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HomeMy WebLinkAboutORANGE COUNTY YOUTH COMMISSION (2) - 2009 rr>.44' City of Santa Ana 7'---7';,,,,.;,"�. Clerk of the Council c AGREEMENT TERMINATION M dinedme—�sumre` ake tosinclude if any.all Please complete this form when the attached agreement is no longer in effect.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 647-2520 if you have any questions. The agreement with L ' v • \/a-'""�`" ' ( ui No. A.....0 9UJf OT was completed on (((?® Ji and final payment has been made. C1 n �y i �OC ,Department: (_f(,,� � L/ d Phone/Ext.: aLoiaA Signature: Date: laj\ i Revised 05-04-08 INSURANCE C}~ ~'° `~ WORKNIAY;-r. ,.. UNTILIN5;1h~^~:~ ~~ t~ ~u~ _ z~>-'~ CLERK QF CUU~~Ci: 'k?~- nerF '~ --~-q-Ei ~1 Contract No. A-2009-075 AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 1St 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 Youth Commission ("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 forty two thousand, four hundred eight eight dollars ($42 488) 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. Page 7 of 15 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 1N 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 Page 8 of 15 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 Involvin Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to 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 owned/leased and non-owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. 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 1 l 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 15 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 Youth Commission Office - P.O. Box 1593 Newport Beach, CA 92659 (949) 500-5424 Telefacsimile (714) 835-6525 -Boxing Club 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. Page 14 of 15 XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above-written. ATTEST: ~~Patricia E. Heal Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: .-~ Lisa E. Storck Assistant City Attorney RECOMMEND FOR APPROVAL: r Cynthia J. Nelson Deputy City Manager for Development Services CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: 1 David N. R m City Manager "CONTRACTOR" ~ ~ BY: ~ Lit Name: Kate Medina Title: Executive Director Tax ID #: 31-1755406 Page I S of I S Exhibit A Orange County Youth Commission Santa Ana, California WIA 2009- 2010 PROPOSAL NARRATIVE ABOUT THE PROGRAM EXECUTIVE SUMMARY The Santa Ana Boxing Club is a unique asset in our community that draws teenagers to the exciting sport of boxing and the opportunity to become part of the Santa Ana Boxing Club Team. The purpose of the Club is to provide vulnerable, low-income youth with a safe, motivating environment and the necessary expertise and resources to strengthen their academic performance and build their character and leadership potential. The Club is an inviting, supportive environment for youth -- particularly at-risk youth -- as it provides professional boxing instruction coupled with focused academic tutoring, leadership development and individual counseling. The Club is also a site for mentoring and job development. Efforts are geared to preparing youth for successful high school graduation, post-secondary education, employment and self-sufficiency. Thus, this program mirrors the goals of WIA. The Santa Ana Boxing Club provides boxing training, academic tutoring and character education in a historic boxing facility at 901 E. Fourth Street. The gym is unique, and old historical street boxing gym, Clients are attracted to the exciting environment of students boxing in the boxing ring, punching bags, jumping rope and working out on equipment and with weights. Computers and a tutoring section of the gym enable clients to have a suitable place to study and do homework. We also have other space, which is available from 2 pm until 7 pm that is very close to the gym that can be used for longer, more in depth tutoring sessions. The boxing gym is open weekdays from 3 to 4 p.m. for tutoring, and 4 p.m. to 7:30 p.m. for boxing skill instruction. This program focuses on developing discipline, sportsmanship, as well as boxing skills. Teens compete in boxing tournaments and gain perseverance and self-confidence. The boxing club also has an intensive tutoring program five days a week one hour prior to the boxing practice. The Boxing Club Director is a certified drug and alcohol rehabilitation counselor and a certified boxing coach with USA Boxing. We invite successful business people and community leaders to share their stories with the youth. They share about their professions, the lessons they have learned and mistakes they have made, inspiring our young people, exposing them to career options and showing them how to attain their dreams. Speakers often stay to answer individual questions and have one-on-one discussions with the youths. 1 Orange County Youth Commission Santa Ana, California Target Group: We serve the neediest youth from the community. Their families are low-income and all are in need of academic support and positive experiences. We have two different target populations that we serve. The First, are defined as junior and high school students, who are "In-School Youth" between the ages of 16 and 20 who are or were considered "at-risk" of academic failure, gang involvement, criminal/deviant behavior and/or substance abuse. The majority of these youth come to us deficient in basic academic skills (e.g., reading, writing, math, grammar). All require individual counseling and/or mentoring services to accomplish educational goals. Many have past gang involvement. Others have been suspended or expelled from school at one time or another and some are involved in alternative school settings like the Community Day School, which refers students. A number of youth are members of families on welfare. Several are youth in the foster-care system and others are on parole. The majority is at- risk for school failure and dropping-out. We will serve 12 youths that are considered "In-School Youths" The second population of youths that we serve may still be in school but the age group is older and is more interested in getting a job. We call this group that we serve our "Young Adults". This group will also need tutoring and help with the basic reading and writing skills. We will focus on helping the Young Adults to understand their options in the world that we live in today, whether that would mean for them to return to school or get into a technical school or find a job. We will serve 13 Young Adults. Ages 18 to 23. One young man, age 19 was telling his story to some of the other kids in at the boxing club. He told them that he had been coming to the Santa Ana Boxing Club for five years and he was now going to Cal State Fullerton. He has dreams of going to UCI and then on to Cal State Davis to become a Doctor. He pointed to Anthony Serrano and said "listen to that guy, he's the one who told me to stay in school". Inspiring stories, like this, can be heard at the Santa Ana Boxing daily. One day there was a ruckus outside the Boxing Club. Coach Anthony looked outside to find one of the regular kids who yelled out "Get back in the gym, Anthony!" As Anthony went back into the gym another boy wanted to go out. Anthony instructed him to stay inside. The young boy protested and told Anthony that he wanted to do something good but Anthony would not let him go outside. Soon after that, the boy who was outside came into the gym bleeding and bruised. He said "Anthony I got out of the gang, but I had to get beat up." Anthony put his arm around the boy and told him "I am so proud of you, what you did was right even though it cost you something." The boy that stayed inside then told Anthony "I wanted to get out of the gang too! I guess t will have to get beat up tomorrow." Many of these children are getting out of gangs and learning to live lives of integrity and honor. 2 Orange County Youth Commission Santa Ana, California Number of youth served: The number of youth that attend the boxing club fluctuates from 60 to over 100 with an average of 35 to 45 each day. However, we project that we will case-manage and serve 25 youth in this WIA program. They all live within inner city limit of Santa Ana; California, designated as a high crime area. Those youth who will participate under this grant are legal U.S. residents who reside in Santa Ana, California and are members of low-income families. They all presently attend the Orange County Youth Commission's (OCYC) Santa Ana Boxing Club, an after-school program that integrates academic tutoring, mentoring and other supportive activities with athletic skill development and leadership training. All of these youth require incentives to participate and some of these youth are on probation, or in foster care. Many of these youth live with relatives other than father and mother and many have only one parent. The Santa Ana Boxing Club is one of 17 after-school clubs operated by OCYC. Most clubs are located in school settings, but this one is unique in that it located in an authentic boxing club within the local community. This Program Addresses the following Elements: Element Number 1: Tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies. We actively provide tutoring in all of our after-school clubs and, in particular, the Santa Ana Boxing Club. There is a physical area in the Club where students can utilize computers for homework. This area also serves as the tutoring area. We collaborate with Santa Ana College, Vanguard University, Biola University and other schools to place college students within the Club for tutoring. Here, they work one-on-one with youth identifying and addressing academic deficits where needed. All tutors are trained by Project Manager, Kate Medina. Kate has been the director of two different reading programs, Talking Pages and ABC Learn. For three years she had programs for these companies through the "No Child Left Behind Act". She personally has also tutored over 60 children. Kate understands that the basics of reading, writing and math need to be achieved before the child or young adult can go on to any type of further education. Each student receives apre-test to identify their current academic status and to identify areas that need improvement (reading skills, vocabulary, comprehension, basic math skills, etc.). The tutors establish an academic plan with the student to help them reach certain goals such as grades in individual classes; improving their overall GPA. They discuss steps to reach those goals and monitor progress toward that goal. A major incentive for youth to focus on homework and academics is that it is the key to boxing team membership. Boxing team membership serves as incentive to raise grades. In turn, the higher GPA becomes an intrinsic incentive. Our unique 3 Orange County Youth Commission Santa Ana, California approach to character development (see element # 6) provides the necessary tools to achieve and do well in both academic and career pursuits. And the teaching/mentoring from staff and business/community professionals give them insight and connecti©ns needed #o help them along their chosen path, We have nine years of experience with the boxing program and we are completing our second year as a WIA youth-serving agency meeting most of the performance goals. Students have raised their grades. Element Number 4: As appropriate paid and unpaid work experience, including intemships and job shadowing. With an emphasis on older age youth, the Orange County Youth Commission is adding a new employment mentoring component to move the young people into career exploration, job shadowing and on-site youth internships, along with successful life skills education and employment goal-setting with goal attainment activities. Individual mentors will come to the boxing club gym and share their professions, describing what they do at work, and how they prepared themselves for their positions. We will be seeking out mentors from a variety of employment situations. Monthly we will have the Student clients and other interested students, listen to different presentation given by the different mentors. An inventory of employment interests will also be given to WIA students. Students will then be assigned by the boxing club staff to one of the adult mentors with the goal of linking them to mentors who share the same interests and desired employment pathways. It is valuable for the client -Students to listen to a variety of different life stories, employment opportunities and challenges. Students will be asked to discuss life lessons with their mentors making the lessons interactive. The Clients will be asked to attend classes for 12 consecutive weeks. The lessons will be designed to be interactive as students will be asked to meet in small groups and discuss the lessons with their mentors. Topics of discussion will include anger management, financial responsibility, with such topics as saving, budgeting, banking, credit cards, planning for emergencies and retirement, family relationships, avoiding negative influences from drug abuse, alcoholism, gang involvement and premarital sex. Addi#ionally clients will learn how to seek help, engage in proper recreation, learn decision making skills and engage in goal setting activities. Students will set individual personal goals with their mentors, looking at immediate, intermediate and long term goals. Together the clients and the mentors will chart a plan to achieve their individual goals. Our adult mentors will hold these young people accountable to specific activities that will help them reach their immediate goals and move them towards their intermediate and long term vision. One follow up call will be made by the mentor a month after the goal setting and goal achieving activities are over. After that staff at the boxing club will continue with follow up monthly phone calls to check if they are on track with working toward their life goal, and achieving meaningful employment. 4 Orange County Youth Commission Santa Ana, California A celebration party to mark the 3 month achievement of completion of the 12 Life and Goals Setting lessons or materials will be provided and job internships. Students will receive certificates of completion and will be rewarded for perfect attendance and satisfactory attendance. At six months, a special Certificate and gift will be presented to the mentors marking their six month participation and an end of the employment mentoring process. Character development is a unique emphasis we have incorporated into our after-school programs. Our curriculum encourages responsibility and other positive social behaviors so youth can live out ethical lifestyles and succeed in their future goals including employment opportunities. Our goal is to provide these young people with the character education necessary to make personal, academic, career-goals and meet these goals successfully in the process of training them in the sport of boxing. This also aids in providing our youth the opportunity to develop positive social behaviors and life skills that will help them acquire and retain future employment. These character traits include: 1) Respect; 2) Responsibility; 3) Integrity; 4) Compassion; 5) Perseverance; 6) Initiative and 7) Forgiveness. All of these character traits are .necessary to pursue academic and career goals and be successful once goals are achieved. They also support conflict-resolution skills and give youth inner-strength to work through challenges in life. These character traits are those found in productive workers and citizens. They represent the type of character we appreciate in our government and business leaders. Element #7 Supportive Services: Helping the client- students to obtain books, supplies and clothing so that they can be successful is a major part of the work that we do. Food is also another important service that we will help to obtain for the client. There are a variety of sources for the clothing and food that they need to survive. We will make sure that the clients know about the different services that are available to them. Many of these young adults do not have parents that provide them with these bare necessities. Before the client can attend school they need the supplies that are required from the class. We will provide funds for the client to buy the materials required through our WIA grant and through private contributions. Planned Outcomes: Short-term outcomes include maintaining or increasing GPA, attendance, literacy and numeracy scores on the TABE from pre to post testing. Intermediate outcome measures include continued involvement with the after-school boxing club and/or peer mentoring, improvement in attitude. Long-term outcome includes earning high-school diploma, job placement and trade school or college entry and completion. Case notes in each individual's case file will serve to 5 Orange County Youth Commission Santa Ana, California evaluate their individual academic goal attainment and character development. We want to encourage and support students so they will stay in school and graduate, and to help them find the thing they love to do and pursue that through further trainina. Basic Program Approach/ Academic Assistance: Our basic program approach is to utilize the Boxing Club, which is in a community-based setting, as a means for academic assistance, tutoring, mentoring and college/career planning. The youth from the community are attracted to the prospect of joining the boxing team and attending programs in the facility, an authentic boxing club located in the heart of Santa Ana. In order to enjoy the opportunity of boxing, they must participate in the academic component of the program. Our basic approach is to offer 1 hour of intensive academic tutoring for those who need quiet time prior to boxing activity. We continue to offer tutoring for any WIA youth coming in during normal business or boxing instruction hours. We have a second location that is available to us that we can take the client-students to if they need more intense study time that is quieter. Academic tutoring is the precursor to the opportunity to join the boxing team, receive boxing instruction and have time in the ring. We have four computer stations available plus tutoring by college-level tutors. The tutoring time will be utilized to increase literacy and numeracy scores on the TABE. We also provide mentoring and leadership development to help foster character traits that will serve the youth well as they pursue employment. Membership on the boxing team has been an incentive to the youth to, at minimum, maintain a 2.0 GPA. However, we plan to capitalize on the galvanizing properties of the boxing activity by incorporating additions! incentives related to improvement in GPA. Youth who demonstrate improvement in GPA and other demonstrated academic measurement can earn additional time in the boxing ring. We anticipate that this will be a major incentive. Those youth who show academic improvement, who regularly complete homework, who have regular and on-time attendance at the club will be rewarded with additional time in the boxing ring, as well as be offered paid opportunities to work in the gym. Other incentives are the regular field trips to Magic Mountain, Big Bear, the beach or local museums as well as attending boxing tournaments. Collaborations: The Orange County Youth Commission collaborates with various entities including Santa Ana Unified School District and individual schools, Hispanic Chamber of Commerce, Teen Challenge, City of Santa Ana, Olive Crest, Victory Outreach, Juvenile Justice Department and other teen-serving agencies in our recruitment process. 6 Orange County Youth Commission Santa Ana, California We work with Santa Ana College, Vanguard University, and Biola University to recruit mentors and tutors for the program. OCYC Founder, Rosie Avila, is also a trustee of Biola University. Additionally, we have community and business support to enable us to help fund the program. In addition to the City of Santa Ana, Northgate Gonzalez Markets (a chain of small Hispanic supermarkets) is one of our major sponsors. Honda- Santa Ana is another major sponsor, and an anonymous famous sport figure also generously supports our boxing program. We also have AT&T and Baseline investments who contribute to our club program. Outreach and Recruitment The OCYC staff members are enthusiastic about and committed to the after- school programs, including the boxing club. We have staff members actively involved in networking with local schools, business, along with county and city government agencies. The OCYC mission and heart is to provide a future and hope to youth who have little future or hope. The hope begins at redirecting negative behaviors (e.g., poor academic performance, deviant/criminal behaviors, drug/alcohol use etc...) to positive behaviors (e.g., good academic performance, positive character development, and drug/alcohol abstinence etc...). As a result of these youth are equipped to meet standards for academic and career success. Anthony Serrano, Sport Club Director and Isabel Monje, After-School Club Director, contact and meet with junior and high school administrators for the purpose of introducing them to our 17 after-school clubs, which includes the Santa Ana Boxing Club. We provide printed materials about the club and this year will aim to develop a special brochure. We have received referrals from Santa Ana Unified School District school administrators/teachers, but we receive referrals from Olive Crest, Victory Outreach the Hispanic Chamber of Commerce and Teen Challenge as well as other youth servicing agencies in the Youth Council Network. Additionally, Dr. Don Verleur, founder of Olive Crest (treatment homes for foster- care youth), refers youth to our programs. We also work with Angel Tree (youth of incarcerated parents) with our summer camping program. Ralph Fuentez directs rehabilitation programs for Victory Outreach (gang involvement and drug abuse) and is an advocate for the Santa Ana Boxing Club. Anthony Serrano also is in regular communication with Laurie Muir of the Juvenile Justice Department. We have been featured in several feature articles in the Orange County Register and we have had several postings on U-Tube as well. The Boxing Club had a Street Boxing Event last October and is getting ready for our second Street Boxing Event this March. These events bring a lot of attention to the Santa Ana Boxing Club and have been great fundraisers. . 7 Orange County Youth Commission Santa Ana, California Staffing: We have planned for adequate staffing to implement program objectives and ensure that goals and activities are achieved. In 2007-08, the Club will be staffed as follows: • 0.375 FTE Project Manager • 1.0 FTE Sports Club Director • 0.25 FTE Case Manager • 0.25 FTE Tutor ~ 0.125 FTE Tutor Assistant 0.125 FTE Administrative Support • 0.125 FTE Employment Mentoring Program Administrator MAIN PURPOSE OF THE PROGRAM The goal of the Orange County Youth Commission is to develop after-school programs that effectively redirect at-risk inner city youth towards positive academic and career choices and career preparation. "At-risk" youth, as defined above, tend to display behaviors that catapult them into a life cycle of inadequate academic and/or job performance, that result in poverty and/or adult criminality. Our programs are designed to mitigate negative life choices and enhance positive life choices made by these at-risk youths. They are designed to provide options that incorporate academic strengthening with the potential for work preparation and experience. Academic support. The after-school boxing club program is designed to provide academic support, which is a precursor to job and career success, and incentives to Santa Ana inner city youth. Our after school boxing club is unique in that it serves as an incentive for Santa Ana inner city at-risk youth, to meet higher academic standards and it serves a tool to instruct these youth in necessary character development that will ensure academic and career success. This program will increase commitment to academic achievement, thus raise, maintain and exceed GPA of 2.0 and literacy and numeracy scores will increase. Most of our present boxing team members have raised their GPA from as low as 1.0 to 2.0 and higher. We have not only seen increase GPA level, but also discontinued gang activity, appropriate attitude change, improved attendance and initiative. Employment Mentoring Program A new mentoring program geared to assist the older aged WIA clients with employment preparation, job shadowing, employment on-site internships and 8 Orange County Youth Commission Santa Ana, California goal setting will be added. Anew employee, yet to be named will administrate the program, recruiting adult mentors to commit to sharing their career, taking students on job shadowing experiences, internship opportunities, discussing life skills with the teens, helping .them set personal goals and monitoring their progress towards meeting their short term employment goals. Should individual mentors not be in the position to provide the internship opportunity we will seek other employers to provide the internship experience. We provide stipends for the work experience or internship and or special services if books and other study materials are needed, uniforms or clothing, as well as bus passes, through the WIA Program. Project Manager: Kate Medina will over see the tutoring program and mentoring program. With the experience of owning and running a family business for 24 years, Kate has the ability to over see this program to make sure that the clients are getting the training, technical knowledge and proper skills that are needed to succeed in this program and in the world. Tutors will receive training from the Project Manager who will assist them in case management. And, the Project Manager will train the tutors in academic strategies and curriculum to reach academic gains and achievement goals. Kate Medina was the Director of two reading programs in Orange County, ABC Learn and Talking Pages for three years. Our educational strategy includes: pre-testing with TABE, assistance with homework, together identifying academic weaknesses, providing remediation activities and lessons addressing weaknesses, identifying and maximizing academic strengths, and helping them to recognize where they excel and how their strengths and the activities they enjoy can be applicable to specific careers or academic pursuits. Collaboratively with staff, clients will set individual academic goals dealing with basic skills attainment (numerology and literacy gains) and discuss intermediate goals such finishing high school and long-range vocational goals. Case management will provide documentation of the interventions and progress in attaining these goals. Apost-test will be given when a client exits the program. Periodic testing may be given after 6 months and 9 months of the program to assess progress and provide continuous improvement of the program design. Once the client exits the program, staff will continue to follow up with the clients for 12 months by phone calls, counseling and invitation to program activities. The Sports Club Director will continue to attend youth development training by attending seminars and workshops that are available in the community. Last year, he was enrolled in three workshops which included the topic of dealing with Adolescent Behavior Dysfunctions. Anthony Serrano is key to the success of this program. His ability to relate to the clients and to mentor the clients on a daily basis is unprecedented. He models an example of hard work and determination 9 Orange County Youth Commission Santa Ana, California that the clients desire to model. He grew up in Santa Ana and understands what many of these clients are facing in life. Mentoring. In conjunction with and additionally to the new mentoring program for WIA Clients, all boxers will continue to have regular presentations by community members. About once a week, a local business person, community worker or leader gives an hour of their time to speak to the youth about how they achieved their career or job goals. These individuals include entrepreneurs, craftsmen, police officers, firefighters, attorneys, judges, engineers, etc. During the past year, we have had guest speakers including men that own their own businesses, pastors of local churches and men speaking to the boys about abstinence. Chicanito Hernandez also spoke to the young people and told them about his life as a famous boxer. We ask them to share with the youth about how they first had the dream of becoming their chosen profession, then how they strategized to meet that goal, what community resources they tapped how they overcame barriers to reach that goal, what lessons they learned and what they would do differently if they could. We then ask these individuals to allow interested youth to contact them for advice as they pursue a particular job or career goal. Thus, the mentoring relationship is born. Those youth who have graduated from the program are welcome to return to listen to these presentations, as well, to gain additional motivation and insight. This is one avenue we intend to use to guide our youth to gain career awareness; make career decisions and plans; and understand market needs, trends and opportunities. We also incorporate a peer mentoring program where those who have completed the program can return to mentor younger, newer Club members. This has atwo- way positive effect. Character Building. Uniquely, we incorporate character development curriculum in all our tutoring and mentoring programs. Here the program focuses on seven character traits: 1) Respect; 2) Responsibility; 3) Integrity; 4) Compassion; 5) Perseverance; 6) Initiative and 7) Forgiveness. All of these character traits are necessary traits to prove successful in academic and career pursuits and accomplishments. We utilize the sport of boxing to instill these character qualities within the boxing club members. In turn, these character qualities ensure that our youth will become ethical and responsible employees after they graduate from high school, trade school and/or college. Work Experience. Currently, a regular boxing club member who is a paid employee. We plan to continue this practice of providing work experience to promising young men and women in our program. 10 Orange County Youth Commission Santa Ana, California Special Events. Youth will also benefit from special events provided by the Club and OCYC. These include participating in boxing tournaments, holiday events, movie outings, camping, family events and more. Hours of Operation. The Club is open from 3 p.m. to 7:30 p.m. five weekdays each week. Tutoring occurs from 3 p.m. to 7:30 p.m. Coaching and participating in boxing occurs from 4 to 7:30 p.m. The length of this program will continue beyond the 1-year grant agreement because it has become a core program component. Staff Interaction with Participants. Club staff has regular and close interaction with participants. Club staff provide tutoring and instruction on boxing, and can observe a great deal due to the manageable number of youth present at any one time in the program. GOALS/OBJECTIVES AND PERFORMANCE LEVELS Performance Success: The Orange County Youth Commission has served Santa Ana inner city youth since 1997. We have been extremely successful in redirecting youth who attend our after-school programs. In fact, we have requests from non-participating schools to open clubs on their campus, and have plans to do so. Many of our boxing club members have raised their GPA from as low as 1.0 to 2.0 and higher. A few have shown marked improvement as high as 3.5 and up. The reason for this kind of success is that the boxing club serves atwo-fold purpose. First the prospect of becoming a member of the boxing team, alone, serves as an incentive for the youth to meet required GPA. Second, the sport of boxing serves as a tool to teach necessary character qualities to meet academic and career goals and succeed in them once they are met. Therefore, it is a perfect venue for teaching necessary character traits to make and meet academic and career goals. Moreover, the incentive to become a "winning" boxing team member galvanizes them to meet the academic requirement to join the team. Short-term outcomes (i.e., maintain or increased TARE scores, documented positive character change): Projected percent of youth who achieve one or both objective = 75% We intend to give our youth a pre and post literacy/numeracy test. In order to ensure meeting literacy and numeracy standards set by WIA. Detailed case notes will provide evidence of positive character change. Intermediate outcome (i.e., continued program involvement and peer mentor involvement): Projected percent of youth who achieve one of combination of objectives = 70% 11 Orange County Youth Commission Santa Ana, California To ensure that our clients graduate from high school, get a job after high-school, or continue acollege-bound trajectory, we plan to continue to engage them to remain as members of our after-schoo! boxing club. Moreover, we plan to invite seasoned members to get involved by becoming peer mentors. Therefore continued involvement and peer mentoring will serve as intermediate outcome measures. Long-term outcomes (i.e., high school graduation, trade-school or college enrollment/completion, jobs in the fields of the clients interests): Projected percent of youth who achieve one or combination of objective = 75% The attention to literacy and numeracy competency, along with 2.0 GPA is for the purpose ensuring high school graduation and subsequent job placement and success, trade school enrollment or college bound trajectory. Thus, high school diploma, job placement and success, and trade school or college enrollment/completion will serve as long-term outcome measures. With our new employment mentoring component we will measure the success of our program, by the interest and attendance of the students, the effort they put into goal setting creating immediate, intermediate and long term goals and the steps that are taken to achieve their immediate goals. Incentives will be given to the youths to continue in the program. Youth receive a certificate of completion for participation. The boxing club has been an incentive to the youth to maintain 2.0 GPA in order to become a member of the boxing team. We do not turn any young person away. They are welcome to utilize our boxing facility and we encourage them to do so. However, once they begin to attend they quickly realize they must meet the 2.0 GPA criterion to become a member of the boxing team. This has proven successful, thus we plan to capitalize on the galvanizing properties of boxing team membership by instituting incentives for increases in GPA over 2.0. To support these goals, we offer one hour tutoring prior to boxing activity and we continue to serve WIA youths, providing tutoring and mentoring for those who come in later in the day. Completion of homework and receiving assistance from the tutor is a precursor to being able to participate in boxing activity. Youth who .demonstrate commitment to goats and improvement in grades and other measurements will be incentivized with a gift card, a Boxing Club sweatshirt, boxing gloves, wraps, and additional time in the boxing ring. Enriching activities such as trips to Big Bear, the beach or Magic Mountain and museums are also great incentives to stay in the program. Additionally, participation in community service projects provide leadership training, self-confidence and personal satisfaction in knowing you are doing something positive to serve the community. 12 Orange County Youth Commission Santa Ana, California Continuous Improvement: We intend to require that our boxing club members maintain a 2.0 GPA in order to attend boxing tournaments and to continue to attend after-school boxing activities. to order to ensure that these youth maintain appropriate GPA and increase in literacy and numeracy scores, we intend to offer one-hour tutoring service prior to boxing activity and continue to serve WIA youths who come later in the day. Staff will attend monthly meetings to make sure we are implementing the program correctly and quickly adjusting the program to new requirements or assessment data. Staff will meet regularly to evaluate program goal attainment, including recruitment and goal setting and achievement. We will keep in contact with WIA staff and be monitored by them during the program. Case managers will go through fifes regularly and students will be assessed prior to the program and during the program to ensure they are making progress as well as at the end of the program. PROGRAM DESCRIPTION Overall Services to the WIA participant • Academic tutoring • Access to computer and Internet for academic support • Group and individual mentoring • Peer mentoring • Presentations by guest speakers • Character education and leadership development • Skill development in boxing • Employment Adult Mentoring • Life Skills Program • Job shadowing and work internships • Participation in special events and boxing tournaments • Transportation to off-site events • Case management services • Vouchers and stipends for supportive needs • Participation in service projects • Referrals to other youth- serving agencies in and out of the Youth Council Network. We have numerous partnerships and collaborations such as with other service providers and with employers. Thus, we can make referrals to other agencies as needed, and our relationships with businesses can lead to employment for our youth. When Mel Trudel, owner of Custom Comfort mattresses came to speak at the Club, he met and hired one of the boxers. SA Police Sergeant Henry Esparza works out at the gym and is mentoring one of our youth. This youth also received the chance for job-shadowing at a drug counseling agency, and was subsequently hired there. 13 Orange County Youth Commission Santa Ana, California Case Management/Intake Assessment: We will be assigning this position to a New Employee the tutors will share intake assessment responsibilities. Our Case Manger will administer original TABE test. Our Case Manager will interview prospective youth to ensure that they meet all WIA requirements for program entry. Our case management supervisor will oversee a staff of tutors who provide distinctive case management activities. Tutors will observe and note their observations providing feedback to the Case Manager. Two tutors will be in charge of case notes collected during the tutoring process. Notes are maintained on academic progress or challenges, attitudes, behaviors, performance and any other pertinent issues disclosed by the youth or observed. They will meet with the Case Manager for one hour each week to share notes and develop intervention plans, if necessary. Throughout the course of the week, the case Manager has one-on-one and group contact with all the youth involved in the program. He will keep detailed record of attitudes, behaviors and performance on each youth involved in the program. Case management will provide documentation of the interventions and progress in attaining academic or performance goals. Apost-test will be given when a client exits the program. Periodic testing may be given after 6 months and 9 months of the program to assess progress and provide continuous improvement of the program design. Once the client exits the program, staff will continue to follow up with the clients for 12 months by phone calls, counseling and invitation to program activities. The Case Manager, on a regular basis, will review each case record and develop an individual case plan, accordingly. He will provide special counseling for special needs. If a particular problem arises that falls outside Anthony's ability to assess and intervene, he will refer to other appropriate counseling, academic/career or social service programs. Program Services/Parent and Employer lnvolvement~ After assessing the needs of the individual participant, youth are introduced to the various program opportunities at the Club. They are provided with an overview of our resources, procedures, goals and expectations. They are introduced to the staff, tutors and peers. They are presented with their Club sweat-shirt to create a sense of belonging. We stress that staff are here to assist them to reach their goals and are encouraged to communicate openly with staff so we can partner with them. 14 Orange County Youth Commission Santa.4na, California We have always encouraged parent involvement. We welcome them to observe the activities in the boxing club and to assist with our after-school programs. However, we are serving a community where mothers and fathers are both working two or three jobs. Consequently, many are not available to become involved other than to speak with the tutor/mentor or with the boxing coachlmentor. So, we have beginning and ending of school events and invite the parents to these events to get to know them and have open communication with them. Parents and family are always invited to the boxing tournaments. Anthony has successfully developed trust and communication with parents and family members. Many of the parents call him for counsel when they have a problem with their adolescent (e.g., drug/alcohol use, school involvement, social conflict). Anthony is a licensed Drug/Alcohol Counselor, so he has been able to successfully intervene to prevent these youth in continued substance abuse. Placement in Jobs or Continuing Education We actively refer working-age youth to local job opportunities and instruct them in applying for jobs, such as part-time employment to complement their schooling. One of our guest speakers, an owner of a mattress company, hired one of our participants, and another was hired at a counseling center after job-shadowing one of our staff. Currently, we have two prior or regular boxing club members who are paid employees. We plan to continue this practice of providing work experience to promising young men and women in our program. Follow-up and Retention As clients exit the program, we will follow-up to make sure they are progressing in their personal goals and working toward employment and career training. We currently have approximately 11 WIA exits, for which we are following up on a monthly basis. Some continue to attend the boxing club. We plan to call clients monthly after they exit to see how they are doing, provide on-going counseling and invite them to boxing club activities, including field trips and community project events. Hopefully, many of them will stay in the boxing program after they have completed their year with us. Clients who have exited the program will be invited to different inspirational events and activities as well as field trips and community service activities. During follow-up calls, staff will provide individual counseling to encourage youth to continue to seek a higher education. Mr. Serrano will use this time to assess whether the youth is experiencing obstacles to meeting life goals for higher education. He will then refer student to appropriate assistance (e.g., drug/alcohol 15 Orange County Youth Commission Santa Ana, California rehab, counseling, etc.). He will also refer to WIA youth-serving agencies for necessary counseling, if deemed appropriate. The boxing club program is a very popular program among our Santa Ana youth, thus they are willing to do what is needed to, not just attend the club, but also, become a member of the team. Our boxing team has won local and national tournaments and these youth want to join this winning team. Currently, we have five boxers who competed in the World Amateur Boxing Competition last spring. Consequently, they are willing to put in the required discipline in, not just boxing practice, but also, academic study to meet the present 2.0 GPA requirements to belong to the boxing team. FACILITIES Program activities will take place at the Santa Ana Boxing Club. Address of Boxing Club: 901 Fourth Street Santa Ana, CA 92701 Hours of Operation: Monday -Friday, 2 p.m. - 8 p.m. Trans ortation to the Facili Presently, all but one of the boxing club members, live in Santa Ana. Most of these live within walking distance. Those that live further than walking distance have easy access to bus transportation. It is our practice to provide bus passes to those in the WIA program. The cost of bus passes is an expense that is included in our fund request. Youth Friendly Facility: The uniqueness of boxing draws them to the club, The boxing gym facility is youth friendly and inviting; our tutoring, boxing exercise program, skill attainment and competition gives students goals to reach. And field trips and activities retain clients' interest, especially contact with caring mentors. Indeed, our boxing club is unique in providing a creative, youth-friendly and youth-welcoming environment that is exciting and interesting. The facility helps to create a warm, family atmosphere. Internet Access: Staff computer has Internet access. As well, the four student computers also have Internet access. ADA Requirements: 16 Orange County Youth Commission Santa Ana, California The Santa Ana Boxing Club has received funding through a private grant to update the facility restroom to make it wheelchair-accessible and fully ADA compliant. This restroom is now completed and ready to be used by all. 17 Orange County Youth Commission Santa Ana, California ABOUT YOUR ORGANIZATION DESCRIPTION OF THE PROPOSER The Orange County Youth Commission has been in existence since 1997 and has provided after-school programming to Santa Ana youth for 10 years. Our after-school programs have offered a future and a hope for at-risk inner city youth who live in an environment that offer little future or hope. School administrators and teachers have witnessed first- hand how we have taken their at-risk students and redirected them to make positive behavioral and academic choices. School administrators and teachers welcome us on their campus and appreciate the service we have provided for these past 10 years. We track our outcomes by way of case records and grades, along with administrator/teacher and parent reports. We have grown from one club serving 12 children to presently operating 17 clubs that have served over 600 children and teens in the past years. Children who were in our clubs in their Elementary School are now helping to open up new clubs in their Jr. High Schools. They also come back to their Elementary Schools to help out with their old clubs. We currently have four full-time employees. Our 2008 operating budget is $178,000. Our sources of revenue are corporate gifts, individual support, private foundation support, special events and government (including WIA and Community Development Block Grants). All the services or activities that happen with the Orange County Youth Commission are done for no charge to the youth that we serve. Our Boxing Club is the only Boxing Club in Orange County that does not charge dues or an admission fee. Administrative Staff Qualifications: The Orange County Youth Commission founded in 1997, by Rosemarie "Rosie" Avila, for the purpose of serving the needs of inner-city at-risk youth. Rosie was a board member for the Santa Ana Unified School District 16 yrs and is a Trustee of Biola University. She received a Master of Arts Degree from Biola University in the field of Organizational Leadership. She has an Elementary Teaching Credential and is a Certified Stanford Testing Administrator. 18 Orange County Youth Commission Santa Ana, California Staff Qualifications: Kate Medina our Executive Director has a bachelor degree from Stephens College in Columbia Missouri in Fashion Design and Retail. S.he was dice President of her family Corporation for 24 years and has owned her own business for the last 10 years. In 2005-07, Kate, worked with the Talking Page Literacy Organization and ABC Learn to coordinate a remedial program of 25 hours each to over 100 children, some of which were enrolled in OCYC after- school clubs. Kate has been leading an After School Club from the OCYC for the last 3 years and has been mentoring girls for the last 5 years. Anthony Serrano, Sports Club/Program Director, has a certificate in drug/alcohol counseling and has worked as a drug/alcohol counselor for over 8 years. He is also an accomplished boxing coach, having trained our young boxers to win local and national championships. He is enthusiastic about our programs and thus effective in sharing this enthusiasm with Santa Ana school administrators, thus getting referrals to the boxing. He is a Certified Boxing Trainer by USA Boxing. EXPERIENCE: During the last two years, OCYC has operated these programs: 1. M.A.D. Clubs (Making A Difference Clubs) We currently operate 17 after-school clubs, located at elementary and intermediate public school sites. Programs include mentoring, homework assistance, structure sports (team and individual sports such as soccer, basketball, karate, and wrestling are offered) and character education (The character education lessons teach eight character trains which include: respect, responsibility, integrity, initiative, compassion, and cooperation as well as other qualities that will help the children live out ethical lifestyles and become good employees. We use stories from historical heroes to bring home the lessons.) MAD Clubs are located at the school sites. This provides a safe after-school option for children, and the comfort to parents knowing their child dues not have to leave the school premises. 2. Santa Ana Boxing Club 3. Skateboard Club 4. Wrestling Clubs 5. Special Events and Activities • Club Kick-Off Event • Family Success Day • Summer Camping • Toys for Tots 19 Orange County Youth Commission Santa Ana, California • COmmUnlty SeNICe Projects such as visiting senior residence homes, collecting pennies for Leukemia Foundation (Boxing Club had a Tsunami Victims Project to collect shoes and jacket, and graffiti removal projects) • Field trips such as fishing trips, or swim parties, BBQ Picnics, Movie Outing • (The teen boxing program has gone to Big Bear, Magic Mountain and local Museums) Staff Development As an organization, OCYC conducts ongoing improvement as demonstrated by staff attendance at youth development conferences and workshops. These seminars focus on various aspects of youth development and provide professional development for program personnel. We implement best practices gleaned from these sessions within our programs. Positions Dedicated to this Proposal 0.5 FTE Project Manager 1.0 FTE Sports Club Director 0.375 FTE Case Manager 0.375 FTE Tutor -Regular 0.175 FTE Administrative Assistant 0.5 FTE Employment Mentoring Program Administrator FISCAL OPERATIONS Processing Fiscal Data One copy of every incoming and outgoing-checks are made. We identify every donation and grant check according to program placement in Quick Books and in our Bank Register in the Check Book. So, if grant is specifically designated to Boxing Club the deposit of this check amount is tagged to go to boxing club. For, disbursement of grants funds we keep specific record of how the funds are disbursed. So, for example: a check for ateacher/mentor wages would be tagged as going to teacheNmentor wages. 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Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights 4 II. III. IV. V. VI. 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints 6 General Procedures for Handling Non-Criminal Violations of the Act Procedures for Handling Complaints at the LWIA Level Procedures for Handling Complaints at the State Level Procedures for Handling Discrimination Complaints by Participants_ Procedures for Handling Handicap Complaints by Participants 6 8 12 15 17 GLOSSARY OF WIA TERMS 20 z Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (V1/IA), 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. 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 4 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, 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; 8 e. Remedy sought by the complainant; and 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 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 a quasi judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/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 ii 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. iz 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). is 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 W!A programs operated by LWIAs Unsatisfactory Decision or LWIA Decision not issued within 60 days 0 w 0 0 ~ ~ Request for State Review w 0 0 Q Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL c c C c t 16 Informal Resolution Process 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 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 ~ 0 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 1 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 Zo 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. 21 Exhibit D CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1 } No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee: df a Member of Congress in connection with the awarding of any Federal contracts, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2} If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, ".Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more that $100,000 for each such failure. Grantee/Contractor Organization Program Title ~.e ~~ i Name of ertif g fficial Sig ~J re El~hibit D Certification Reeardinrz Debarment, Suspension. Inelieibility and Voluntary Exclusion 1 nwer'~ier 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. Grantee/Con ~ actor Organi i n Name a d Title Official Au h rued to Certify On Beh If of the Grantee ~3 G Date Exh~_bit 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 maybe 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; f. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 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) Nar4e of Gunn f~e~ i nq Name and Title of Authorized Representative r 0 ~~., .~~~ Signature _~ 'v~e ~ire~-or, ~ - g~o Date Exhibit F BUDGET FORM Administrative Program Total WIA Match/In Kind '' No more than 10% allowed. Personnel Salaries* 1.Project Manager 18,720 2. Sports Club Director 21,000 21,000 21,000 (.5 FTE) 20 hrs/week 3.Case Manager $17 x 15 hrs/ week 13,260 13,260 4. Tutor - Volunteer 13.260 5. Administrative Assistant 3,600 3,600 6.. Mentoring Program Volunteer 18,000 Benefits* 1. Medical and Vision 2,376 2,376 benefits ($198 per month) 2. Workman's Comp and Liability Insurances 1,500 1,500 600 Total Personnel 3,600 38,136 41,736 71,580 Operating Expenses Rent or user fee* 18,000 12,000 In Kind Gym 500 X 12 = 6,000 Utilities 500 500 700 Phones Internet fees 750 Parking fees Security Maintenance Insurance Car and Liability 33% 3.436 Equipment rental fees* Vehicle lease* 1,380 Office expenses 3,600 Accounting Services Legal services [Type text] Auditing services Indirect costs* Staff training Staff travel/mileage 900 Participant Wages* Support services* 252 252 200 Participant Incentives* Other (list)* Total Operating Expenses 752 752 28,966 GRAND TOTAL (Total Personnel+Total Operating Expenses) ~kC.. o..J.. r_ 3,600 38,888 42,488 100,546 _ ~~~. va. a.bca ~ v~n~ nIJ LI YI.IIVII~ OCYC Santa Ana Boxing Club 2009-2010 Budget Narrative SALARIES: PROJECT MANAGER: Kate Gunn Medina Will work as a volunteer SPORTS CLUB DIRECTOR Anthony Serrano Anthony, as Mentor/Coach will spend about 20 hours a week working with WIA youth. As mentor, Anthony, will assist the youth to acquire necessary character traits that will help them excel in school by using the sport of boxing. He will counsel and direct youth to make and achieve short and long term academic and job/career goals. As coach, Anthony will provide youth with boxing skills to cause them to know the experience of winning a losing graciously, taking advantage of opportunities, avoiding negatives and keeping fit. We are asking WIA for half of Anthony's salary because we have other grantors supplementing his salary. 12 months of effort: 20hrs x 52 weeks =$21,000 ($42,000 annual salary) @ .50 FTE x $42,000 = $21,000 CASE MANAGER: Anthony Serrano Case Manager will spend 15 hours managing case files and reports. Case Manager will coordinate services and information to prepare participants for post secondary educational opportunities, provide linkages between academic and occupational learning, and/or preparation for unsubsidized employment/training opportunities. 12 months of effort: $17.00 hr. x 15 hrs.x 52 weeks= $13,260. .30572 FTE x $42,000 annual salary =$13,260 ADMINISTRATIVE ASSITANT: John Ramirez Office Administrative Assistant to answer phones, keep financial files, write checks, prepare documents for grant reports, provide administrative support for club events. 12 month of effort: $10.00 x 30 hours per month =$3,600.00 BENEFITS: MEDICAL This includes health insurance benefits for Anthony Serrano. The insurance cost differs among employees dependent on age of employee. This is broken down according to percent of time each person is giving to the WIA project Anthony Serrano $198.00 per month x 12 = $ 2,376.00 WORKMAN' S COMPENSATION INSURANCE We are requesting $1,500 annually toward our workman's comp insurance. Currently we are paying $2,600 annually. SUPPORT SERVICES: Supportive services will be provided $252.00. Due to limited funds, transportation needs will receive priority. See Support Services Policy for details of additional needs if funds become available. 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. ~'1,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. ~~~f~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: cords accurately reflect actual performance. aintain record confidentiality, as required. .Reporting financial, participant, and performance data, as required. s~ ompfy with State and Federal fiscal and program activity audits. omplying with Federal and State non-discrimination provisions. 7~,eeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990. (submit attachment F) fl~.Dtleeting all applicable labor law, including Child Labor Law standards. x! gree to provide a drug free workplace. -s~G~gree 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. ree to insure proposer's employees through Workers Compensation Insurance including part-time employees) ~'ocurement policies and procedures are in place and meet federal guidelines. We will not: 7~~Place a youth in a position that will displace a current employee. y~~lJse WIA money to assist, promote, or deter union organizing. ~ se funds to employ or train of persons in sectarian activities. se funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. se WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. 'lJSe WIA funds to carry out programs funded under the School-to-Work Opportunities Act of ~199~4 unless the program(s) are only for youth eligible to participate under WIA. 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Lim4~ - SaD,D40 'g Acci@c~ret taedics~. Sxc~esm 2D 31E A08IG 20/2R/300© 10/a0fT009 kfAX t#ccidtes~t kscd Sit ~ X25, 004 p~g~~ ~Sa,©d0 Co~rerega Aaciden~~L 17maeh 525 004 9~ ~C+~7L94B".i81 FS,I&'8#31M39P~6$1'T l ~90Ik.6B9®$4 16t Carti2laata hal¢3er pi Additiatae3 %nauraQ ~®me attgchsd pa2ioy farms PI-NP-443}~sr sts~ b8 - F,anding SouLee adc9ea bl~zskQt Additional %astase~F. Saeifl~tforLal Inaura@ lgndorgosa~yat - ~sksibit ~ AtCdAahQd ®tYOfiG~ ~AN~G ~eauLE+abYaa~x~ne~ar~8eee.®wama~s~c Cd~YT'f Dg't~'bLQPi~f~1r7T Al3~CiC bi-35 ®e.'FS . Tt1t teu: ~, eeteo CI'1`X 4S' EFeL~TA 1i?1A 7mT1~ 7'q Ti9F 7IIn6Q~ YRM~'f~ C~ i9l~, 8.0. AQX ISQB BAD'"X1l ADYA, C~ 92702-24~ e- A~f2Ml0 ~~ {~1l08! 6'~:-C~ CAT![' 4B+B8 fieXfiii~i~' f~ A~fgBTi~NAL tM$i~~~~ f~i!~fB®FtStE~ ~ trsauraer~ Com~+ny PhiEadalohia ! (I{}i ~an~ranc~ C~~nv _ gf~ia and nt modffles aue~h fnaunar~ to eda-d f~~ the pro~riaiona ~ fsoff~y i~carnf~r PP~PiC3~~ raiattng to the foffow'sng: ~. ~ha City of Santa Anr~, 20 CfvfC Certtec Pfsra~, t~ant® Ana, Catfforv~fa927'~2; ~ oEiscera, ern{sfoyeas sgenba a~ dofunteera ar0 named as add~ot~i insures ("attditfonaf fnaueada'~ with roi~erxt to fiSbflity and cfaf8n~ of< suite ertafrsg firm tf~ oro~ and sasos, partorrneai by or on bmhat{` of the nam~# Insured. 2, i~ittte respect to claims arising out of P.ha o~ration6 and uses perfcart~esi ESQ ®e on fff` ceP the named tnaured, a~uCh inat~ranoe as i~ at~rrrd+~cf izy this gt~ii~ is prfrt~ary and fa not additiDnsi tb or eonMbuting with any other In:uranoe carried by or fc~ tip f~nefiit ~ the addttiortat in6t~reds -EXCEPT iii Ti~iE GAEE ELF 1'F~E Ci~'~°f~ ~f~~~~ -~EGf;nE~Ei~Cfb 63ifi ~Vtff~UL 1fi61C1~tdf~UCT. 3. 'f'hf~ {natrr'anes appties a8paratef~ to earl's fnatued agalnet ~ho[rk efair€~ is rnada €ar wait "ts fsros~ht exaopt ~xith respect to the oornpan~s ifEntta o4 iiabiltty. Th® fnoluafon of ang moots or organization as an irtsaut~ed sshs~ti nett atiFeeE any right whie;h atach pat'san or organization +-~-outd have ss a ciairnant ~' not so inciud~. ~. V4fiitt r+aspeet to th® additional insureds, ttsfs fr~suraneas ahratf not fee ~etcoeted, oe ttt~satfeif~ s~edsaoed in ooverarge or timits3 ®ac~I~t r thirty (} d®ya wri4ten nt~tit~ n given to the City t~ Santa ,~na, 2tf Civic Center Plus, Sam l~n~, Cralff®rt~ea 9~7fa~. (Catrtpfetion oi: the fc~ffo-~stng, inefuding oountarstgngture, fs rssis~d tes maw this end®rs~rrserst a~~ti~.~ EtTee~ivm 9t'i~~A~ , tP~is~ et~ioraarrtent ffesrs~ ~~ a art eri Policy f~Fif~tC35~6 iasssaad to t.?rrarxxe ~un4v ~,g~cornmffon i4iarrteci Inaurec# Coue~stersigns~ ~Y ~t ~ ~~ ~' ,~®~1~ AutEror~d ~eps~mntestiore ~~ , ~~" ~' i ` ~~SP ~ G~ty Ss`S~a~ P Sf fha hider to en 14~~t76f]'A~AE. il+I~l~~, 4i~ po94ry{f~,ey rowst Cie e+~l~ad. Pt atmbansemt an ~!e its des nai ester rigttfs ~ ttte {~idmr kro lE~aa a4' eu~s ertgrsrae~srr3(a}. tt ~i3ROr3plTt0(~ f$ W,4iVEt1. ~rtrf 4a t®r~ ~nt5 tacsstdtt~r~ €sE the $ta!le~r, Gc~c~let poli~a ~'i' rt9qulra an sceetor~ntta~tt. R ai~rssent Barr t~ia tasrtl4fc~ ncgE ~tfar ~~ ~ 6~1e haid0r !n !!tom taf' ®u!~ 4nd~er~~tt(e). ~e$GirAtFiYiE~ T3tf CerHtbtiEs 4f Inw~ot$ ~ 4tb® rR~css side cf Wbet 4~xrrt dose nit r~nafat ~ e~tlrae~ bat~ert t#se: teuuing i~uror(s~. ~uihasizh m~~ cu ~+adt~rmr, ena site iti~er, nesr ~ ~ enl4rena}hre~ly or ttt3apEiv~t~{ aune-tsd, tox3stsd Or ~r cesrr zx4{btd~ !ag £Rse ~Fl~E~ !P dssrasrn. ~ AcoR~,~ CERTIFICATE OF LIABILITY INSURANCE anrE (r+twoD PRODUCER 9/29/20 ri) GLOBAL pROGRAM MANAGERS & INSURANCe sBRVZCBS, INC. ONLYCANDIFCONFER3SNOERIOH7 UPON THE ICERT F CATS pOST OFFICE BOX 7119 HOLDHR. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CAPISTRANO BEACH, CA 92614-7119 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (949) 218-0840 CA License # OC64508 INSUR>:D INSURERS AFFORpfNT3 COVERAGE NAIC;'~ ORANGE COUNTY YOUTH COMldTSSION IkSVRERA: P}lILADSLPHIA INDSMNITy 18058 IksURERB: LIFE INSURANCE COIdPANY OF N.A. 65498 1850 B. 17TH STREBT, SUITZ{ 220 FNSURERC; SANTA AN~1, CA 92705 INSURER D: - THE POL[CIES OF INSURANCE LiS€EO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEO. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND1T10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. ARGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. R 41LY ~.--__...__.. A X X COAf),4ERCIALGENER A LL UU1~fTY EACH OCCURRENCE 3 1, 000, OOO f ~ 1 cLA1MS MAOE ~1 OCCUR E E S 300 000 p}}pK 476 363 10/20/2009 10/20/2020 MEO EJ(P An ons rsan S , 5, 000 PERSOkaLaAavw.luRV ; 1, pOD, 000 GEN'LApOREG,ATELIMRAPPUE$pER: GENERALAGGAEOATE S 2,000,000 X POLICY PRO' LOC PRODUCTS-COMPlOPAGG S 2, 0 00, Q00 AUTOMOBILE LU>,b1LfTY _ ^_ ANYAUiO COl B IN SINGCELBNIT ALLOWNEOAUTOS ,~~,yRR ~ ( a ~I = ) SCHEDULED AUTOS ~ T(IQ Yr it BObILYIkJURY ~`- kIRE0AUT03 fiS iy {Par parson) S NONgWNEOAUTOS ,~+I ~~g v~ Lti i~ G (-,i 800ILY1NJURY (Per acddant) S C R c ~o `' 0J tt~ ~~ j D AMP.cE 5 (e°A o a ~ OAf1A0ELIABILnY ~ ) s a nl ANY AUTO A~5` a~~ AUTO ONLY-EA ACCIDENT S T~``'"'' OTHER THAN ~A~ S EXCfSSlU1,IBRELlALUBIUTY AUTO ONLY: AGG S OCCUR ~ CWMSLiAOE EACH OCCURRENCE S DEWCTIBLE WORKERS CWdPENSATON AND EMPLOYERS' LIABILITY AkY PROPRIETORlPARTNER/E%EC UPVE OFfICERlMEMBERE%CLUDEO) OTHER E.L. DISEASE -POLICY CIAIIT j B Accident Medical Excess AD&D AGCS Limit - $500,000 Coverage BA8040001 10/20/2009 10/20/2010 NAX Accident Ided Bxp - $25,000 AD&D - $SD,D00 ESCRip7lONOFOPERATiOkSlLOCATIONS7VEHICLESIEXCLU610NBADDEDBYENDORSEMENilSPECUILPROYISIOHS Accidental Death - $15,000 Ceztificate holder as Additional Insured (see attached added blanket Additional Insured. Policy form PI-NP-OD3)par item 6! - Funding source IN THB BVENT OF NON-PAYMENT OF PREMIUM, ONLY TEN (1D) pAYS NOTICE S9ILL BE GIVEN. CITY OP SANTA ANA COIdMUNITY DfiVSLOPtdBNT AGENCY Al-25 P.O. BOX 1968 SANTA ANA, CA 92702-1988 26 SHOULD ANYOF THE ABOYfi DESCRIBED POLICIES BE CANCELLED BEFORE THE F%PIRATION DATE 7HBREOF, 711E fSSUiNO INSURER YYILL Bfm}f118I071}[l! MIUL NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, •~~- DAYS WRITTEN -~xr~axx4ascxcnx ~mL~xacm+=nxrrsclcet~or~c~c m#ldAsYVwverrer G,4.areflabd~oS IMPORTANT If the certificate holder is an ADD1TiONAL INSURED, the pollcy(fes} must be endorsed. A statement on this certificate does not confer rights to the cert(ficata holder in lieu of such endorsement(s). If SUBROGATION 18 WAIVED, subject to the terms and conditions of the pofJcy, certain poNcias may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). DISCLAIMER The CertiRgte of Insurance on the reverse side of this form does not constitute a contract between tho Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively ar negatively amend, extend or alter the coverage afforded by the policies listed thereon, 26 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company PhBadelnhia Indemnify Insurance Contnanv This endorsement modifies such insurance as is afforded by the provisions of Policy Number PHPK476363 relating to the following: 1. The City of Santa Ana, 2Q Civic Center Plaza, Santa Ana, California92702; its officers, employees agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respec# #o 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 - EXCEpT IN THE CASE OF THE CITY'S GROSS NEGLIGENCE OR WILLFUL. MISCONDUCT. 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 liabiliiy. The inclusion of any person or organization as an Insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this Insurance sha11 not be canceled, or materially reduced in coverage or 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. IN THE EVENT OF NON-PAYMENT OF PREMltJM, ONLY TEN (10) DAYS NOTICE WILL BE GIVEN. (Completion of the following, incfud(ng countersignature, is required to make this endorsement effective.) Effective I 0/2p09 ,this endorsement form as a part of Policy# PHPK476363 Issued to Named Insured Countersigned by_f ._- ~ ~C~ L~c~~i f/so8- Authorized Representative Qg1~ ~~ ~~ 'g ~a~~'~ ~ ~~ 5~O ~oCney ~~SP ~'c~~y ~` Ss~g~a~ ' A ~~ PI-NP-003 (9/03) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ !T CAREFULLY GENERAL LIABILITY DELUXE ENDORSEMENT It is understood and agreed that the following extensions only apply to the event that no other specific coverage for the indicated loss exposures are provided under this policy. If such specific coverage applies, the terms, conditions and timlts of that coverage are the sole and exclusive coverage applicable under this policy. Throug t dorsement the words you' and'yo~referto the Named Insured shown in the Declare Thew •, " ui" t C in ur This a erne ties i u i un f win COMMER L GE L LIAR CO G The following is a summary of the Limits of insurance and additional coverage provided by this endorsement. 1=or complete details on specific coverages, consult the policy contract wording. A. Medical Payments - Limit increased to $i5, 000; B. Supplementary payments -Ball bonds increased to $2, 600/Loss of earnings Increased b $500 each day; C. Tenants Legal Liability - for Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers - Limlt increased to $300,000; D. Broadened Definition of Who is An Insured; E. Amended Duties In The Event Of Occur-~ence, Claim Or Suit ; F. Broadened detnition of Advertising Injury -includes Televised Or Videotaped Publication; G. Amended defrnltlon of Bodily Injury to include Mental Anguish; H. Broadened definition of Personal Injury -Includes Abuse of Process/tlisoriminadon,• L Amended Unintentional Failure To Dlsctose NazaMs; J. Amended Liberalization Clause K. Added Employee /ndemnUlcatlan Defense Coverage - We will pay up to $25,000 In defense costs for an employee'!n a criminal proceeding (subject to established criterlaJ ; L. `Property Damage° -Removed exclusion for'Property damage° resulting from the use of reasonable force to protect persons or property; M. Added blanket Additional Insured -Funding Source; N, Added blanket Additional Insured -Managers or Lessors of Promises; O. Non-owned Watercraft -coverage length Is Increased to 58 ft.; InGudes Page T of 5 copyright maler(al of the insurance 3eMces OHtce, Inc. used with fls permlas(on. PI-NP-443 (9/03) A. Medical Payments If Medical Payments Coverage (Coverage C.) is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to ail the terms of Limits Of Insurance (Section Ill) to the greater of: a. $15,000; or b. The Medical Expense Limit shown in the Deciaratians of this Coverage part. 2. The requirement in the Insuring Agreement of Coverage C,, that expenses must be incurred and reported to us within `one year' of the accident date is changed to `three years." 3. Exciusion a, of Coverage C. at your option, does not apply to your volunteer workers or any person or organization under your direct supervision and control. B. Supplementary Payments In the Supplementary Payments -Coverages A. and B. provision: 1, The limit for the cast of bail bonds is changed from $260 to $2,640; and 2. The limit for loss of earnings is changed from $260 a day to $500 a day. C. Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers tf damage by fire to premises rented to you is not othetwlse excluded from this Coverage Part, the word ` frre` (s changed to 'fire, lightning, explosion, smoke, or leakage from automatic fire protective systems` where it appears in: 1. The Llmfts Of Insurance section of the Declarations as the Fire Damage Limit. That limit: a. Is changed subject to all the terms of Limit Of Insurance (Section iII) to the greater of: (1.) $300,400; or (2.) The amount shown in the declarations as the Fire Damage Limit. b. Subject to a. above is the most we will pay to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. 2, The last paragraph of Coverage A. (Section I) after the Exclusions; 3, Paragraph 6. of Limits of insurance (Section Ili); 4. Paragraph b,(1)(b) of the Other Insurance Condition (Section IV); and 5. Paragraph a. of the detinitlon of `insured contract D. Who is An insured Who is An Insured (Section I!) is changed as follows: 1. If coverage for newly acquired or formed organizations Is not otherwise excluded from this Coverage Part. paragraph 4,a Is changed to read: a. Coverage under Phis provision is afforded until the end of the pailcy period. 2. Each of the following Is also an insured: a. At the first Named Insured's option, your volunteer workers; and b. Your medical directors and administrators, but only white acting within the scope of and during the course of theft duties as such. Such duties do not include the famishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient, c. At the first Named Insured's option, any person or organization under your direct supervision and control wh11e providing for you private home respite or foster home care for the developmentally disabled: However, the Insurance afforded by b, above is excess aver any other insurance covering any person or organization under your direct control ar supervision. d. if you are an organization other than a partnership or Joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. e. Any organization and subsidiary thereof which you control and act[veiy manage on the effective date of tills Coverage Part. However, the insurance afforded by e. above, for any organization and subsidiary thereaf not named In the Decla-attons as a Named insured, does not apply to injury or damage wHh respect to which an insured under this Coverage Part is also an insured under another policy, or would be an insured under such poticy but for its termination or the exhaustion of its I[mits of insurance. Includes Page 2 of 6 copyright material or the Insurance Services O/llce, Inc. used xdih its pemtlsslon. Pt-NP-043 (9/03) E. Duties in The Event Of Occurrence, Ctatm Or Suit 1. The requirement in condition 2.a. (Conditions, Section fV) that you must see to it that we are notified as soon as practicable of an "occurrence' or an offense, applies only when the 'occurrence' or offense is known to: {a) You, if you are an Individual; {b) A partner, !f you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation. 2. The requirement In condition Z.b, that you must see to it that we receive notice of a claim or'suit' as soon as practicable wlil not be cons(dered breached unless the breach occurs after such claim or "suit' is known to: (a) You, if you are an individual; (b) A partner, if you are a partnership: or (c) An executive officer or insurance manager, If you are a corporation. F. Advertising Injury - Televised Or Videotaped Publication 1. The definition of'Personal and advertising Injury' items 14. (d),(e),(f) and (g) is changed to read: 'Personal and Advertising injuryr' means injury arising out of one or more of the following offenses: d. Oral, written, televised or videotaped publication of material that slanders or libels a person or organ(zation or disparages a person`s or organization's goods, products or services; e. Oral, written, televised or videotaped publication of material that violates a person's right of privacy; f. Missappropriatlon of advertising ideas or style of doing business; or g. infringement of copyright, title or slogan. 2. Exclusions a.(Z) and a.(3) of Coverage B., Persona! And Advertising Injury Liability, are changed to read: a. {Z) Arising out of oral, written, televised or videotaped publication of material, if done by or at the direction of the insured with knowledge of its falsity; a. (3) Arising out of oral. written, televised or videotaped publication of material whose first publication took place before the beginning of the policy period. G. Bodily injury -Mental Anguish The definition of 'bodily injurer' Is changed to read: 'Bodily Injury`: a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time. H. Personal Injury » Abuse Of Process/DiscHminatlon If Personal and Advertising Injury l,fabllity Coverage (Coverages.} is not otherwise excluded from this Coverage Para: 1. The definition of "Personal and advertising injury' is changed by: a. Revising Item b, of that definition to read: Malicious prosecution or abuse of process: b. Adding the following: 'Persona! Injury' also means discrimination based on race, color, reUgion, sex, age or national origin, except when: (1) Done Intentionally by or at the direction of, or with the knowledge or consent of: (a} Any insured; or (b} Any executive officer, director, stockholder, partner or member of the insured; or (Z) Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured: or tndudea co page 3 of t3 pytlght material of Ule Insurance Servloas Otfice, inc. used with Its permission. PI-NP-pp3 {9/p3) (3) Directly or indirectly related to the sale, rental, lease or sub-lease or prospective sales, rental, lease orsub-lease of any room, dwelling or promises by or at the direction of any insured; or (4) Insurance for such discrimination is prohibited by or held in violation of law, public policy, The insuran a affo ded by H.1,b.taibo a doesinot apply toifin s or dlscriminatton, penalties imposed because of i. Unlntentlonel Failure To Disclose Hazards it is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shalt not deny coverage under this Coverage Part because of such failure, J. Liberalization !f we revise this endorsement to provide more coverage without addilional premium charge, we will automaticaify provide the additional coverage to elf endorsement holders as of the day the revision is effective in your state. K. Employee Indemniflcatlon Defense Coverage Under SUPPLEMENTARY PAYMENTS - COVERAGES A ANI) B the following is added: 3• We will pay on your behalf defense costs incurred by an `employee' in a criminal proceeding. However, you must have a prior written agreement wlth such 'employee' whereby you agree to indemnify the "employee' for such defense costs and tits agreement includes a provision for repayment of defense costs in the event of an adverse judgement. The most we wpl pay for any "employee" who is alleged to be dlrectiy involved in a criminal proceeding fs ~26,t}t)0 regardless of the number of employees, claims or "suits" brought or persons or organizations making claims or bringing "suits." L, Extended "Property Damage" SECTION I - COVERAOES~ COVERAGE A, 2. Exclusions a. is deleted and replaced by the following; a. Expected or Intended injury 'Bodily Injury' or'Properfy Damage' expected ar intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury` or `property damage' resulting from fire use of reasonable force to protect persons or property, M. Additional insured. Funding Source Under SECTION Il -WHO iS AN INSURED the following is addded: 5. Any person or organization with respect to their liability arising out of a. Their financial control of you; or b. Premises they own, maintain or control while you lease ar occupy these premises. This insurance does not apply to structural alterations, new construction and demolitian operations performed by or for that person or organization. N. Addttlonal Insured- Managers or Lessors of Premtaea Under SECTION II -WHO 18 AN INSURED the following is added: 6. Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises teased to you subject to the following additional exclusions: This insurance does not apply to: a. Any occurrence' which takes place after you cease to be a tenant in that premises. b. Stntctural alterations, new construction or demolition operations pertomted by or on behalf of #hat parson or organization. O. Non-owned Watercraft SECTION 1- COVERAGES, 2.Excluslons, paragraph g. (2) is amended to read as follows: (2) A watercraft you do not awn that Is: rndudes Page 4 of 5 coPYrlBht material or the insurance SerWCas Office, Inc, used with Its permtsalon, Pi-NP-OI?3 (9/03) (a) Less than 68 feet long; and (b) Not being used to carry persons or property for a charge; Thls provtslon applies to any person, who w(th your consent, either uses or is responsible for the use of a watercraR. Thls Insurance Is excess over any other valid and collectible insurance avaitabfe to the Insured whether primary, excess or contingent. Includes w Page 5 Of 5 pyrlyht materla! of the Msurance Senrfces Offtce, Inc, used vy(fh ns pe~sslon. ' .4 .OAD~, ~ CE~2TIFICATE OF LIABILITY INSURANCE PRObUCER DATi(NMlpp/Yyyy! (949) 218-0840 THIS CERTIFICATE IS ISSUED AS A MATTER OF 1NFORNI T100N alobsl PrograrE Manag®ra & Ins . Srvas , , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Post O££iae Sox 7119 HOLDER. THIS rFRrIRInwTe ,,,..... . __ ____ ..w ~a~ian0 deacn CA 92624-7119 INSUREb INSURERS AFFORDING COVERAGE INSURER A: PHILADELPHIA IND NAIC !E Orange County Youth Commission ENMITY 18058 Post O££ice Box 1593 INSURER B: TWIN CITY FIRE (HARTFORD}_ -28459 •-. aco0y- :OVERAGES INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE PEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N0TIMTHSTANDINO AN4 REQUIREMENT, TERM OR CONptT10N OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 7HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONpITIONS pF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. BR AOp'L I TYPEOFINBURANCE POLICYFFFECTIVE POLICY EXPIRATION POLICYNUMgiR OATS MN/OpIyY DATE MMJbpAry GENERAL LIABILITY L1MIT8 COI,{MERCIAL GENERAL LIABRITV / / / / EACH OCCURRENCE _ CLAIAISMADE a OCCUR P EuISEb Ea~jTED~ ' / / / / MED EXP pig ~ercL AGGREGATE LIMIT POLICY £CT A auroMOwLE Lualur ANY AUTO AIL OWNED AUTOS X SCHEDULED AUTOS X NIREDAUTOS X NON•01ANE0 AUTOS GARAGE uaeairr ANY AUTO EXCESSRINSRELLA LIABILITY OCCUR ~ CLALNS ttADE DEDUCTIBLE RETENTION S 8 WORKER8COMPEHBAT{ONAND EMPLOYERS' LIAafUTY ANY PROpRIETORIPARTNE WEXECUTRIE OFFICEWMEMBER EXCLUDED) H Yoe, doacrbe fxidor SPECIAL PROVISIONS bs1oN OTHER PNPX 476 363 ACa ~ 4~~E~ I s' L~SPn ~G~ y 72fdECL98453 tell 1 / / PERSONAL d AD INJURY S / / GENERAL AGGREGATE ~ / / / / PROD C7 MP/Op A S / / / / COMBINED SINGLE L1MI7 (Ee a«Jdmt) s 3 r ODD, 000 10/20/2009 20/20/2010 R~ L~ BoDILYtNJUItY (Perpprlany i ~ I I ~~ ~ BOp1LY fNJURY ~ ~ (Per aecidenq e 'M / / PROPERTYDAAL4GE (Per aaioanl) E e t~nrn / /7 AUTO ONLY • EA ACCIDENT / / OTHER THAN EA ACC 0 AUTO ONLY: / / / / AGG i eeru ......~...__..__ / / / / ~ a 20/20/2009 10/20/2010 X To ~ "~~~" GR- / / E.L EACH ACCIOEN7 S 1 r D00 r 000 / / E.L DISEASE • EA EMPLOYEE 3 1 , COQ r DOO E.L DISEASE . PoucY ut.IrT s 1, 000 , 000 I / / / DESCRIPTION OFOPFRATONSILOCATlON8fVEHfCLESIEXCLU810N8 ADDED qY iNDORSEMEN7fSPECIAL PROVISIONB IN THE EVENT OF NON•-PAYMENT OF PREMIUM, ONLY TEN 10 D ~ ) AY3 NOTICC WILL 8£ GIVEN, ( } - ( } CITY OF BANTA ANA CAA-~6 1000 E. SANTA ANA BLVD,, #200 SANTA ANA CA 92701 :ORD 23 (2001108} n INS0251ofoe).o1 _ SHOULD AMY OF THE ABOVE DESCRIBED POLICI68 BE CANCELLED BEFORE YHE EXPIRATION OATS THEREOF, 7HE ISSUING INSURER WILL ENDEAVOR TO NAIL O3O DAYS WRITTEN NOTICE TO THE CERTIFlCATi HOLDER NAMED To TH@ LEFT, BUT FAILURE TO DO 80 SHALL IMP08E NO OBLIOATiON OR LWBILITY OF ANY KIND UPON THE INSURER tTB AGENTS OR REPRESENTATIYEB. RUTH IZED EPRESEHTATNB '^ ~ NG ~oGt X08 ELECTRONIC LASER FORAIS, INC. - (BOp~p7.Cg45 ~ ACORD CORPORATION 1488 Pepe 1 of Z IMPORTANT If the certifcate holder is an ADDITIONAL INSURED, the policy(fes) must be endorsed. A statement on this certlilcate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does nol confer rights to the certificate holder In Ileu of such endorsement(s). DISCLAIMER The Certifrcate 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 26 (2001/08) ~,~ INS026 ~oroep.ot Pegs 2 of Z