASHEE) must complete a total of 4 hours of skills tutoring per month. If participant has completed all required credits and is only pending the CASHEE, participant must complete a total of 8 hours per month. One time incentive only. 3. 9"'Grade Skill Level - If found basic skill deficient during initial TABE assessment participant must increase reading and math to a 9"'grade level on TABE test. One time incentive only. 4. Read Book -Must read a 100-page book with progress being monitored by participant's Teacher or Case Manager. Some exceptions maybe made for books less than 100 pages such as the Ed De Jesus workbook "Makin It", etc. One time incentive only. 5. Complete Academic Subject -Must complete an assigned academic subject such as English, Math, History, or Science. Academic subject must be at least 10 credits. One time incentive only. 6. Complete a Job Shadow -Must job shadow an OCCC employee or any other employer for a day in their career of interest. Participant must submit a typed 5 paragraph essay on what they learned. One time incentive only. 7. Write an Autobiography -Must complete a typed 10 paragraph autobiography. One time incentive only. 8. Keep a Personal Journal -Must maintain a weekly journal for a total of 12 weeks. Journal entries should be at least one page per week. One time incentive only. Page 10 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 Corpsmember Bonus Plan 1. $60 Orientation Bonus (pass handbook, safety, tool test, earn CPR/First Aide Certificate,100% attendance) 2. $50 Attendance Bonus (have a 100% attendance in any given month) 3. $40 Referral Bonus (refer someone to the OCCC who is hired and remains employed for at least 30 days) 4. $50 Certification Bonus (chainsaw, chipper, forklift, and obtaining an ROPNocational Certification) 5. $50 Drivers License Bonus (CA class C and/or B) 6. $100 CAHSEE Bonus (pass the CA High School Exit Exam) 7. $200 Education Bonus (earn high school diploma) 8. $30 Life Skills Bonus (Life skills packet/on-line training) 9. $20 Commendation Bonus (Receive a commendation letter from a project sponsor. 10. $ 50Corps-2-Career Bonus (Complete OCCC Corps-2-Career class components) 11. $40 Probation-Parole Discharge Bonus 12. $ 100 Program Completion Bonus (earn at least 5 of the above) 3. Describe how program will deliver academic assistance to raise the skill level of youth who are basic skill deficient. The OCCC will use a standardized TARE test to determine basic math and reading skill levels. All students enrolled into the John Muir Charter School will be issued the California High School Exit Exam (CAHSEE). The test monitors progress towards meeting the high school exit criteria, academic progress, and literacy and numeracy gains which are required by OCCC charter school. If students fail the CAHSEE test, they will be required to attend tutoring sessions once a week with a John Muir Charter School Staff and register with an online program (Skill Tutor) which allows students to self tutor and improve math and reading skill levels. Participants will meet daily with certificated teachers for a total of 10 hours per week of in-class instruction and tutoring to deliver academic assistance to raise the skill level of basic skills deficient youth. As mentioned above, the OCCC John Muir Charter School delivers its academic instruction knowing that most corpsmembers' basic academic skills are below the 8"' grade. In addition to classroom based instruction, other assistance provided maybe: field based, on-line, individual, small/large group, crew-based, using demonstrations, lectures, packets, guest speakers, and individual research. 4. Will the participant receive a certificate of completion or accomplishment for participation z Will the certificate count for WIA credential attainment rate? OCCC corpsmembers may receive several certificates of completion or accomplishment for participation as follows: • California high school diploma; • AmeriCorps Education Award (scholarship); • Forklift, chainsaw, Red Cross CPR/First Aid Certifications; • Corpsmember Bonus Plan awards include a certificate plus a cash bonus. A high school diploma is astate-recognized certificate that can count in the WIA credential rate. A CPR/First Aide or Forklift certification can count as a credential if participant chooses to use this credential as a condition to employment elsewhere. Both certifications come in the form of a state- recognized license which can count in WIA credential rate. Other certificates come internally from the OCCC and are not necessarily state recognized. Page 11 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 5. How will continuous improvement be measured and conducted? The OCCC is committed to continuous improvement and uses the following strategies and activities for continuous improvement: • Corpsmember satisfaction surveys at least twice a year; • Corpsmember community meetings monthly that involve all staff and corpsmembers; • Corpsmember Leadership Council meet twice a month with a staff member Advisor; • Corpsmember Leadership Council President is an Ad Hoc member of the OCCC Board of Directors and presents a monthly report to the Board; • Work sponsor surveys when a work project is completed or at least once a year for ongoing work projects; • Weekly orsemi-monthly internal monitoring meetings for program compliance/performance; • At least two (2) staff development days per year for full staff that relate to program evaluation, mission, planning, etc; • Multiple program/grant site reviews and audits for program/grant compliance; • Annual corps certification review; • Annual independent financial audit; • Annual program evaluations by corpsmembers, staff, and Board members; • An annual Board of Directors planning day; • An annual Executive Director workplan that is monitored by the Board; • A three year OCCC Strategic Plan; • Membership with organizations and conference attendance that promote continuous improvement. 6. Describe how adequate staffing will be maintained to ensure success of this program Two full-time OCCC staff will be responsible for recruiting Santa Ana youth. The OCCC Corpsmember Recruiter is responsible for recruiting for all OCCC programs and will allocate a portion of their time to recruiting Santa Ana youth. The OCCC Program Specialist (case manager) assigned to the Santa Ana WIA contract will be responsible for ensuring enrollment goals are met and will also allocate a portion of their time to recruitment. Selected Santa Ana corpsmembers will be trained to accompany staff and provide "peer recruitment" to assist staff with street outreach and help organize and manage OCCC booths at the various Santa Ana job fairs and community events. Other OCCC staff may also provide recruitment through ongoing collaborations and networking with other agencies county-wide as in- kind support of this proposal. D. Program Description 1. Describe the overall services that will be made available to the WIA participant Following are the overall services that will be made available to all WIA participants: OUTREACH/RECRUITMENT (ongoing as previously described on page 7) EDUCATION 1. Individual education goals (high school diploma and/or post-secondary instruction) 2. Study skills; tutoring; secondary school instruction; dropout prevention strategies; 3. Basic skills remediation; Page 12 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 4. Literacy and numeracy gains; 5. CA High School Exit Exam; tutoring, preparation and administration; 6. OCCC Charter School attendance & participation; earn high school diploma; 7. Field-based learning activities to incorporate field work projects with the classroom; 8. Quarterly recognitions, field trips, and other activities to build positive social interactions. ORIENTATION (One week, 40 hour training) 1. Introduction to OCCC Program 2. Review corpsmember policies and procedures 3. Complete 8 hours of community activism awareness 4. Complete 8 hours of conservation awareness 5. Learn proper tool use and safety 6. Receive first aid/CPR certification 7. Perform 8 hours of hands-on field work Once corpsmembers are hired and successfully complete orientation, they enter the following OCCC program components: PAID WORK EXPERIENCE (maximum of 24 months of paid work experience) 1. On thejob training; internships 2. Field-based vocational and occupational skills training; 3. Develop positive work ethic/attitude/performance; 4. Individualized job specific skill training and certifications; S. Crew based and individual leadership development; 6. Community service opportunities; 7. Team building and other crew/peer centered activities to develop responsibility and positive social interactions. INDIVIDUALIZED CASE MANAGEMENT & SUPPORT SERVICES 1. Referrals for comprehensive guidance and counseling for legal, medical, substance abuse, family/personal, health, housing, etc. issues ADULT MENTORING (occurs throughout program as staff works with corpsmembers in various capacities) CORPS-2-CAREER: 10-13 weeks based on individual needs 1. Pre-employment skills training 2. Individualized job search and placement 3. Individualized support/assistance for continuing post-secondary education; financial aid packets, enrolling on-line, etc. 4. Individualized case management and support services 5. Adult mentoring 6. Life skills PROGRAM COMPLETION: 60-day timeline for post-corps placement; Maybe extended based on individual needs or circumstances Page 13 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 POST CORPS TRACKING: Unspecified time, available as long as former corpsmembers seek help and support, minimum of 12 months 1. One-on-one follow up; monthly contact to monitor, update, and revise 12-month plan as needed; 2. One-on-one employment search and support; 3. One-on-one case management and support services 2. Describe how the participant flow will occur. Please refer to "Describe the overall services that will be made available to the WIA participant" (page 12) above and the "corpsmember Flow Chart" provided as an attachment to the proposal. Both of these describe how participant flow will occur. Generally, there are 4 phases to OCCC's program and the corpsmember flow normally is: • Work/school: corpsmembers spend the majority of their time working and going to school. This may last from 3 months to 24 months depending on the number of high school credits needed for graduation. • Life Skills/Corps-2-Career: Once corpsmembers earn their high school diploma or if they have a diploma at the time of hire they enter the Life Skills and Corps-2-Career phase of the OCCC. corpsmembers normally spend 3-6 months completing a variety of activities designed to help them become self sufficient, find employment and/orenroll inpost-secondary instruction. • Program Completion: Once all program components have been completed, the corpsmember has 60 days to exit the program into work and/or school with help and support from staff. This time may be extended based on individual needs. • Follow-up: Minimum of 12 months follow up support from staff to remain employed and stay in school; contact at least monthly if not more frequent to monitor and revise 12 month follow up plan; Not all corpsmembers complete all four phases as some choose to leave for a job or school and enter the follow-up phase as soon as they earn their high school diploma. All corpsmembers, regardless of their reason for leaving the OCCC, are included in the 12 month follow up phase and have access to OCCC staff and resources (computer lab, fax, voicemail) for maintaining employment, job searches, updating resumes, contacting employers, scheduling interviews, enrolling in advanced training or college, help with filling out financial aid forms, and other support needed to pursue post-000C employment and education Many program services overlap and occur simultaneously during the program. OCCC staff are cross- trained so that corpsmembers can receive services from various program staff if their assigned staff person is not available. Additionally: Pro ram Activit Duration OCCC Staff Responsible Outreach/Recruitment Ongoing -open entry • Orientation Specialist • WIA Program Specialist Eligibility Ongoing • WIA Program Specialist Intake One-week Orientation as needed Orientation Specialist (generally bi-monthly) WIA Program Specialist • Teacher/Registrar Assessment • WIA • WIA Program Specialist • Education Director of Education Page 14 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 Case Management Ongoing • WIA Program Specialist • Director of Programs Program Services Crew Supervisor • Paid work • 24 months max . 4 Teachers, 1 Tutor experience Corps-2-Career Specialist • Charter School until diploma reed • WIA Program Specialist • Transition Skills • 8-13 weeks • Completion • 60 days • Tutoring Placement in Jobs or 60-day program completion Corps-2-Career Specialist Continuing Education Follow up services • Program Specialist Follow up & Retention Minimum 12 months • Program Specialist & Corps-2-Career Specialist ** Most OCCC corpsmembers are generally adults who support themselves and many may be estranged from their parents for various reasons. Therefore, parent involvement with the program is unusual. Parents are invited to and will most often attend graduation ceremonies and other OCCC events that honor corpsmember accomplishments. However, parent involvement with the program beyond attendance at these events is normally not expected. The OCCC does plan several activities during the year to include corpsmembers' parents, significant others, and their children to promote family involvement. 3. Describe how adeauate staffing will be maintained to ensure success of this program Two full-time OCCC staff will be responsible for recruiting Santa Ana youth. The OCCC corpsmember Recruiter is responsible for recruiting for all OCCC programs and will allocate a portion of their time to recruiting Santa Ana youth. The OCCC Program Specialist (case manager) assigned to the Santa Ana WIA contract will be responsible for ensuring enrollment goals are met and will also allocate a portion of their time to recruitment. Selected Santa Ana corpsmembers will be trained to accompany staff and provide "peer recruitment" to assist staff with street outreach and help organize and manage OCCC booths at the various Santa Ana job fairs and community events. Other OCCC staff may also provide recruitment through ongoing collaborations and networking with other agencies county-wide as in- kindsupport of this proposal. 4. Describe how training and emplovment services lead to occupations in high growth/huh demand industries. Employment services that are provided through the OCCC's Corps-2-Career class lead to occupations in high growth/high demand industries. corpsmembers in the Corps-2-Career class use the O*NET Interest ProfilerT"' compatible with Holland's R-I-A-S-E-C Interest Structure (Holland, 1985) to assess their career occupational interest. Based on the obtained results, the corpsmembers research the jobs on O*NET to obtain expected job growth, wages and educational requirements. Subsequently, depending on the training that is needed, corpsmembers are referred to ROP, Community Colleges, Apprenticeship Programs and Technical Schools. Additionally, presenters are scheduled from a variety ofhigh-demand industries including green jobs, medical careers, etc. :e 5. Describe how training and services result in career paths that lead youth towards self sufficiency. Please orovide Labor Market Information if training is provided Page 15 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 The OCCC provides Corpsmembers with hard skills (on thejob training, certifications, etc.) and soft skills (responsibility, discipline, punctuality, uniform standards, etc.) which lead tojob retention. Corpsmembers are exposed to presentations, workshops, and fieldtrips to assist them in developing career paths. The Corps-2-Career Specialist works individually with Corpsmembers to develop personalized goals (post-secondary education, job placement, and career development) that lead them to self-sufficiency. Specific Labor Markets include Green Building Operations, Solar Panel Installation, and Water Treatment (see attached details). E. Facilities 1. Location where will program services will be delivered Program services will be delivered in a variety of venues and locations: • Paid work experience will beat various projects throughout the county depending on the current work project assigned; • All other program services (education, case management, transition services, follow up, etc.) will generally be delivered at the OCCC main site in Anaheim. However, staffwill visit field projects and make home visits as needed to deliver case management services. Occupational skills training will occur both in the classroom and in the field. Project visits and field trips will be planned to facilitate incorporating work projects with classroom instruction. • Street outreach and other recruitment activities will be delivered in Santa Ana, while interviews will be held at the Anaheim site, as well as the WORK Center as needed. • OCCC provides transportation using OCCC crew vans to OCCC work projects, and provides pick-up points in Santa Ana (and other locations) using crew vans to assist corpsmembers in getting to the Anaheim site for work/school. The OCCC also provides bus passes and helps to arrange car pools to assist corpsmembers with transportation issues. 2. How will participant access site if not within City of Santa Ana boundaries ~ To help maintain consistently solid attendance, the OCCC provides multiple pick-up points throughout the county, including 2 in Santa Ana, using OCCC passenger vans driven by Crew Supervisors. In addition, both daily and monthly bus passes are made available to corpsmembers at our main facility. Carpooling is also encouraged. 3. Hours of operation The OCCC offices are open Monday-Thursday from 7:00 am to 5:00 pm and Friday from 8:00 am to noon. Additional week-end and evening hours to be arranged depending on individual participant needs, scheduled events, and activities. 4. Is the facility compliant with the Americans with Disability Act (ADAI ~ The OCCC facility is compliant with the Americans with Disability Act (ADA). Please the attached completed ADA/EEO Survey (Attachment F). 5. Discuss how Internet access will be available to program staff List computer programs/applications used by agency staff All staff members at the OCCC have Internet access though a dedicated T1 to ensure sufficient bandwidth requirements. Internet usage is guided by the Internet Acceptable Usage Policy, and is to Page 16 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 be used for such functions as procurement, research and communications. Additionally, corpsmembers also have limited Internet access that focuses on job searches and homework research. The OCCC maintains its technology infrastructure through a 3~d party service company that regularly monitors & maintains all equipment and software, including anti-virus and other malware counter- measures to prevent security breaches prevalent in today's Internet use. The OCCC maintains a computer lab for corpsmember use and training. The computer lab will double in size in 2008 from 15 workstations to 30. The OCCC uses several customized program/grant-specific databases (such as the Virtual One-Stop system), spreadsheets and internally developed forms and custom databases to track a wide variety of program and grant outcomes. Desktop software applications used internally include: • Microsoft Windows XP Professional • Microsoft Office 2007 • Sage MIP 8.1 Fund Accounting • Skills Tutor • TABE Testing 6. Describe what makes your facility vouch friendly and suitable for the proposed activities/services. Thefacility is designed in a regular classroom setting with a certificated teacher assigned to each classroom. All classrooms are equipped with computers and internet access for corpsmember use. Pictures of corpsmember accomplishments and success boards are displayed throughout the facility. There is a case management office with five staff available to work with corpsmembers one on one to provide support services needed. A resource area is designated in the facility for corpsmembers to access medical, health, leadership council applications, and human resource information. A corpsmember feedback box is available for corpsmembers to provide suggestions or request additional services. I1. ABOUT OUR ORGANIZATION A. Description of the Proposer 1. Current number of full time and part time personnel emvloved/average annual operati budget/sources of revenue The OCCC currently has 33 full-time and 1 part-time staff and needs to employ 70 corpsmembers each day to fulfill current work projects. Several staff will be involved in providing services for this project, some in-kind (Teachers, Transition Specialist, Training Supervisor). Several OCCC staff are former corpsmembers themselves who are valuable role models and mentors to corpsmembers. For FY2008-2009, the Board-approved budget is $5,122,1812. This is higher than average due to aone- timecapital improvement grant for $1.2M awarded last fiscal year. Sources of revenue include grants (83%) and fee-for-service contracts (12%). The remaining revenue is generated through donations and in-kind contributions. As a portion of total revenue, grants include: Page 17 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 • California Department of Conservation Division of Recycling (50%) • National Emergency Grant (42%) • Santa Ana Workforce Investment Board (3%) • California Conservation Corps (1%) 2. How Iona has your organization been serving Santa Ana , oy uth ~ The OCCC has been serving Santa Ana youth for the last 11 years. 3. What kind of impact has your services made to the youth in the communit~r~ Santa Ana corpsmembers have: • Graduated with a high school diploma from the OCCC charter school; • Earned scholarships for post-secondary instruction; • Transitioned to full-time employment, gone on to advanced training, and/or are attending some form of post-secondary instruction; • Volunteered and participated in numerous Santa Ana community events; neighborhood clean-ups, Youth Expo, charity events, etc. • Participated at the local and state level to represent youth; Santa Ana Youth Council, CWA state conference, local and regional WIB meetings, local youth forums; • Visited local legislators in Sacramento to advocate for youth. The OCCC has: • Hired and employed more than 570 Santa Ana youth the last 9 years; • Completed numerous work projects to improve and restore several Santa Ana parks portions of Santiago Creek, and the Santa Ana Zoo; • Repaired more than 201ow-income homes/apartments in Santa Ana. B. Experience 7. Briefly outline all youth programs that your agency has operated during the last 2 years While the OCCC has previously added program components like construction training & work experience, and programs like Youthbuild, the OCCC has operated the same award-winning youth program for the last 16 years based on state and national models for conservation and youth service corps. Over the years, the OCCC has developed and improved on this basic model to provide a comprehensive, structured program that provides a wide array of work experiences and services that meets the needs of local Orange County youth. The program model stresses the importance of education, occupational skills that lead to employment, leadership development, and post-program follow-up. 2. What kind of experience do you have in incorporatingparents youth and employers into your programs? Since most OCCC corpsmembers are adults and many are estranged from their parents for various reasons, the OCCC does not have much experience with incorporating parents into our program. Unfortunately, most parents of OCCC corpsmembers either do not have the time or the desire to be involved with the program. Nonetheless, corpsmember success at the OCCC often reunites the corpsmember with their parent(s) as corpsmembers become more responsible, stable, and self- sufficient adults. The OCCC does schedule events throughout the year to involve family members, be Page 18 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 it their parents, their wives/girlfriends, husbands/boyfriends, and/or children to promote a sense of family and community into our program. The OCCC has over 16 years of experience running the Corps' program which, from the onset, has been designed to incorporate youth. Services have been available and provided to youth since 1993, and as mentioned above, include paid, on-the job training, education through our on-site charter school, and case management services to address the various and sundry barriers to successful employment and education. The OCCC has a long histor~r of incorporating employers into the Corps' program. Through on-going networking efforts, a dedicated Transition ("Corps-2-Career") Specialist maintains relationships with employers to assist with post-Corps placement of corpsmembers in stable employment. Additionally, the OCCC holds job fairs as needed to place corpsmembers who have completed the program, as well as inspire the corpsmembers still enrolled in the OCCC/John Muir Charter School. This includes employers that are considered "felony-friendly", as more than half of our participants are, or have been, on parole and/or probation. Furthermore, local employers and their staff participate on our Board of Directors, providing both feedback from a business perspective, networking opportunities, and valuable contacts with industry. 3. Describe howstaffwil/receive trainina and ongoing staffdevelonment to increase staffcapacit~r and expertise in the field of youth development and employment All OCCC staff are required to attend a minimum of 24 hours of training each year. This includes a variety of topics, including safety, youth development, leadership and technology. Training is provided through both internal sessions and attendance at outsourced seminars and presentations. Outside workshops provide an excellent opportunity for staff (and often corpsmembers) to learn more about best practices in youth development, such as the CWA and Gang Prevention & Intervention conferences. Attending such outside events allows staff to network with other providers, and expands the availability of resources for our participants. Furthermore, our certificated teaching staff receives a 2-day annual "in-service" training through the John Muir Charter School. Staff Development Days are scheduled twice a year, and include team-building and development exercises for the entire staff. Plus, the OCCC maintains an Education Reimbursement benefit for staff that choose to enroll in outside classes that will have a direct benefit towards their position at the OCCC. Upon approval, tuition and book expenses are reimbursed upon successful completion of the class. 4. list oositions dedicated to this proposal The OCCC currently has 33 full-time and 1 part-time staff and needs to employ 70 corpsmembers each day to fulfill current work projects. Several staff will be involved in providing services for this project, some in-kind (Teachers, Transition Specialist, Training Supervisor). Several OCCC staff are former corpsmembers themselves who are valuable role models and mentors to corpsmembers. Following are the staff dedicated to this project with primary responsibility for providing services: • Ralph Jimenez, WIA Program Specialist: AS Public Safety & AA Liberal Arts; Certified Firefighter; 5 years with the OCCC. Page 19 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 • Mario Miranda, Crew Supervisor; HS Diploma/ROP Certificates, 4 years experience as OCCC Crew Supervisor, former Corpsmember. • George Patino, Project Manager: HS Diploma/ROP Certificates, 16 years experience as OCCC Crew Supervisor, former Corpsmember. • Maggie Lopez, Director of Programs: BS in Human Sciences; 6 years experience at the OCCC in various case management positions and grant/contract administration. • Max Carter, Executive Director: Bachelor's degree in Biochemistry; 18 years experience in business and management; 3 years' with the OCCC as Executive Director/Board member. C. Fiscal Capacity 1. Describe the process used to capture and report fiscal data The OCCC uses fund accounting to allocate, capture, and report fiscal data. Since the OCCC has multiple revenue streams (federal, state, and local), fund accounting allows expenses to be tracked and allocated to individual funding sources using a specific fund account and project code(s) for that fund account. The Santa Ana WIA contract will be assigned a specific fund number and a specific project code(s). All allowable expenses will be tracked using the assigned project code(s). Therefore, direct program costs such as staff time, Corpsmember stipends, employer taxes, and other expenses will be tracked using the appropriate fund and project code(s) on time sheets. Costs for occupancy or transportation that are not easily tracked with project codes will be allocated on a percentage basis of work hours charged to the fund. For example, if the fund accounts for 10% of the total hours for that month, the fund will be allocated 10% of the occupancy and transportation costs for that month. The OCCC captures and reports fiscal data to the OCCC Board of Directors monthly and invoices contracts on a monthly basis. The OCCC undergoes several program audits and an independent financial audit each year. The OCCC has not received any negative findings or management letters as a result of these audits. 2. Attach a cov oy f the procurement policy and procedures Please see a copy of our attached procurement policy and procedure. 3. What systems are used to ensure the fiscal accountability and appropriate expenditures and planned costs? During the procurement procedure outlined above, the OCCC ensures accountability and that expenditures are appropriate and planned. In order for staff to submit a purchase request, staff must first determine if the purchase is within budget and which appropriate fund will be charged for the purchase. Budgets and line item accounts to track expenses are maintained on a monthly basis for all OCCC contracts/grants/departments. All purchase requests are reviewed by the OCCC Director of Finance before payment is made. Any Purchase Request that appears to be over budget or not planned will be flagged by the Director of Finance and reviewed by the Executive Director for final approval. The Director of Finance reviews monthly financials with the entire management team and with the Board of Directors monthly. Page 20 of 21 Orange County Conservation Corps Santa Ana Workforce Investment Board -The Youth Service Provider Network Request for Proposal PY 2009/2010 Additionally, The most recent independent audit (FY 2007-2008) shows that 88% of our funding has gone to program expenses, a high mark when compared to the fact that 7 out of 10 charities average 75%. 4. Describe invoicing process and list qualifications of staff assigned to the task The OCCC's normal procedure is to invoice between the 10th and the 20t" of each month for services provided in the previous month. Invoices are prepared by the Director of Finance. All hours worked to provide services are entered along with all allowable costs tracked by the appropriate fund and project code(s). Once all costs for the month have been entered, an invoice is prepared. All supporting documentation required or requested (copies of timesheets, receipts, etc.) for the invoice is attached. The invoice is then submitted to the Executive Director for review and signature. In addition, the OCCC has expanded its Finance department by relocating the department to an off- site office suite with additional space for operations. This will ensure more rapid processing of error- free WIA invoices and accompanying documentation. Staff assigned to the task include: • Tai Tony Huynh, Director of Finance. • Phiyen Pham, Staff Accountant • Lucinda Ruiz, Accounting Assistant 5. Describe how agency's financial stability is not dependent on WIA funds As mentioned above ("Description of the Proposer: Current number offull time and part time personnel employed/average annual operating budget/sources ofrevenue."),the funding from WIA accounts for approximately 2% of the OCCC annual budget. Almost half of the OCCC funding comes from grant sources that the Corps has received annually for the past 71 years, and confidence is high that these grants will continue to renew for the foreseeable future. Furthermore, an additional 12% of funding comes from fee-for-service contracts. 6. Submitmostrecent/2years ofaudited financial statements Copies of the OCCC's most recent independent audits for FY 2006-2007 and 2007-2008 are attached. D. Subcontracting Subcontracting client services/activities is not permissible under this contract However if planning to subcontract non-client services identify subcontracts and estimated cost for services The OCCC will not subcontract non-client services. All services will be provided by the OCCC or by OCCC partners as in-kind support. Page 21 of 21 Outreach and Recruitment - At-Risk Youth in Orange County - Organizations Serving Youth -Collaborative Partners Youth ~ Contacts OCCj Orange County Conservation Corps CorpsmemberF lowchart Does Not Qualify Refer to One-Stop Centers & Youth Providers NO Interview Process - Application & Interview - Goal Clarification - Motivation for Interest in Program - Interest in Education - Development of Action Plan - Expectations Described May Qualify in Future Waiting List ORIENTATION: - Conservation Awareness - Community Activism -CPR/First Aid Pass Orientation? M has H.S. Diploma? Education Program -High School Diploma - Life Skills Curriculum -Academic Remediation Complete Complete Credits CAHSEE? YES High-School Diploma Revised 02.24.09 CM crew positions become available Leave of Absence (until next orientation) N Enroll in OCCC/ John Muir Charter School - Begin work towards HS diploma YES Weekly Evaluation YES -Attendance - Punctuality - Uniform - Productivity - Performance Issue Certificate of Completion Transition -Life Skill - Pre-Employment Skills - Career Exploration -Job Search - Resume - Interview Skills Assign Classroom, Case Manager, Crew Work Program - Paid Work Experience -Job Training - Positive Work Ethic - Job-Specific Skills - Progressive Skill Training Training /Certifications - Forklift - Chainsaw - Driver License (Class B & C) Case Management - Service Referrals - Food Bank - A.A./N.A. Meetings - Field Visits - Planned Parenthood - Bonus Program Program 60-day Exit Program Elements _ notice-~ Follow-up Tracking/ ;ompleted Services / HIRE? \ Eligible for program? Appropriate match? 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O + + .S.J' ¢' U fl ,., A \ ~ ~ ^ ~--+ ~ ~ t1 ~ ~ ~ ~ . ~ ~ U ~ . ~ N '" O M p, ~; cd U Y O O 0 ~ ~ t3. • ^. ~ ~ ~. ~ 3 . ~ ~ -~ o -d .~ " w ~ ~ . ~;b Q a ~ O r-1 ~ --~ N O.. ML' ~ 1y~. ~1 N lp Exhibit C COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints g II. General Procedures for Handling Non-Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERMS z 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. 3 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 Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that -for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for 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 and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 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 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 Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. 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: 5 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. 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., Ste 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 fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non-Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, 6 sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non-criminal complaints arising from the operation of the Santa Ana 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, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient 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 Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private-for-profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. A "participant", within the meaning of these procedures, is an individual who receives employment-training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 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 Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; a 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 complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst -EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5157 9 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. 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 aquasi-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. io 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/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing 1z 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 athree- 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. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. 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. 12 Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 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 LWIA 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 and 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. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and/or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 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). zs PROCEDURES FOR HANDLING NON-CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWIAs 0 Unsatisfactory Decision or LWIA Decision not issued within 60 days Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL w 0 0 a w 0 0 a c c C c t 16 Informal Resolution Process 0 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: Anita Queen Sr. Personnel Analyst -EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. A. Procedures at the LWIA Level 1. The complainant shall file his/her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWIA. 17 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. IS PROCEDURES FOR HANDLING HANDICAP COMPLAINTS No later than 180 days of alleged discrimination Filing of complaint on the basis Of Handicap with LWIA ~--~ Day 1 ~ Informal Resolution ~ If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted I I Day/45 Day LWIA Decision Unsatisfactory Decision or No Decision Filed within 30 days of LWIA/State Decision or 90 days from date of initial filing of complaints State Review I Governor's Decision I 60 Days Appeal to Assistant Secretary Department of Labor 19 GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT - An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT -Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP) COMPLAINANT GRIEVANT OR AGGRIEVED PERSON -The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION - In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON-CITIZEN -Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER - An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects 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. INTAKE -Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT - A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC so unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION -Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT -Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post-termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. zs Exhibit D Certification Reeardin~ Debarment Suspension Inelieibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within athree-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 athree-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Orange County Conservation Corps Grantee/contractor Organization Executive Director Name d i le of Official Authorized to Certify On Be I of the Grantee ~2~- Date Exhibit D CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her kno~n~ledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a ~~/lember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contracts, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance vvas 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. 1 352. 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. Grant/Contractor Organization Program Title Name f Certifying Official Signature Exhibit E Certification Regarding Drug-Free Workplace Requirements A. The grantee certifies that it will or will continue to provide adrug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufactures, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken,against employees for violation of such prohibition; b. Establishing an on-going drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. .Any available drug counseling, rehabilitation, and employee assistance programs; 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 to be engaged in the performance of the grant be given a copy of the statement required in paragraph (a); d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such violation; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; £ Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2}, with respect to any employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; B. The grantee shall insert in the space provided below, or include as a separate attachment, a listing of the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, State, zip code) Na e of Organization of Authorized Representative ~~ O Date Exhibit F Santa Ana WIA Santa Ana Youth Council FYE10 -Revised 02.18.2009 Budget Form Administrative Program Total WIA Personnel Salaries (List titles and FTEs)* $13,970 $50,782 $64,752 Benefits* $2,546 $15,116 $17,662 Total Personnel $16,516 $65,898 $82,414 O" eratin Ex enses Rent or user fee* $7,067 $7,067 Utilities Phones Internet fees Parking fees Security Maintenance Insurance Equipment rental fees* Vehicle lease charges (vehicles may not be purchased) Office expenses (consumables) Accounting Services Legal services Auditing services Indirect costs (attach indirect cost rate plan*) Professional Services Marketing/Membership Finance Charges Staff training $1,200 $1,200 Staff travellmileage Participant Wages* $49,633 $49,633 Support services* $5,250 $5,250 Profit (for profits only) Other (list)* Incentives/Bonuses $4,500 $4,500 Project Transportation $14,690 $14,690 Charter School Total O eratin Ex enses 82 340 82 340 GRAND TOTAL (Total Personnel + Total Operating Expenses) $16,516 $148,238 $164,754 OCCC Match/ln Kind $57,278 $10,825 $68,103 $1,944 $2,224 $6,490 $3,906 $628 $481 $8,954 $6,296 $15,024 $48.976 $117,079 CONFIDENTIAL SA WIA RFP FYE10 -05 Budget (Attachment C).xlsx Page 1 Budget Form Santa Ana WIA OCCC Santa Ana Youth Council Direct Program Expenses FYE10 WlA WIA OCCC Staff Wages/Salaries Time % Amount Administative Staff Executive Director M. Carter 5.0 % $ 4,463 Executive Assistant R. Baccanti 0.0 % $ - Program Director M. Lopez 5.0 % $ 2,853 Finance Director T. Huynh 5.0 % $ 3,971 Payroll Support P. Pham 0.0 % $ - Accounting Assistant L. Ruiz 0,0% $ _ Project Mana er G. Patino 5.0 % $ 2,684 Subtotal Admin Staff $ 13,970 Employer Taxes $ 1 711 Workers Compensation $ 175 Benefits $ 660 Subtata! Admin Staff Taxes/Benefits $ 2,546 Total Administrative Expenses $ 16,516 Program Staff CM Recrui[erlTrainer J. Cabrera 5% $ 1,538 Corps-2-Career (Transition) Specialist J. Simpson 5% $ 1,872 WIA Program Specialist R. Jimenez 55% $ 19,985 Crew Su ervisor M. Miranda 100 % $ 27,387 Subtotal Program Staff $ 50,782 Employer Taxes $ 6,221 Workers Compensation $ 3,450 Benefits $ 5,445 Subtotal Program Staff Taxes/Benefits $ 15,116 Program Expenses Project Transportation (see breakdown below) $ 14,690 Staff Training $ 1,200 Occu anc $ 7,067 Subtotal Program Expenses $ 22 957 Total Program Expenses $ 88,855 Corpsmember (CM) Expenses Average Total hrs/ WlA CM Stipends # of CMs Hourly R ate CM Amount CMs 12 -:. I °~ `~ '.'. '; a~17 - :~¢ $ 40 800 Car -overs g r` .a , "' . ~' ' , CMs Total Hcurs/Paid Work Ex erience 3,946 Employer Taxes $ 3 121 Workers Com ensation $ 5 712 CM Stipend Total 15 $ 49,633 Supportive Services/Training 15 $ 350 $ 5 250 CM Incentives/Bonus 15 $ 300 $ , 4,500 Subtotal Cms Expenses $ 59,383 Total WIA $ 164,754 OCCC Match OCCC Staff Salaries & Wages (pg 2) $ 57 278 Taxes & Benefits Employer Taxes $ 4,382 Workers Compensation $ 716 Benefits $ 5,728 Subtotal Taxes & Benefits $ 10,825 OCCC Match $ OCCC Charter School $ 15,024 OCCC Expenses (pg 2) $ 34,718 Transportation Budget Details Budget Request Monthly 12 months Fuel 395.00 4,742 Insurance 157.00 1,884 Repair & Maintenance 100.00 1,200 Vehicle Lease 572.00 6,864 Total 1,224 14,690 CONFIDENTIAL Page 1 Exhibit G Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. ® I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. ® We are not currently on any Federal, State of California, or local Debarment list. ® We will provide records to show that we are fiscally solvent, if needed. ® We have; or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. ® We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: ®Records accurately reflect actual performance. ®Maintain record confidentiality, as required. ®Reporting financial, participant, and performance data, as required. ®Comply with State and Federal fiscal and program activity audits. ®Complying with Federal and State non-discrimination provisions. ®Meeting requirements of Section 504 of the Rehabilitation Act of 1973. ®Meeting requirements of the American's with Disabilities Act of 1990. (submit attachment F) ®Meeting all applicable labor law, including Child Labor Law standards. ®Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. ®Agree to provide all participants with Grievance Procedures. ®Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) ®Procurement policies and procedures are in place and meet federal guidelines. We will not: ®Place a youth in a position that will displace a current employee. ®Use WIA money to assist, promote, or deter union organizing. ®Use funds to employ or train of persons in sectarian activities. ®Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. ®Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ®Use WIA funds to carry out programs funded under the School-to-Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. ®Use WIA money under this contract to purchase any equipment. 1 hereby a~ure that~ll of the above are true. Executive Director 02-26-2009 Title Date Ac©RD~. CERTIFICATE OF L[ABlLITY INSURANCE OP ID PC ORANG-9 DATEIMMIDDIYYYYI 07/22/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Chapmar, 6 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMENb, EXTEND OR HOLDER License k0522D24 . ALTER THE COVERAGE AFFORDED BY THE POLICfES BELOW. F. 0. Box 5955 Pasadena CE 91117-0955 Phone: 626-9D5-8031 Pax: 626-405-0585 INSURERS AFFORDING COVERAGE j NAIC # INBUREC' INSURER <. ~ 16 6 91 IIJBURER E Orange County Conserva tior, C.Or ~ IN'BURERC-__ _ __ _ _. _ __ _____`__ _ SBSJ N. Raymond AVE. INBURERD Anaheim CA 92801 M'SURFR E THE POLICIES OF INSURAI:CE LIBTEp pELON' NAVE BEEI.' ISBUEDTDTHE In'SUREG NAMEL A6DVE FDR THE POLICI' PERIOD IHpICATEL. NDM'ITHSTANpM1A'C~ AI:Y REOUIREIAEIJ ~.. TERI.I DR CDNpITIDIJ OF ANY COIJiRACT CR OTHER pDCUMENT WITH RESPECT TD WHICH THIS CERTIFICATE M+\' BE IEBUED OF MAl'PERTAIN.THE INSURNJLE AFFORDED B"THE POLICIES OESCRIBEp NfRF1A'IS SUBJf CT TO AL<THE TERME EXCLUSIONS WJD CDNDITI01.'G OF SULYI POLILIEE. AGGREGATE LR.IITS SHDWIJ MAY HAVE BEEIJ REDUCED BY PAID CWME INSF NDD'Y POLICY EFFECTIVE 'POLICY EXPIRATIOn' IMITS LTR INARC TYPE OP INSURANCE POLICY NVMBEF. PATE (MMIpp1YY, DATE INMIDDM'1 L GENERAL LIABILITY EALNDDLURREn'LE 1,DOO,ODC A }; }. COMMERCIAL GENERA, LIABILITY PAC51546B0 07 /20/D8 D7~20~D9 ' DAM0.G. TO RENTEC' I PREIAISEG IEa occurenrx, I c 1DD, DDD ~ CLAIMS MADE I }~ i GCCUF ~ ~ MED EXF IAPV oNe person" ! .~i , D D D NO DEDUCTIBLE 'PEesowa-aAnvlNluA~ ~ 1,000,OOD I GENERA AGGREGATE ' 2 ,DDD , DDD GEIJL AGGREGATE LIMIT APPLIES PEF ~ ~ PRODUCTS - COMPIO~ AGE ~ I < 1 ,DDD , D D O ~ r-1. PRO.. ~ ROLILI ~ JELT LOL i AUTOMOBILE LU:BILITI' ~ COMBINED SINGL LIMP ' ~' IE: ac,.oan.. Arx auto uI DwNED AUTnE ' '. BODILY INJUR`, i fFer person, 5 BCHEOULEU AUTOS I I HIRED AUTOS ' BODILY IIJ.IUR`~ F ~ ' S Now-OWN~AUI'DS a{ {^~\i I ¢r arrloenl: ' I ~ I ~ YK- - PROPFP.T\'ONAAGE E I ~~ ~ ~ IFel arclaan:. ~~~ / '/ / f GARAGELIABILf1Y ~ ~ AUiO ONLY-EA ACOIp=NT ~~ 5 L ~ L{Y ~~ , / (~' % ~ W;Y AUTO ,^~ _ 0 ~ J 11 EA ACL 0TH=. F. THA1~. i ~ - Y ~/ pR ~ ~ FUTO ON!P ~ AGG EXCESBNMBRELLA LIABItItt '~~~y P '~~ _ ~S~ 'I EACH OCCUkRENCE ~ E } L ' ~- O^_GUF I I CLAIMS MApE ~`~ ~` ~ ,( / / / AGGREGATE ~ S ~ S / t ~~ ~ i c pE000TIBLE ~ ~ ~ R_TENTIDI. I ~ y ' I 1"<L SiATL'~ IGi H~ ' WORKERS COMPENSATION ANp ~TOP.Y LIMITF ' EMPLOYERS' LIABILITI' _ I E L. EACH ACLIpENT 5. ANl PROPRIETORIPARTNEk'E%ECUTIVE - '~ DFFILER/MEMEER ESCLUpEO" ~ E L. DJG=ASF -EA EMPLOYEE ~ U ves. Pesv.Pe Vnaee S?ECIA! PROVISIONS DeIO. :~ DISEASE-PULILI'LIIA I- i OTHER A :Sexual Misconduct PAC5154680 ~ 07/20/06 07/20/09 Per claim 250,000 No Deductible ~ aggregate SOD,D00 DESCRIPTION OF DPERADONS 1 LOCATIONB I VEHICLES I EXCLUSIONS ADpED 0Y EHDORAEMENT !SPECIAL PROVISIONS City of Santa Anz, its officers, agents, employees and volunteers are named additional insured with respect to the operations o£ the named insured per the attached endorsement. 1D days notice of cancellation for non-payment of premiu:r.. XX CERTIFICATE H(ll nFR CANCELLATfON COtMl'DEl liNOULD ANY OF 1NE ABOVE DESCRIBED POLJCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 3O DAYS WRITTEN NOTICE TD THE OEATIFKATE MOLDEA NAMED TO THE LEFT, Community Development Agency K-25 City o£ Santa Ana P.O. Box 1988 ~ Santa Ana, CA 92702 -i9BB Au E ES ,fITATIVE AGORD 25 (20D1/DS) U AGUKU GUKYUKAI ION 1988 IMPORTANT li the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights io the certificate holder in lieu of such endorsement(sj. If SUBROGP.TION IS WAIVED, suojeci to the terms and conditions of the policy, certain policies may require an endorsement. A statemen on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. DISCLAIMER The Certificate of Insuranoe on the reverse side of this form does not constitute a contract between the issuing insurer(sj. authorized representative or producer. and the certificate holder, nor does ii affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/DB) EXHIBIT B ADDITION,4~ INSURED ENDORSEMENT Insurance Company Great American insurance Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # PAC5154680 relating to the following: ~ . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard r onlibehalf of the named i ~sured s arising from the operations and uses p.,rformed by o 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect ar,y right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall nat be canceled, or materially reduced in coverage ar limits except after thirty (30} days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.} Effective o712aos - a7i2o~o5 .this endorsement form as a part of Policy ~ PAC5154680 Issued t0 Orange County Conservation Cor s. 1853 N. Raymond Ave., Anaheim CA 52801 Named Insured ED ~~ ~(,~ '~©~M Countersigned by ~~~~`t'V ~?` f r S~ CRCK ~tiSA E' Attorney city ASS'St / ~~'}'~~d----~ Authorized Representative NONPRUNIT CERTIF'iCATE OF LiA~i~,iTY INSUF~ANCE DATE tMMIDDIYYYY) A CORD,,. 612 812 0 0 8 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Specialties 650-639-6965 F ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ABD Insurance & Financial Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 305 Walnut Street Redwood City, CA 94063 INSURED Orange County Conservation Corps 1653 N Raymond Ave Anaheim CA 92801-1117 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A: NonProfiis' United Ins Vehicle Pool INSURER B' INSURER C. INSURER D. INSURER E _ _ __ .....~....,,.,,~ ~r,o rur= onl Icv PERIOD INDICATED. NOTWITHSTANDING THE POL ICIES OF INSURANCE LISTED BELOW HAVE BEtIV 155Utu I v i n~ u..~~.~.~~ •-• ••••-- OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAT CH AIJY REQ UIREMENT, TERM OR CONDITION OF ANl' COIJTRACT OR POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS HND CONDITION S OF SU IdA I' PEP THE INSURANCE AFFORDED B ,TAIN Y THE CLAI ' PO LICIE , S. AGGREGATE LIMITS SHOWN MAY P PAID HAVE BEEN REDUCED Bl POLICI' EXPIRATION IMITS IIJSR DD' L LICY EFFECTIVE POLICY NUMBER DATE MMIDDIYY DATE MMIDDIYY LTP. N SR 7yPE OF INSURANCE E:,CH OGCURREi:CE s GENERAL LIABILITY I DAMAGE TO RENTED S PR EId ISES Ea occurrence) COMMERCIAL GEIJERAL LIABILITY i PAED EXP fAny one person) S CLAIMS MADE ^ OCCUR PERSONAL S ADV INJURY S GENERHL AGGREGPTE S ' PRODUCTS - COMPIOP AGG S GEIJ'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT L0~ A AUTOMOBILE LIABILITY NPU1000-DB 7!1!2008 711!2009 COMBINED SINGLE LIMIT IEa accitlentl ~ ~,DOO,D00 AIJ 1'.4UTG BODILY INJU Rl' ~, ALLOWNED AUTOS (Per person) SCHEDULED AUTOS 80DIL\' RJJURI' S HIRED HUTOS (Per accident) NON-OWIJED AUTOS PROPERTY DAMAGE S (Per accident) AUTO ONLY - EA ACCIDENT c. GARAGE LIABILITY ~~ ~ ~ EA ACC S HNl AUTG ~T '~'D OTHER THHN ~O V ~' `„"°`^' HUTO ONLI`. AGG S K EACH OCCURRENCE S I EXCESSIUMBRELLA LIABILITI' G ~ O`\V pov AGGREGATE ~ ~ ~ OCCUR CI CLAIMS MADE OC `I Qtt ~ ~,SF-. ~ C ~`I ~ yL Sis~a~~ ~ .'n DEDUCTIBLE . _ ~ ~ ' q, RETENTIOlJ $. WC STHTU- OTH- Y c ~: WORKERS COMPENSATION AND ' E.L. EACH HCCIDENT S LIABILITY EMPLOYERS HNl' PROPRIETORlPARTN ERlEXECUTIVE E.L. DISEASE - EA EMPLOYE E Z OFFICERlM EMBER EY.CLUDED? MIT S li yes, describe under EL. DIS EHSE -POLICY LI SPECIAL PROVISIONS below OTHER ON OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS DESCRIPTI r the NPU Vehicle Insurance Program. Evidence of coverage. PROOF OF INSURANCE ONLY. d t e o un RE:Member #1560 Any Auto means any covered au ATE HOLDER Citv of Santa Ana SNorkforce Invesimeni Board P. O. Box 1988 M-73 Santa Ana CA 92702 ACORD 25 (2001108) 1 of 2 172679 CANCELLATION Ten Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL a0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HDLDEP. NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE n ~f/~~~// O ACORD CORPORATION 1988 (MPORTAt~T If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2oD1108) 2 of 2 #5915260/M915043 CERTIFICATE OF WORKERS' COMPENSATION COVERAGE Dec 15, 2008 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Nonprofits' United Workers' Compensation Group THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 344 Thomas L. Berkley Way, Suite 340 COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94612 Phone: (877) 551-671 7 INSURERS AFFORDING COVERAGE Fax: (530)274-9871 INSURED INSURER A: Nonprofits' United Workers' Compensation Group Orange County Conservation Corps wsuRER B: ACE USA 1853 North Raymond Avenue Anaheim, CA 92801-1117 INSURER C: INSURER D: INSURER E: COVERAGES This Certificate is not intended to speci all endorsements, coverages, terms, conditions and exclusions of the policies shown. THE POLICIES OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE AFFILIATE MEMBER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOC UMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYpE OF COVERAGE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fre) CLAIMS MADE OCCUR MED EXPENSE (Any one person) GENERAL AGGREGATE LIMIT APPLIES PER: SI^ G +,r PERSONAL 8 ADV INJURY POLICY PROJECT LOC ~ D ~ TO 1 GENERAL AGGREGATE pR~ ' PRODUCTS-COMPlOP AGG AUTOMOBILE LIABILITY ' ~ COMBINED SINGLE LIMIT ANY AUTO F SA ~ RC ~ S'~~ ney (Each accident) L A A ttOr ~ ALL OW NED AUTOS tan ~J Ci BODILY INJURY SCHEDULED AUTOS ^C A-+eS15 (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peraccidenq PROPERTY DAMAGE (Per accident) WC STAT X OTHER WORKERS' COMPENSATION LIMITS A AND NPU-WCG001-2009 1/1/09 ]~1~)~ E. L. EACH ACCIDENT $500,000 EMPLOYERS LIABILITY E.L. DISEASE-EA EMPLOYEE $ SOO,000 E.L. DISEASE-COVERAGE LIMIT $ 5QQ,000 OTHER B Excess Workers' Compensation ACE-temp0109 1/1/09 1/1/10 $2s,ooo,oooX$soo,ooowc $1,000,000 x $500,000 EL DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS Evidence of Workers' Compensation Coverage: CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION NPUWCG-000C-041 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE Ci of Santa Ana tY NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS Workforce Investment Board AGENTS OR REPRESENTATIVES. P. O. Box 1988 M-73 Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE Based on ACORD 25-S (7197)