HomeMy WebLinkAbout25K - YOUTH PROGRAM OPERATOR AGMT 10/11 REQUEST FOR 1:_
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
JULY 6, 2010
TITLE: APPROVED
? As Recommended
YOUTH PROGRAM OPERATOR AGREEMENTS ? As Amended
PROGRAM YEAR 2010-11 ? Ordinance on 1S` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CIT MANAGER
RECOMMENDED ACTION
1. Authorize the City Manager and Clerk of the Council to execute agreements with the following
Youth Program Operators for Program Year 2010-11 for a total of $1,080,025 for the period of
July 1, 2010 through June 30, 2011, subject to non-substantive changes approved by the City
Manager and City Attorney:
a. Orange County Conservation Corps to provide tutoring, alternate secondary school
services, work experience, occupational skills training, leadership development,
supportive services, mentoring, job preparation, and placement assistance for twenty-
three Out-of-School Youth in the amount of $285,124;
b. Orange County Youth Commission to provide tutoring, work experience, mentoring,
supportive services, and job preparation for ten In-School Youth and ten Out-of-School
Youth in the amount of $141,828;
c. Taller San Jose to provide work experience, occupational skills training, supportive
services, counseling, job preparation, and placement to twenty Out-of-School Youth in
the amount of $168,759;
d. Orange County Children's Therapeutic Arts Center to provide tutoring, work experience,
occupational skills training, leadership development, supportive services, mentoring,
counseling, and job preparation for twenty-three Out-of-School Youth in the amount of
$180,000;
e. Orangewood Children's Foundation to provide tutoring, mentoring, and job preparation
for twenty Out-of-School Youth and four In-School Youth in the amount of $130,814;
f. Santa Ana Unified School District/ROP to provide mentoring, work experience, and job
preparation for thirty-five In-School Youth in the amount of $173,500; and
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Youth Program Operator Agreements PY 10-11
July 6, 2010
Page 2
2. Authorize the City Manager and Clerk of the Council to execute the Memorandum of
Understanding with the Santa Ana W/O/R/K Center for the Youth Service Provider Navigator
service to June 30, 2011, and increase the funding by $328,495.
WORKFORCE INVESTMENT BOARD/EXECUTIVE COMMITTEE ACTION
At its Special Meeting on June 29, 2010, by a vote of 7:0 (de Leon and Korthuis absent;) the
Workforce Investment Board/Executive Committee:
1. Recommended that the City Council authorize the City Manager and Clerk of the Council to
execute agreements with the following Youth Program Operators for Program Year 2010-11
for a total of $1,080,025 for the period of July 1, 2010 through June 30, 2011, subject to non-
substantive changes approved by the City Manager and City Attorney:
Youth Program Operators
1 Orange County Conservation Corps $ 285,124
2. Orange County Youth Commission $ 141,828
3. Taller San Jose $ 168,759
4. Orange County Children's Therapeutic Arts Center $ 180,000
5. Orangewood Children's Foundation $ 130,814
6. Santa Ana Unified School District/ROP $ 173,500
2. Recommended that the City Council approve and authorize the City Manager and Clerk of the
Council to execute the Memorandum of Understanding with the Santa Ana W/O/R/K Center
for the Youth Service Provider Navigator service to June 30, 2011, and increase the funding
by $328,495.
DISCUSSION
Under the Workforce Investment Act (WIA), the Santa Ana Workforce Investment Board (WIB) and
its Youth Council are required to make funding recommendations each program year utilizing WIA
youth funds in order to provide WIA services to local qualified at-risk youth.
A Request for Proposals (RFP) seeking providers for youth services was released on February 16,
2010, and nine responses were received for the 2010-11 program year. On April 6, 2010, the RFP
Review Team met to review the proposals and make funding recommendations (Exhibit 1). These
funding recommendations have taken into account the WIA requirement to ensure that at least
thirty percent of the youth funds are spent on out-of-school youth and to serve the neediest youth
as outlined by the Department of Labor's "New Strategic Vision for the Delivery of Youth Services
under the Workforce Investment Act." Additionally, these recommendations are the first step
needed to ensure that at least eighty percent of the funds are obligated each year, as required by
the Act.
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Youth Program Operator Agreements PY 10-11
July 6, 2010
Page 3
On June 1, 2009, the City Council approved an extension of the term of the Memorandum of
Understanding (MOU) with the Santa Ana WORK Center/Youth Service Program Navigator
through June 30, 2010. The Youth Service Navigator assumes the responsibility of determining
Workforce Investment Act (WIA) youth eligibility for WIA funded programs and services, provides
technical assistance to youth service providers, shares best practice in case management,
placement, exit, and follow-up services. In addition, the Youth Service Navigator ensures the
completion and accuracy of all required forms and documentation, works cooperatively with all
youth service providers from the initial outreach, recruitment, and intake process to the successful
completion, exiting, and follow-up of all WIA youth enrolled in the Youth Service Provider Network
(YSPN). The Service Navigator Program Plan and budget for Program Year 2010-11 is attached
(Exhibit 2).
FISCAL IMPACT
Funds are available in the 2009-10 and 2010-11 budget of the Workforce Investment Act account
(no. 12318750-69135 for Youth Program Operators and 12318755-various for Youth Service
Navigator).
APPROVED AS TO FUNDS AND ACCOUNTS:
'C (~C~MC~ 1 . - ~..a~
~~l,.Cynthia J. Ison Francisco Gutierrez
Deputy Cit anager for Development Executive Director
Services Finance & Management Services Agency
Community Development Agency
CJN/LAS/DS/mlr
Exhibits: 1. Rating Summary Sheet
2. Youth Service Navigator Plan
3. Agreement
4. Memorandum of Understanding
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PROPOSAL FUNDING RECOMMENDATIONS
WIA YOUTH FUNDS FOR PY 2010-2011
YOUTH TO FUNDING
PROGRAM RANKING FUNDS RE VESTED SERVE RECOMMENDED
Orange County
Conservation Cor s 1 $ 285,124 23 $ 285,124
Orange County Youth
Commission 2 $ 141,828 20 $ 141,828
Taller San Jose 3 $ 168,759 20 $ 168,759
Orange County Children's
Thera eutic Arts Center 4 $ 180,000 23 $ 180,000
Orangewood Children's
Foundation 5 $ 130,814 24 $ 130,814
$ 173,500
Enrollment guidelines:
20% Youth with
Santa Ana Unified School Disabilities
District 6 $ 173,500 35 10% Foster Youth
Bridge pulled out of
The Bride 7 RFP rocess
Career Beginnings Mentor Funding not
Pro ram 8 Recommended
The Academy of Social Funding not
Entrepreneurship 9 Recommended
TOTAL FUNDING
RECOMMENDED $ 1,080,025
EXHIBIT 1
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The City of Santa Ana
W/O/R/K Center
M
Service Navigator Plan
Program Year 2010-2011
EXHIBIT 2
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TABLE OF CONTENTS
Executive Summary 3
Outreach & Recruitment 5
Training and Technical Assistance 5
Eligibility Determination 6
Completing JTA & MIS Forms 7
Job Development & Placement 9
Performance Management 9
Customer Satisfaction. 10
Fiscal Oversight 11
Fiscal Capacity 12
Organizational Strengths and Staff Capacity.. 13
Eligibility Flow Chart (Attachment A) 16
Staff Responsibilities (Attachment B) 18
Budget (Attachment C) 22
Budget Narrative (Attachment D). 23 i
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EXECUTIVE SUMMARY
The concept of the "Daisy Wheel" service delivery was adopted in 2002 by the Santa Ana Youth
Council to provide an "All Youth One System", where resources would be leveraged from a
network of Youth Service Providers now known as the Youth Service Provider Network
(YSPN). The concept allowed youth regardless of eligibility to receive services from the various
Service Providers and the Santa Ana W/O/R/K Center (SAWC). The Workforce Investment Act
(WIA) requires that ten program elements be delivered in a developmental approach to allow
youth to receive resources that will help them overcome barriers to education and employment.
The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting
youth served with WIA funds.
The YSPN was formulated with this principle in mind so that no one Service Provider would
have to provide all ten elements, allow more youth to be served by the Service Providers through
other non-WIA funding streams, and to streamline services provided to youth which used to be
fragmented prior to the development of the YSPN. The YSPN consists of Service Providers that
collectively offer the ten WIA program elements in a creative and interactive manner. The
concept, as required by the YSPN, allows the Service Provider to focus on what service they
specialize in and do best. This, however, is not possible without the role of the Service
Navigator. The role of the Service Navigator is critical to promote broad-based coordination and
cooperation among all youth Service Providers and to provide the technical assistance needed to
make the network a success.
Funded through the Santa Ana Workforce Investment Board (WIB)-Youth Council and acting as
the Youth Service Navigator, the City of Santa Ana W/O/R/K Center (SAWC) assumes the
primary responsibility of determining youth eligibility, providing technical assistance, training
new providers, sharing best practice in case management, providing Labor Market Information,
overseeing the placement, exit, and follow-up services for youth, as well as being an active
member on the Youth Council Board. In addition, the SAWC ensures the completion and
accuracy of all required forms and documentation. As the Service Navigator, the SAWC will
work cooperatively with all Service Providers from the initial outreach, recruitment and intake
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process to the successful completion, exiting, and follow-up of all WIA youth enrolled in the
YSPN.
As the Service Navigator, the SAWC brings to the YSPN over 16 years of extensive experience
administering a variety of Federal and State funded programs. Staff is well versed in both
programmatic and fiscal requirements. As an on-going effort, the SAWC has made it a priority to
keep staff updated and trained on all State and Federal workforce legislation pertinent to various
targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping
the Network meet the required performance measures through consistent oversight and guidance
in intake, eligibility, case management, exit, and follow-up. Moreover, through its partnership
with local businesses and organizations, the SAWC has a comprehensive realm of services and
resource available to the YSPN and the youth they enroll.
The SAWC will maintain communication with the youth Service Providers during the life of the
contract by coordinating monthly meetings with all Service Providers for program, legislation,
MIS/JTA paperwork updates, and to address any questions or concerns they may have.
Individual meetings with Service Providers will also be arranged to assist and address individual
issues or questions. The SAWC will assist with the marketing, recruitment, outreach, and
placement efforts of the YSPN. Ultimately the SAWC's goal is to provide the assistance and
tools necessary to allow the Service Providers to focus on providing streamlined services to the
youth of Santa Ana. A more detailed description on how the SAWC will function as the Service
Navigator is explained below:
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OUTREACH AND RECRUITMENT
Since the development of the YSPN, the SAWC has made it a priority to inform the public of the
services and programs available through the YSPN. Through its partnerships and collaboration
with community agencies, the SAWC has been engaged in planning and participating in
community events, job fairs, resource fairs and conducting presentations to connect youth with
the YSPN programs.
Some of the major events in which the SAWC participates include the Annual Summer Youth
Job Fair hosted by Employment Development Department (EDD), Senior Transitions Day hosted
by the Santa Ana Unified School District (SAUSD), and the World of Work Career Fair
sponsored by the Orange County Department of Education. Utilizing the relationships we have
established with the SAUSD, EDD, Orange County Probation, and the Orange County
Department of Education the SAWC has been able to deepen its outreach effort to a much
broader base of youth, parents, and educators in the community. The SAWC recognizes the
importance of marketing the entire YSPN and its comprehensive service programs. Every effort
is made to ensure that staff markets the network at all job fairs, youth oriented recruitment and
outreach events, thus, benefitting all Service Providers.
The SAWC has been able to leverage resources through the City of Santa Ana's Economic
Development Department for marketing materials and to work collaboratively with the Business
Outreach Team to promote services offered by the YSPN and SAWC.
TRAINING & TECHNICAL ASSISTANCE
For more than 10 years, the SAWC staff has successfully administered and implemented many
federally and state funded employment and training programs. As an on-going effort, the SAWC
has made it a priority to keep staff updated and trained on all State and Federal workforce
legislation pertinent to various targeted programs. Over the years, staff has kept abreast with the
latest workforce trends and legislative changes to ensure compliance with state and federal
regulations. Staff has developed comprehensive training manuals, policies, procedures and
conducted regular training for all Service Providers using a customer friendly and easily
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understood format. Since the inception of the Daisy Wheel YSPN in 2002, staff has also
translated various complex system measurements and mandatory reporting requirements into an
easily understood format for the YSPN Service Providers. As the Service Navigator, the SAWC
has organized and developed the following training for all Service Providers in order to stay
current and be in compliance with our state and federal regulations:
• What is WIA? • Performance Measures
• Enrollment Strategies • New Enrollment Intake
• Case Management Strategies • Case Notes
• Co-Enrollments • Exit Strategies
• Credential Information • Follow-up training
• Fiscal Invoicing • Disability Awareness
• Fiscal Responsibility • Data Validation
• Common Measures
For the past eight years, the SAWC, as the Service Navigator, has met with the YSPN on a
monthly basis to provide monthly reports and the status of their case loads. At the monthly
YSPN meetings, the SAWC reports on enrollments, activities, co-enrollment, exits, and follow-
ups. As needed, the SAWC also conducts in-service training for the Service Providers and alerts
them of any changes to paperwork as well as modifications to process and procedures. One of
the goals has been to provide the YSPN with all the tools necessary to allow them to focus on
providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service
Providers for individualized training and technical assistance. At times, when Service Providers
have experienced staff turnover, the SAWC staff readily provided needed transitional and
customized training to ensure continuity and consistency of service delivery. Examples of
training include eligibility requirements, intake process, activity setting, case management
techniques, performance management, internal Provider policies & definitions, exit strategies
and follow-up techniques. The trainings were tailored to meet the specific needs of each Service
Provider.
ELIGIBILITY DETERMINATION
The SAWC as the Service Navigator will assume the primary responsibility of determining WIA
youth eligibility in accordance with Federal, State, and local rules and regulations. We will train
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Service Providers on the eligibility process, provide eligibility forms, calculate participant family
income, determine participant eligibility, review and analyze participant activities, and process
eligibility JTA/MIS forms.
The SAWC has a designated Eligibility Technician with the experience and knowledge to
determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted
pre-applications, determine eligibility, verifying right to work documents, reviewing or
registering young male adults to selective service, and determining income eligibility in
accordance with the Poverty Guidelines. The Technician will also ensure that proper
documentation for Equal Opportunity Grievance Procedure and Participant Grievance Procedure
are recorded for each participant. Moreover, the Eligibility Technician will review participant
activities to ensure that Performance Measures can be attained, record the participants'
information in a database in order to produce reports necessary to keep Service Providers
informed, and forward accurate JTA forms to MIS personnel.
Recommendations, suggestions or corrections are given to each Service Provider for each
participant enrolled as needed to ensure that the eligibility requirements have been met and that
enrollment goals for each program and the YSPN as a whole are reached. An Eligibility Flow
Chart is attached (see attachment A) to provide a better understanding of how eligibility is
processed.
COMPLETING JTA &MIS FORMS
The SAWC will ensure that JTA/MIS forms are completed accurately and submitted within the
allotted timeframe. We will review all JTA/MIS forms to ensure accuracies and compliance with
Federal, State, and Local guidelines. All Service Providers will be provided with computerized
JTA/MIS forms, training on completion of JTA/MIS forms, and aJTA/MIS Time Line Policy.
SAWC staff will be available to answer questions and provide technical assistance to all Service
Provider regarding any forms.
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JTA/MIS forms are processed in a chronological order by the Service Provider and the SAWC.
Once the application, activity form, and youth test score forms are submitted to the SAWC, it is
the responsibility of the Service Navigator to ensure that all information is accurate and the
activities match the youth's needs. In addition, the SAWC ensures the documented youth test
scores are accurate and that all forms have appropriate signatures. It is very important to track
key information from each form in order to produce reports for Service Providers, track
performance outcomes, and have the information readily available to provide guidance to the
Service Provider on how to proceed with their participants at any given period. The SAWC has
developed its own tracking database tailored to provide the above capabilities while giving itself
the flexibility and information to provide the YSPN with specialized technical assistance.
In addition to the tracking system, a reference file has been created for each youth enrolled in the
YSPN in order to track JTA/MIS forms and ensure accuracy of information. The SAWC will
make copies of the completed JTA/MIS forms and forward them to the MIS Unit for entry into
the State data system for official enrollment. Copies of the JTA/MIS forms with an official stamp
will be returned to the corresponding Service Provider.
As youth activities are closed, the Service Provider is to submit JTA/MIS forms along with data
verification, if necessary. The SAWC will ensure their accuracy, input the data into the tracking
system, duplicate the forms, and submit the forms to the MIS Unit for official recording.
Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the
best exit strategy. The objective is to make sure that the youth has received quality and necessary
assistance to improve their situation and meet WIA Performance Measures. As the Service
Navigator, the SAWC is responsible for reviewing every exit form, requesting data verification if
necessary, obtaining post-test score forms, making sure that all activities are closed, and ensuring
that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole.
Once that has been established, all exit forms and pertinent information are inputted into the
tracking system and copies are made and sent to the MIS unit for entry into the JTA system.
Follow-up services will be conducted for one year for each exited participant by the responsible
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Service Provider. Follow-Up forms will be submitted to the SAWC for review, for input into the
tracking system, for data verification, and to enter into the JTA system.
JOB DEVELOPMENT & PLACEMENT
The SAWC has a comprehensive realm of services available through its partnership with local
businesses and organizations. The SAWC is an integral part of the City's Economic
Development Department that is comprised of workforce development, Enterprise Zone
Programs. The Enterprise Zone programs are designed to promote business growth and job
generation by offering state and federal tax credits and highly valuable economic incentives to
businesses. Many of our Santa Ana residents including youth qualify for these tax credits, thus
providing significant bottom line savings for Santa Ana businesses. It is through all these
various links that the SAWC is able to provide the community with quality job placement
assistance and offer connections to a strong labor market. The SAWC will offer assistance and
guidance in job placement by notifying Service Providers and youth of job opportunities,
employer on-site hiring recruitments, and job fairs. SAWC will notify Service Providers daily of
new job openings via electronic mail and flyers regarding job announcements.
For the past two years, the SAWC has been an integrated one-stop service system and has
merged their resources and staffing with our various partners including EDD. This integrated
approach allows more individual assistance for our older youth to find employment. Workshops
on resume writing and interviewing techniques are just a few of the added components to help
them find employment. The SAWC also offers "ProveIt", a computerized assessment tool that
provides clients with the opportunity to assess their skills and knowledge in over 100 skills and
career interest.
PERFORMANCE MANAGEMENT
The SAWC, through its extensive experience in administering Federal and State funded
programs, understands that WIA performance management is vital to the success of the YSPN.
As of July 1, 2007 the Department of Labor (DOL), Employment and Training Administration
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(ETA) approved the Common Performance Measures. As the Service Navigator, the SAWC
prepared for these changes and had staff attend common measure trainings through DOL and at
the annual California Workforce Association Conferences. This is just one example of our
commitment to helping the YSPN stay in compliance and up-to-date with new regulations so the
YSPN can succeed in meeting all Federal, State, and locally mandated performance measures.
The SAWC also provided training on Common Measures to allow all Service Providers to have a
basic understanding of what Common Measures are and how they will affect them.
The SAWC will provide all Service Providers with individual exit oversight. Staff will meet
individually with each Service Provider to go over exit strategies for each youth actively enrolled
on their case load and evaluate which youth are ready to exit the program and how their exit will
impact the overall success of the YSPN. The SAWC will train all Service Providers on how to
exit and follow-up on their youth in order to comply with federal, state, and local regulations.
We will use our data base to provide reports to the Service Providers and inform them of follow-
up due dates for each participant at their 30, 60, 152 2"d 3`d and 4th quarter follow-up. The
Service Provider will also receive updated charts and data informing them of their progress with
WIA Performance Measures-individually and as a Network. This will ensure that as a network
we stay informed of our planned versus actual goal attainments and that we meet all performance
measurements.
CUSTOMER SATISFACTION
Measuring customer satisfaction has always been an integral part of the YSPN program
operation. Currently, the SAWC is responsible for monitoring and supporting continuous
improvement work teams as well as monitoring and increasing customer satisfaction for the
entire SAWC. A customer satisfaction survey tool for clients and employers has been developed
for those serviced by the SAWC. The SAWC will assist in tailoring a survey for participants
under the YSPN. All Service Providers will administer surveys during the life of the program as
youth are exited from the program. In addition, all customer satisfaction outcomes will be
reported to the Youth Council. The SAWC will create and implement a continuous
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improvement plan based on the results of the customer satisfaction survey. We are committed to
providing exceptional customer services and will strive for continuous improvement utilizing
data collected and by sharing this valuable information with all youth Service Providers.
FISCAL OVERSIGHT
The SAWC is responsible for processing the Service Providers invoices and reimbursement
requests. It is the responsibility of the SAWC to ensure that all Service Providers understand
that the utilization of WIA funds is to be reasonable, allowable and allocable as required by
Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD
Directives and City of Santa Ana policies. The Fiscal Specialist provides a mandatory annual
training to all Service Providers fiscal staff regarding the necessary requirements for invoicing
their program expenses.
The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all
programs funded by WIA. Onsite monitoring must occur at least once during the program year,
must review fiscal records as well as policies and procedures, and provide a written report
delineating findings, any needed corrective actions, a timeline for accomplishing the corrective
actions and include any follow-up on corrective actions. The SAWC Fiscal Specialist establishes
a monitoring schedule for visiting each program operator in the YSPN. During the review,
financial records are sampled to ensure accuracy and compliance with federal, state and local
regulations. Technical assistance is offered when necessary to establish and maintain accurate
accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to
resolve any issues that arise from the monitoring. Written reports are issued indicating findings
and weaknesses. Staff follows up with the program operators to resolve findings and maintain
financial records as required by regulations.
FISCAL CAPACITY
- The SAWC is a part of the City of Santa Ana. All fiscal and rocurement o erations follow the
p p
policies and procedures of the City. As a part of the City's accounting system, the SAWC has
various account numbers assigned that relate to specific funding sources. Revenues and
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expenditures are coded with account numbers relating to those funding sources. Monthly
financial statements are produced based on charges to those accounts. The monthly reports
indicate the line item budget amounts, expenditures against the budget and the balance remaining
for each account and funding program.
Accounts Payable
YSPN service provider invoices with accompanying documentation are received and reviewed
by the Fiscal Specialist for allowable and reasonable expenditures and for completeness of
documentation. Any discrepancies are reported back to the Service Provider with requests for
additional documentation as needed. The invoices are assigned account numbers and approved
for payment. Community Development Agency Administrative staff prepare the request for
payment, attach the necessary documentation and forward to the Finance Accounts Payable unit
for entry into the City's accounting system. Checks are issued according to City policies and
timelines. See Attachment C -Invoice Process
~ )
General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed
by the Fiscal Specialist who assigns the relevant account code based on the chart of account
established by the City. The invoices are approved and forwarded for processing and payment.
At the end of the month, expense reports are prepared by account and distributed to the various
agencies within the City.
P
As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed
by all staff indicating functions and programs that have been worked on during that particular
pay period. That information, with the accompanying account numbers, is entered into the
payroll system by the Payroll Specialist. Payroll dollar amounts are posted to the accounting
system and are reflected on the monthly financial reports.
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Procurement
The SAWC follows the City of Santa Ana's procurement policies as well as federal and state
regulations related to procurement. Purchase requisitions for items over $500 are entered into
the accounting system and approved by the finance staff at City Hall. Buyers from the
Purchasing Department review the requisitions and issue purchase orders following City policies
and procedures. When the goods are received by SAWC, staff compares the goods delivered to
the purchase requisition for completeness and accuracy. The purchase order paperwork is
approved, signed and returned to the Purchasing department. Payment for the goods is initiated
through the Purchasing department following City procedures.
ORGANIZATAIONAL STRENGTHS AND STAFF CAPACITY
The SAWC brings over 15 years of experience operating various federally, state and locally
funded employment and training programs, and has consistently met or exceeded performance
expectations. Listed below are some of our organizational strengths.
1. A state recognized, award-winning entity with a proven record in leadership, workforce
innovation, service integration and quality services.
2. A One-Stop Center with versatility in its service delivery that is capable of addressing the
needs of diverse target populations resulting in the diversification of multiple funding
streams.
3. Ability to effectively leverage resources across an extensive network of partner agencies
and community organization. Demonstrated fiscal stability and program sustainability over
the past 20 years.
4. Exceptional track record in successfully implementing the following programs: WIA
Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency
Grants, Governor's 15% discretionary Grants, 25% Grants, DOL Welfare-to-Work Grant,
DOL Faith-based Initiative Grant, The Santa Ana Federal Empowerment Corporation
funded -Housing and Urban Development Grant -FEZ Daisy Wheel Employment and
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training Program, DOL -Youth Earmark Grant, the Department of Justice -Weed and
Seed Program, American Recovery and Reinvestment Act programs for youth and adults.
5. Staff is well versed and current in all workforce legislations. Through membership in State
and national workforce associations, staff has the ability to access timely workforce
resources as well as any pending legislative changes and to share the information with
network service providers.
6. Has a fully developed internal monitoring and performance management system in place.
Comprehensive and time-tested policies and procedures manuals are updated regularly.
STAFF CAPACITIES:
Economic Development Manager: Has over 20 years of experience in government and
overseeing various federally, state and locally funded workforce and economic development
programs. Manages the various funding streams and operations of the Santa Ana WORK Center.
Serves as the Executive Director to the Santa Ana Workforce Investment Board.
Workforce Specialist III: Has a Bachelor's degree in Sociology from UC Irvine, and over 11
years of experience working in the City of Santa Ana with a special focus on serving the youth
population. Manages and oversees Youth Service Provider Network. Extensive experience in
managing performance based programs with diverse populations. Developed and fostered
collaborative relationships with youth service providers and community based organizations. Has
served as an active member of the Santa Ana Youth Council Board since 2001. Is a recipient of
the California Workforce Association "Overall Outstanding Workforce Professional" 2008.
Workforce Specialist II: Has a Bachelor's degree from Cal State University, Long Beach and
five years of experience working with customers in the workforce development field. Specializes
in community outreach, marketing, eligibility determination, assessment, case management
techniques, internal program monitoring, data management, job development and job placement.
Workforce Specialist II: Has experience with workforce services, case management, job
placement. Knowledgeable with Workforce Investment Act eligibility determination and MIS
documents. This maybe filled with current SAWC Workforce Specialist II personnel as needed.
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Fiscal Specialist: Has a Bachelor s degree in Business Administration -Finance from Arizona
State University. Over 32 years of accounting and budgeting experience, of which 25 years were
in budget oversight for various divisions within the City of Santa Ana. 16 years in contract
writing, oversight and monitoring for the DOL Employment and Training Administration funded
workforce programs. Thoroughly familiar with government accounting and legislative
requirements.
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Eligibility Flow Chart
• • • • •
Trainingone(igibility protocolis provided byYouth Service Navigator
Youth Service Navigatorsupplies and maintains eligibility forms for all Providers
Providers interview participants and havethem fill put the eligibility in-take packets
• ' ~ ~ • • ~
Providers wbmiteNgi4~iity packets to the Youth Service Navigator for eligibility review
• .
Review In-Lake packets RQStdent and Calculate Income uetermine SecondR3arrier Assign tligibiaty uate
14-21 years old
, a
Ensure that ttte youth activities match tt?eir needs
Review offtdal app5cation and activities forms to prevent inacarraaes. Ir>put information on tracking system
• • • f
Youth Service Haviaator approves and sffins youth documentation and submites to Mt5 data curter
(i
Mf5 personnel inputs cfient informuion into JTA system, stamps forms, and returns copies to SAWC
~ t
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i
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Attachment A
25K-20
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25K-24
Youth Navigator Budget
Fiscal Year 2010-11
Salaries $222,285.00
Benefits $60,045.00
Total Personnel Costs: $282,330.00
Operations:
Communications $2,670.00
Training & Travel $2,310.00
Office Rent $18,205.00
Office Supplies $1,375.00
Office Operations $6,090.00
Total Operations Costs: $30,650.00
Indirect Costs $14,515.00
Supportive Services $1,000.00
Total Youth Navigator Budget: $328,495.00
Attachment C
25K-25
YOUTH SERVICE NAVIGATOR
BUDGET 2010-2011
NARRATIVE
Salaries
Salaries of $222,285 for Fiscal Year 2010-2011 are based on staffing of 3.17 FTE. The salary
figure also includes the 8% PERS employee portion paid by the City of Santa Ana as a retirement
benefit.
Staff includes:
• Workforce Specialist III 1.00 FTE
• Workforce Specialist II 2.00 FTE
• Sr. Office Assistant 0.15 FTE
• Economic Development Manager 0.02 FTE
Benefits
Benefits of $60,045 are based on the following information:
• PERS contribution of 8.4% of base salary
• Medicare contribution of 1.45% of base salary
• Medical retirement contribution of 1.75% of base salary
• Workers compensation contribution of 1.04% of base salary
• Health benefits increased approximately 6% from 09-10 to 10-11
Operations:
Contractual services are office overhead costs, which include but are not limited to telephone
costs, office rent, training and conference costs, advertising, contractual obligations, and office
supplies totaling $24,560.
Fixed charges, which include City Equipment Rental, Insurance, IS Strategic Plan and IT
Support, are assessed by the City of Santa Ana and the Community Development Agency.
Charges are allocated based on staff costs and usage, and are anticipated at $6,090.
Indirect Costs
Indirect costs are 6.53% of the full time salaries and are budgeted at $14,515 for fiscal year 2010-
2011.
Miscellaneous
Supportive services are budgeted at $1,000 for the Service Navigator. Service providers budget
supportive services for their participants in their individual budgets.
Attachment D
25K-26
i
Contract No.
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this by and between '
the City of Santa Ana, a chartez• city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California {"CITY") and
{"CONTRACTOR")• j
W-I-T-N-E-S-S-)C-T-H
I
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under
the Workforce Investmen 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 entzy 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 entzy into the labor
market ("said program").
E. CONTRACTOR is willing to operate said progz•am 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:
I
EXHtB1T 3
Page l of I S
25K-27
T.
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 he 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 fiznded by this Agreement ("participants"} in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law lOS-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 fiinded by this Agteernent ("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 fiilly 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 C1TY's procedures for resolution of complaints relating to the
terms and conditions of employment; these procedures shall be approved in writing by CITY. I
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 fonds provided pursuant to the Act, and all agreements or arrangements to catty
out such programs or activities, that it will comply fizlly 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
the Civil Rights Act of 1964, as amended; section S04 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.
Page 2 of 15 i
25K-28
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
requite 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.
Monitorizag 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
cons#rued to require access to any privileged ar confdential 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 necessazy 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 alI 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 tluee (3} years until resolution of disposition
of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
2 5 K-2 A Page 3 of 15
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 putposes, 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 sttbgrant 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 aver 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 fiends 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
fiends 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 j
requirements, CITY may at its option withhold payment of funds, ot• disallow fiords or suspend ~
additional gt•ant funds.
N. CONTRACTOR shall not expend fiends 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
Adtninishative Requirements for Grants and Cooperative Agreements to State and Local Government",
Subpart C, paragraphs 37 aztd 42, Circular A-128, and all other applicable federal statutes and
executive orders and their implementing regulations, including regulations at 29 CFR Pat•t 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated fiords may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting j
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign j
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
Page 4 of 15
25K-30
i
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 Su ort Com liance Act
pp p
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 Sobs 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 $ 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 far on-site monitoring reviews of said
program operation at least #wice aruiually. In addition, monthly desk-top reviews of pertinent
information will be conducted.
C. CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or {c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on 20 and all duties
arising under this Agreement shall have been performed by , 20~ .The term of this
Agreement may be extended by a waiting executed by the Deputy City Manager far Development
Services and the City Attorney.
Page 5 of 15
25K-31
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 oz• control over the professzonaI manner zn which Consultant perfozms the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultan 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 a1I 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 Iaws are l~ereby 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 confrms that the U.S. Department
of Labor has established three (3) common measures for youth: (a) Placement in employment or
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
Page G of ] 5
25K-32
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 pz•ogram
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 ail records, books, papers or
documents relating to the accounting and use of fitnds under this Agreement for a tluee-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/pz•ograzn" 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 itzfoz•znation 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 inappropriate 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.
J 1. 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 andlor 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.
i2. CONTRACTOR certifies that this Agreement does not provide for the
25K-33 Page 7 of 15
advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
I3. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor wi1I 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.
I4. 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. Departtnent 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 ~ ~I
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 "Goverrunerttal Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Goverment 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-
ablematerial 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 DQL reserves aroyalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or
subgrant; (b} Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases
ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
15. CLEAN AIR /CLEAN WATER ACT. If the grant hereunder
exceeds $104,404, CONTRACTOR must comply with Section 346 of the Clean Air Act [(42 USC
1875(h}]; Sectiozt 548 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
25K-34 Page 8 of IS
Environmental Protection Agency ("EPA") regulations (40 CFR Patt 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 perfot•tnance 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 attd the EPA about any known violation of the above Laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
l . General Assurance. Every reasonable course of action will he 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 et~•ors 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.
I
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 far 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 etuollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involving Close personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable #reattuent is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WIB}, a
permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
with Agreement fitnds 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.
25K-35 Page 9 of 15
6. Salary and Bonus Limitations. All Subreeipients 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, fiom 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, fiom 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, i#s
employees or subcontractors.
B. CONTRACTOR shall indezrluify 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 ox agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, fiom 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 ar subcontractors.
VIII.
INSURANCE
1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such Insurance shall be in an amount not
less than One Million Dollars {$1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
endorsed to provide to CITY and to the State of California, Employment Development Department, at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
and volunteers, and the State of California, its officers, employees, and volunteers as additional
insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Govermllental 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 narl-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
agents as self-certification of automobile insurance coverage. Governmental entities may substitute a
certificate ofself-insurance.
Page io of IS
25K-36
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 Cade Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
teixn 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 acciden# insurance for those
participants not qualifying as "employees" for Worker's Compensa#ion Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering Toss 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 fiill
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
IX.
CORPORATE STATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. farts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
Page 1 l of 15
25K-37
3. All applicable CITY policies, procedures and directives;
4. AlI 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 Agreemen.
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
I
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
al[ the covenants and agreements between the parties with respect to such employment. Each party fo
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 irrstatrces and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of firnds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of fiends 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
A. 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.
B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
25K 38 P1ge ]2 of i5 ~
CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is
to be not less than ten {10) days after certified mailing or personal service of such notice, unless such
default is cured before the effective date of termination stated in such notice. If terminated for cause,
CITY shall be relieved of fiuther liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for approved expenses incurred
for services satisfactorily and timely performed prior to the mailing or service of the notice of termination,
and except for reimbursement of {l) any payments made for services not subsequently performed in a
timely and satisfactozy manner, and (2) costs incurred by CITY in obtaining substitute performance.
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 fiu•nish 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
i
If, through any cause, CONTRACTOR violates arty of the terms and conditions of this
Agreement, and/or prior agreements whereby grant fiznds 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/oz' 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 fitlfiills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2} collect otztstandizzg amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30} days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or {3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
Page 13 of 15
25K-39
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:
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.
VALIDITY ~
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and sha11
inderruufy 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 fiilly set forth in
the body of this Agreement.
Page 14 of t 5
25K-40
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
CITY OF SANTA ANA, a municipal
corporation of the State of California
ATTEST: "CITY"
By:
Maria D. Huizar David N. Ream
Clerk of the Council City Manager
~I
APPROVED AS TO FORM: "CONTRACTOR" II
Joseph W. Fletcher
City Attorney
i
I
BY: BY:
Lisa E. Storck Name:
Assistant City Attorney Title:
Tax ID
i
i
Page IS of 15
25K-41
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SANTA ANA WORKFORCE INVESTMENT 80ARD/YOUTH COUNCIL
AND THE
SANTA ANA W/O/It/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR
This Memorandum of Understanding is entered this 1St day of July 2010, by and
between the Santa Ana Workforce Investment Board ("WIB")/Santa Ana Youth Council
and the Santa Ana W/O/R/K Center ("Provider") acting in its capacity as the Youth
Service Provider Navigator.
1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W/O/R/K
Center as their "Service Navigator" for alI WIA youth services, and its eligible
participants. The Service Navigator's function tvitlvn the Youth Service Provider
Network is to coordinate services in a manner that eliminates bureaucracy from the
participating providers.
2. STAFFING RESPONSIBILITY OF "PROVIDER":
The Santa Ana W/O/R/K Center must provide sufficient staff to conduct the following
roles:
A. Assist with recruitment of potential WIA youth participants to Youth Service
Provider Network
B. Refer eligible youth to appropriate WIA youth providers
C. Collect eligibility documezrtation (both at provider location and Service Navigator
site)
D. Certify WIA eligibility
E. Ensure accuracy and timely submission of all Job Training Automated (JTA) MIS
system forms
F. Provide technical assistance and eligibility training to all providers
G. Develop policies and procedures to ensuz•e compliance with Federal, State and
Local WIA rules, regulations and goals
H. Track and maintain program/provider performance goals
I. Coordinate co-enrollment among youth providers
3. Actively participate on tite Santa Ana Youth Council
K. Coordinate (and provide as needed) follow-up services with providers and
participants ~
L. Process payment for services within 30 days of receipt
M. Conduct an annual fiscal monitoring of youth providers funded ender WIA
N. Provide on-going Labor Market Information related to youth to providers
O. Provide on-going ADA/EEO informationltraining
P. Provide on-going information/training on Child Labor Laws
Q. Provide legislative/regulatory updates on services, programs impacted by Youth
Workforce Development
EXHIBIT 4
1
25K-42
R. Collect, analyze and report to Youth Cottncil the results of the Customer
Satisfaction Surveys
S. Create and implement a continuous improvement project based on the results of
the Customer Satisfaction Survey
T. Be available and prepared for monitoring by Federal, State and SAWIB staff
4. FOLLOW UP SERVICES: Follow-up services will be a coordinated effort
between the W/0/R/K Center Service Navigator and the youth program operators.
The purpose of follow-up is to determine a participant's employment and educational
status after exiting the WIA program and to provide additional assistance if needed.
5. BUDGET: The W/O/R/K Centet• acting as the "Provider", shall provide all of
the services discussed herein as well as those set forth in Exhibit A, for the monetary
amount set forth in its budget attached hereto as Exhibit B. Said Budget may
annually be updated as approved by the WIB.
6. DURATION: This MOU shall remain in effect until a written cancellation is
submitted by either patty giving a 30-day advance notice.
7. AMENDMENTS: Either party may propose amendments to this MOU at any
time by providing written notice to the other. Amendments to this MOU shall require
the approval of the authorized signatory for the WIB and the Deputy City Manager
for Development Services, on behalf of the W/O/R/K Center.
8. DISPUTES: The parties shall first attempt to resolve all disputes informally.
Any party may call a meeting of all parties to discuss and resolve disputes. Should
informal resolution efforts fail, tl~e dispute shall be referred to the Deputy City
Manager for Development Services to act as mediator, to attempt to resolve the
dispute by holding an informal hearing with presentations by both patties. If the
Executive Director's resolution efforts fail, any party may file a grievance with the
Deputy City Manager for Development Services for review and heating. The parties
agree to be bound by the final determination resulting from that procedure. All costs
associated with the grievance procedure shall be borne by the losing party.
9. SEVERABILITY: If arty part of this MOU is found to be null and void, or is
otherwise stricken, the rest of this MOU shall remain in force.
10. HOLD HARMLESS: Each patty to this MOU agtees to indemnify and hold
harmless the other parties, their officers, agents, employees, and volunteers from and
against any and all loss or damage, and from auy and all suits, actions and claims
filed or brouglrt by any person or persons arising out of acts or omissions of the party
or its officers, agents, employees or volunteers in the performance of this MOU.
11. DISCRIMINATION: Provider shall not discriminate because of race, color,
creed, religion, sex, marital status, sexual orientation, age, national ot•igin, ancestry,
2
25K-43
or disability, as defined and prohibited by applicable law, and Provider affirms that it
shall comply with all applicable federal, state and local laws and regulations.
i2. AUTHORITY AND SIGNATURES: Tlie individuals signing this MOU or its
attachments have the authority to commit the party they represent to the terms of this
MOU, and do so commit by signing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above wt•itten.
ATTEST: CITY OF SANTA ANA
Maria D• Huizar David N. Ream
Clerk of the Cotulcil City Manager
APPROVED AS TO FORM: Santa Ana Workforce Investment Board
Joseph W. Fletcher, City Attorney
By:
Lisa Storck Lee McMut•ttay
Assistant City Attorney WIB Chairman
RECOMMENDED FOR APPROVAL:
Cynthia J. Nelson, Deputy City Manager
For Development Services
3
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25K-44