HomeMy WebLinkAboutORANGE COUNTY YOUTH COMMISSION (3) - 2010 r City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
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Revised 04-12-10
INSURANCE ON FILE
WORK MAY PROCEED
UNT L IN URANCE PRIES
CfERA OF COU IL
DATE: JUL 2 9 Z01? Contract No.
A-2010-120
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this I" of July. 2010 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:
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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
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.
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H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
I. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements.
CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative
Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce
Investment Act Application form (WIA EWIR) and supporting documents within 45 days of
application date; a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE)
within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the
begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form
(WIA EYTS) within 30 days of application date; Workforce Investment Act Exit form (WIA EWIT)
within 15 days of completion/termination of active enrollment of trainee; and the Workforce
Investment Act Follow-Up Contact Information form (WIA EWIF) within 21 days following 30, 60,
90,180, 270, and 360 days of exit.
CITY, the State of California and the United States government and/or their
representatives shall have access for purposes of monitoring, auditing and examining of
CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR
subcontractors, bookkeepers and accountants, and employees and participants related to this
Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion.
Monitoring activities may also include, but are not limited to, questioning employees and participants
and entering any premises or onto any site in which any of the services or activities funded hereunder
are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at the location where CONTRACTOR
conducted the program, as well as in the County of Orange, for the duration of this Agreement and
thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints,
claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b)
costs and expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the three (3) years until resolution of disposition
of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
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
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foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
Government or their representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on
CITY's InvoiceNoucher 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.
0. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Government",
Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and
executive orders and their implementing regulations, including regulations at 29 CFR Part 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to
performing any of its obligations under this Agreement and prior to any obligation arising on the part
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of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement
Q. CONTRACTOR agrees to provide a drug-free work place and to execute a
certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
R. CONTRACTOR, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
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 $141,828 for CONTRACTOR'S
performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period
of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR
as provided hereinabove.
B. CITY agrees to provide for on-site monitoring reviews of said
program operation at least twice annually. In addition, monthly desk-top reviews of pertinent
information will be conducted.
C. CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on July 1, 2010 and all duties arising under this
Agreement shall have been performed by June 30, 2011. 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.
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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
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.
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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 a three-year period
from and after the effective date of this Agreement.
6. No person with responsibilities in the operation of any program under the
Act shall discriminate with respect to any program participant or any application for participation in
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
7. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
8. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
9. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa Ana and
the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity
employer/program" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
10. Based on the population eligible to be served, or likely to be
directly affected by the WIA program or activity, the services or information may need to be provided
in a language other than English in order to allow such population to be effectively informed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take
reasonable steps to provide services and information in appropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
11. CONTRACTOR certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of
in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the
CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this
Agreement, will be limited to use within the activities outlined in this agreement and will remain the
property of the United States Government and/or CITY. Upon termination of this Agreement,
CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
12. CONTRACTOR certifies that this Agreement does not provide for the
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advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
14. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
and the DOL and its representative on these matters, the DOL shall determine whether to seek
protection on the invention or discovery. The DOL and its representative shall determine how the
rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated
and administered in order to protect the public interest consistent with the "Governmental Patent
Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23,
1971, and Statement of Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves a royalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or
subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases
ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
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Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be
hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of
Violating Facilities;
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
1. General Assurance. Every reasonable course of action will betaken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two years following the termination of such employment.
3. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involving Close nersonal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a
permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non-voting member of a WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
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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
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.
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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.
CORPORATESTATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671.
All applicable State statutes, regulations, policies, procedures and directives;
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3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with
such or will notify CITY after enactment or modification that it cannot so comply. CITY may
thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains
all the covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
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
Page 12 of 15
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 further 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 (1) any payments made for services not subsequently performed in a
timely and satisfactory 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 furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH - SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
Page 13 of 15
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
PO Box 1756
Santa Ana, CA 92702
(714) 542-7610
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
Page 14 of 15
ATTEST:
Maria D. Huizar 3
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Lisa E. Storck
Assistant City Attorney
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
By: J / -
David N. Ream
City Manager
"CONTRACTOR"
Orange County Youth Commission
Santa Ana Boxing Club
Name: Kate Medida
Title: Executive Director
Tax ID #: 31-1755406
Page 15 of 15
Orange Couni , Youth Commission
Santa Ana, California
WIA 20010- 2011
PROPOSAL NARRATIVE
ABOUT THE PROGRAM
A. 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 and motivating environment. We have the necessary expertise and resources to
strengthen their academic performance and build their character and leadership potential.
The Club has an inviting, supportive atmosphere 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 a successful high school
graduation, post-secondary education, employment and self-sufficiency. Therefore, 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 an
old historical street boxing gym, Clients are attracted to the exciting environment of
students boxing in the boxing ring, punching bags, jumping rope, working out on
equipment, and with weights. Currently we have computers in a section of the gym which
enable clients to have a place to study and do homework. We are in hopes, with the help
of this WAI Grant that we will be able to rent and take over the adjacent building to the
Santa Ana Boxing Club. The boxing gym is open weekdays from 3 to 4 p.m. for tutoring
and on Saturdays we have a 2 hour intensive session of tutoring. From 4 p.m. to 8 p.m.
the Boxing Club is open to those who want to improve their boxing skills. Staff arrive at
the Boxing Club at 2 pm to do paperwork and make phone calls. They are also available
to the clients that want to get advice and need direction. This program focuses on
developing discipline, sportsmanship, as well as boxing skills. Our teens compete in
boxing tournaments and gain an attitude of perseverance and self-confidence. 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.
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EXHIBIT A
Orange County Youth Commission
Santa Ana, California
1. Population we serve:
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. These teens 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, and 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 to us. 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 are at-risk for school failure and dropping-out. We will serve 10 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 10
Young Adults; Ages 18 to 23.
We have had one young man that has been attending the Santa Ana Boxing Club for over
2 years now. When his parents moved to Garden Grove Anthony Serrano, our Boxing
Coach found this young man a closer gym so he could keep up his boxing skills. We
were very sad to loose this young man because he has been a model to other youth. He is
a straight A student and is an excellent boxer despite his living situation being poor and
in need of support. He lives with several family members and his space in the apartment
is a closet. This is where he keeps his belongings and sleeps. Less than a month had
passed by when the father of this youth brought not only his son back to the Santa Ana
Boxing Club but also brought his cousin. The father told Anthony that his son had been
acting out in school and had started to be disrespectful and he knew that Anthony would
not let him get away with this type of attitude at the Santa Ana Boxing Club. This just
shows how much the youth respect and admire Anthony Serrano and enjoy the discipline
that they receive at the Santa Ana Boxing Club.
2. Number of youth served:
The number of youth that attend the boxing club fluctuates from 60 to over 100 with an
average of 60 to 70 each day. However, we project that we will case-manage and serve
20 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
2
EXHIBIT A
Orange County Youth Commission
Santa Ana, California
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 others have only one parent.
The Santa Ana Boxing Club is one of 18 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.
3. How WIA fits into the Orange County Youth Commission's current program:
The current clients of the Santa Ana Boxing Club come to the Boxing Club to look for
help. We have been known for helping the youth to stay out of trouble, getting help
finding a job and help with school work. This has a lot to do with our Boxing Coach
Anthony Serrano. Anthony has been with the Orange County Youth Commission for ten
years. Anthony has the ability to make everyone who walks in the door feel welcome and
have value. This is a feeling that many of the youth do not get from the adults in their
lives. By using time, in the ring as a reward Coach Anthony instills into the youth the
advantages of being driven to accomplish their goals. Being that the WIA program is goal
oriented and the Boxing Program is goal oriented; the two programs mesh together very
well.
The funding that we receive from the WIA Grant allows us to help more youth to succeed
and to have pride in what they are accomplishing.
4. 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 designated area in the Club where students can utilize
computers for homework. This area also serves as the tutoring area which we tutor youth
daily from 3 to 4 pm and on Saturdays for 2 hours. We would like to expand our tutoring
area by renting the adjacent space next door. We have been offered this space to rent out
and with the help of this W1A grant we can enlarge our space and have a full time
tutoring facility.
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. 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 a pre-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 to improve their overall GPA. They
discuss steps to reach those goals and monitor progress toward that goal.
3
EXHIBIT A
Orange County Youth Commission
Santa Ana, California
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, achieving the higher GPA becomes an driving incentive. Our unique 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 connections needed to help them
along their chosen path.
We have Eleven years of experience with the boxing program and we are completing our
fourth year as a WIA youth-serving agency achieving the majority of the performance
goals. Students have raised their grades and gained a greater sense of self-esteem.
Element Number 4: As appropriate paid and unpaid work experience, including
internships and job shadowing.
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 this component our youth are
gaining successful life skills, education, and employment goal-setting with goal
attainment activities. Individual mentors will come to the boxing club gym and share
their experience in 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. A compiled list 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, and
avoiding negative influences from drug abuse, alcoholism, gang involvement and
premarital sex. Additionally 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, or achieving meaningful employment.
4
EXHIBIT A
Orange County Youth Commission
Santa Ana, California
A celebration party will mark the 3 month achievement of completion of the 12 Life and
Goals Setting lessons. 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 and use as motivation to get the youth to come
into the club for follow up, tutoring or meetings. 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 for the class. We provide funds for the
client to buy the materials required through our WIA grant and through private
contributions.
5. 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, peer mentoring and
monitoring, and improvement of attitude. Long-term outcome includes earning a high-
school diploma, job placement, and trade school, or college entry and completion. Case
notes in each individual's case file will serve to evaluate their individual academic goal
attainment and character development. We want to encourage and support students so
they will stay in school, graduate, and to help them find the thing they love to do and
pursue that through further training.
5
EXHIBIT A
Orange County Youth Commission
Santa Ana, California
6. 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 rent and take over
the adjacent business next to the Santa Ana Boxing Club and make it into a tutoring -
computer lab that will be open Monday through Thursday from 3 to 7 and on Saturdays
from 11 till 3 pm. This way the youth can go next door to train with Anthony and then
have the peace and quiet next door where they can have Academic tutoring, doing well in
school 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 maintain no less
than a 2.0 GPA. However, we plan to capitalize on the galvanizing properties of the
boxing activity by incorporating additional 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.
7. 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
6 EXHIBIT A
Orange County Youth Commission
Santa Ana, California
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. Our third Boxing in the Streets Event is
coming up in September. These events bring a lot of attention to the Santa Ana Boxing
Club and have been great fundraisers.
8. 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, Fellowship of Christian Athletes, and other teen-serving agencies in our
recruitment process.
We work with Santa Ana College, Vanguard University, Biola University and Cal State
Fullerton to recruit mentors and tutors for the program.
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. Arizona Tile has been a long
time sponsor of the Santa Ana Boxing Club. Southern California Edison and IBM are two
of our newest sponsors that bring people to the Santa Ana Boxing Club on a regular
basis.
B. 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.
1. Our Program intends to accomplish - WIA Goals:
7
EXHIBIT A
Orange County Youth Commission
Santa Ana, California
Academic support.
The after-school boxing club program is designed to provide academic support, which is
a precursor to job and career success. 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 as 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 or exceed a GPA of 2.0 with
a higher GPA the client's literacy and numeracy scores will increase. Most of our present
boxing team members have raised their GPA from a low 1.0 to 2.0 and higher. We have
not only seen increase GPA level, but also discontinued gang membership, appropriate
attitude change, improved attendance and personal initiative.
Employment Mentoring Program
Our mentoring program geared to assist the older aged WIA clients with employment
preparation, job shadowing, employment on-site internships and goal setting fits right in
line with the goals that the WIA Program has. A new 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.
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
month, 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 often stops in the club to speak to the young people and
telling them about his life as a famous boxer.
We ask them to share with the youth about how they first had the dream of their chosen
profession, then how they strategized to meet that goal, what community resources they
tapped into and how they overcame barriers to reach that goal. They share 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.
8 EXHIBIT A
Orange County Youth Commission
Santa Ana, California
We also incorporate a peer mentoring program where those who have completed the
program can return to mentor younger, newer Club members. This has a two-way
positive effect; the experience of a graduating member to help and the experience of the
new member to succeed because of the lessons he has learned from his peer.
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 to 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.
2. Length of Program.
It takes time to develop new habits and change a life style. At- risk youth that we work
with have already experienced failure and abandonment issues. Helping the youth to
know and helping them understand that they have value and that they can succeed takes
at least a year. More than half of the youth that have gone through the WIA Program in
years past are still coming to the Santa Ana Boxing Club. It is good that WIA's program
has a year of follow up because many of the youth have success stories and we would
never hear about the stories if we didn't follow up a year after they exit the WIA
Program.
3. Frequency of attending the Program.
The clients need to call Case Manager at least once a week to check in and to give
progress reports, if they are not on the Boxing Team or already in the Club on a daily
basis. If they are into a routine of working out then we expect to see them at least 4 days
a week. If we serve any kind of food or meal they are usually there.
4. 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.
We do have Non WIA staff that work with the youth as well as the staff. This last year
we were really under funded and had to use volunteers to help out. The only problem is
that the volunteers can be unreliable at times.
In December we were able to take two youth with us to luncheon, in Palos Verdes, that
was being held to raise money for the Orange County Youth Commission and two other
charities. They were introduced to prominent business owners and philanthropist.
9 EXHIBIT A
Orange County Youth Commission
Santa Ana, California
5. Youth that have exited the program.
The Santa Ana Boxing Club is like a family to many of these youth. They come to the
club not only to get help with their homework, school and getting a job. They come to the
club for the encouragement and to stay in shape. Anthony Serrano is like a Father to
many of these youth and they are anxious to tell him of their experiences and successes.
Our relationship with these youths will continue as long as our doors are open.
C. GOALS/OBJECTIVES AND PERFORMANCE LEVELS
1. Meeting Performance Goals:
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 a low 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 a
two-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 TABE scores, documented positive
character change): Projected percent of youth who achieve one or both objective = 75%
2. Monitoring Proeram Activity
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%
3. Raising the Skill Levels
To ensure that our clients graduate from high school, get a job after high-school, or
continue a college-bound trajectory, we plan to continue to engage them to remain as
members of our after-school 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.
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Orange County Youth Commission
Santa Ana, California
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, and a 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 will be the evidence that we are striving to obtain
through the WIA program.
4. Certificates and Rewards
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 a 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 goals 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.
5. ImrJrovement Measurements
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. In order to
ensure that these youth maintain appropriate GPA and increase in literacy and numeracy
11 EXHIBIT A
Orange County Youth Commission
Santa Ana, California
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.
6. Staffing
Adding more youth to our program, which we hope to do in 2010-2011, will also bring
the need to add additional staff members. Being that we will be opening a separate study
hall/ work center it will need to be staffed and supervised during hours of operation.
Staff will attend monthly meetings to insure the program is being implemented correctly
and quickly adjust 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 files 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.
D. PROGRAM DESCRIPTION
1. Overall Services to the WIA narticiuant
• 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.
Outreach
To attract new clients we will first look from within the walls of the Santa Ana Boxing
Club. We also will recruit through our MAD (Making a Difference) After School Clubs.
Many of the children in our MAD Clubs have brothers and sisters that need help finding
jobs and have not finished school. Reaching out to help some of the families that already
have children participating in another one of our programs is a way to make our services
even more valuable to those families. Using the WIA check list is how we will determine
if a client qualifies for enrollment and eligibility. Within the first meeting that we have
with a potential client we can determine if the client is eligible and then we take our
paperwork to the Service Navigator to determine if we are correct in our evaluation.
Intake Assessment/ Case Mana eg ment
Our Case Manager, Anthony Serrano and the Assistant to the Case Manager, Tony Ortiz
will share intake assessment responsibilities. Our Case Manger will administer the fast
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Orange County Youth Commission
Santa Ana, California
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. Tony Ortiz 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. Tony Ortiz will meet with our paid Tutor and the Mentoring Director and then
report to 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. A post-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:
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 T-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.
We look forward to being able to utilize the adjacent building for tutoring. With the help
of the WIA grant this year we can go forward with that project. This will give us longer
study hours and it will make it easier to concentrate. We have a donor ready to supply
new computers for our new facility. And with more supervision these computer can be
kept clean from viruses. We also hope to have some computer classes available to the
WIA clients so they can take full advantage of these new computers and this new facility.
Physical Exercise is one of the key elements to our program services. Many of the youth
attended a Youth Boot Camp, called Devil Pups at Camp Pendleton. We found out that
they enjoyed the regiment that took place while they were there. So we have
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Orange County Youth Commission
Santa Ana, California
implemented this same regiment. They have to stand at attention and go through roll call
and if they are late then they have to do push ups. They do some calisthenics inside the
gym but it gets crowded and hot so we move them outside. They line up on Fourth Street
and run up and down Garfield. The people driving by honk their horns and yell words of
encouragement which is very different than the gang signs that are flashed in other areas
of Santa Ana. The youth boast of loosing weight and getting stronger. It has been a real
positive part of the services that we offer our youth.
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.
This past year we had two of our WIA clients work at the Santa Ana Work Center. Brian
Lopez was rehired after his internship was completed, Failtitu Liaga entered college
when his internship was completed.
This year we had one of our former WIA clients become a Professional Boxer and he has
his debut Boxing Match on April 1St of this year.
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. Our clients tend stay in
the boxing program after they have completed the WIA Program because they have some
to know the Santa Ana Boxing Club as a second home. Clients who have exited the
program are invited to any of our 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 rehab, counseling, etc.). He will
also refer to WIA youth-serving agencies for necessary counseling, if deemed
appropriate.
3. Training and Employment Services
We understand the need to train the youth in better computer skills and more high tech
fields. This is why we believe that it is very important to open this adjacent building to do
tutoring, and also to do computer training. We need a classroom type setting to
accomplish this.
The Boxing Element of our program goes perfectly with the academic part of our WIA
Program. In Boxing the youth learn discipline and endurance which are essential
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Orange County Youth Commission
Santa Ana, California
elements in a successful career of any type. The tutoring and the computer training give
our clients the confidence, along with the knowledge that they need to complete what
they might be lacking.
4. Training and Services
Helping youth find out what their passions are and then helping them to learn more about
their passions is the beginning of the road to self- sufficiency. These youths may come
from horrible lives but they all still have dreams of their future. We don't need to tell
these kids the answers we need to tell them where to find the answers. Picking up a
youth every day to come to our program is not the answer. Giving them a reason to come
to the program and to checking in is the answer. Some youth need help with bus passes
and school supplies, so it is important for us to have funds available through supportive
services. If we can spend time with these kids and get to know them then we can tailor
make the programs to fit their needs, so that the programs and trainings that we give them
is interesting to them.
E. FACILITIES
Program activities will take place at the Santa Ana Boxing Club.
1. Address of Boxing Club:
901 Fourth Street
Santa Ana, CA 92701
2. Transportation to the Facility:
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.
3. Hours of Operation:
Monday - Friday, 2 p.m. - 8 p.m.
4. Disability Act
Street parking is available to everyone and we do have a back parking lot that could
accommodate a wheelchair. But there are no designated disabled parking slots. 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.
5. Internet Access
Staff computer has Internet access. As well, the four student computers also have Internet
access. We use Word, Excel and Power Point Programs on the computers.
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Orange County Youth Commission
Santa Ana, California
6. Youth Friendly Facility:
The uniqueness of boxing draws them to the club, The boxing gym facility is youth
friendly and inviting for our tutoring, and boxing exercise program. Skill attainment and
competition gives students goals to reach. Field trips and activities retain clients' interest,
especially contact with caring mentors. 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.
II. ABOUT YOUR ORGANIZATION
A. 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 13 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
13 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 18 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.
1. Current Employees and Budget
We currently have three full-time employees and a fourth employee receives $300 per
month for overseeing the boxing club and checking in youth.
Kate Medina our Executive Director has a bachelor degree from Stephens College in
Columbia Missouri in Fashion Design and Retail. She was Vice 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 druglalcohol counselor for over years. He is also an
accomplished boxing coach, having trained our young boxers to win local and national
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Orange County Youth Commission
Santa Ana, California
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.
Isabel Monje oversees our 18 MAD Clubs that take place in schools in Santa Ana. She is
not involved in the WIA Program.
In 2009 our operating budget was $188,000. Our sources of revenue are corporate gifts,
individual support, private foundation support, special events, corporate sponsors and our
WIA Government grant. 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.
2. Length of Service
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. This is our 13a' year
serving the youth of Santa Ana.
3. Our Impact on the Community
We have made a positive impact on hundreds of youth in Santa Ana. There isn't a day
that goes by that someone doesn't come into the Santa Ana Boxing Club that used to
come there years ago. Just recently a man in his 30's came in to show co-workers the
Santa Ana Boxing Club where he learned to box and work out. He now works for
Southern California Edison. He and his co-workers applied for a grant from SCE on our
behalf. Because people feel that we impacted their lives in a positive way they want to
give back to us.
B. EXPERIENCE:
1. During the last two Years OCYC has operated these programs:
*M.A.D. Clubs (Making A Difference Clubs)
We currently operate 18 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, and wrestling are offered and character
education (The character education lessons teach character traits 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 does not have to leave the school
premises.
*Santa Ana Boxing Club
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Orange County Youth Commission
Santa Ana, California
*Wrestling Clubs
*Special
•
•
•
Events and Activities
Club Kick-Off Event
Family Success Day
Summer Camping
Toys for Tots
Community Service Projects
such as visiting senior
• Field trips such as fishing
trips, or swim parties, BBQ
Picnics, Movie Outings, trips
to the local mountains and
museums.
The Orange County Youth Commission was successful in reaching our performance goal
with our clients, in past years. We are continually improving our plan on tutoring the
youth and many of them exceeded their own expectations on raising their grades. Much
of our tutoring is being done on Saturdays, when the gym is not being used and it is quiet.
The clients still wanted the same rewards of getting ring time during the week and
spending time with Anthony. We have learned that providing a quiet location is very
beneficial to the outcome of their scholastic improvement. This is why we are including
in this years proposal rent for the business next door. We know that we can serve more
youth if we have a separate place for them to study.
2. IncoMorating Parent and Employers
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 coach/mentor. So, at have beginning and ending school
events we 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 from continued substance abuse.
We often have business people stop in the club, some are curious, some want to help and
some want to donate money. Regardless of why they come in they always leave feeling
like they just witnessed good things happening. Recently the owner from Arizona Tile
came into the Boxing Club with a lot of new equipment that he had purchased for the
youth. Anthony Serrano introduced Mark Huarte to the youth and he was welcomed with
a round of applause. Mark went on to tell the youth how important it is to stay in school,
study hard and how he started his own business.
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Orange County Youth Commission
Santa Ana, California
3. 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. Anthony Serrano recently received his certificate as a National Certified
Addiction Counselor. He has had his State certification for years and continually takes
classes to keep his up certification. He recently was also received a certificate in Dual
Diagnosis Treatment.
4. Positions Dedicated to this Proposal:
0.25 FTE Project Manager: Kate Medina
Kate will be responsible for process paperwork for end of the month, working with
Anthony Serrano to arrange speakers, mentors and tutors.
1.0 FTE Sports Club Director/ Case Manager : Anthony Serrano
Anthony Serrano will be responsible for running the Santa Ana Boxing Club. He will
also be the Case Manager responsible for directing the youth and setting goals.
0.63 FTE Administrative Assistant: Tony Ortiz.
Tony will be responsible for all the notes and phone call follow up with current clients
and exited clients. He will report directly to Anthony Serrano.
0.63 FTE Tutor: To be named
This person will be responsible for coordinating all the different subjects of tutoring that
needs to happen with the different youths. They will be responsible for testing and taking
notes on improvements the clients have made and responsible for finding volunteer tutors
from the surrounding colleges.
0.38 FTE Trainer: Gaulua Taleni (Lou)
Lou will be responsible to get the youth ready to go into the ring. Helping them learn the
art of boxing and helping them to understand the importance of discipline. He will report
to Tony his progress with the clients training.
0.5 FTE Gym Manager: John Ramirez
John is responsible for checking the clients into the gym, making sure they have all their
equipment for boxing and tutoring. He will also be assisting Tony Ortiz in making phone
calls to clients and following up. John is also responsible for opening and closing the
Boxing Club. When Anthony Serrano is out of town he is there to make sure everything
runs smoothly.
0.5 FTE Employment Mentoring Program Administrator: To be named
This person will be responsible for meeting with Anthony Serrano once a week to match
up clients with business mentors to help the clients in their career choices. This person
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Orange County Youth Commission
Santa Ana, California
will arrange for guest speakers to come into the Boxing Club and inspire the youth to stay
in school and to reach for their goals.
Stipend: Youth Representative
This will be a WIA Client that will go to all the Youth Council meetings and report back
to Anthony Serrano.
C. FISCAL CAPACITY:
1. 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 a teacher/mentor wages would be tagged as going to teacher/mentor wages and part of
the WIA distribution in Quick Books.
2. Copy of Procurement Policies and Procedures is Attached
3. Fiscal Accountability:
Our Executive Director enters all fiscal date into Quick Books. Once a month Allan
Booking Service comes to our office, to monitor all the data entry that has been entered
into Quick Books. Monthly a profit and loss statement is given to the Board of Directors.
Quarterly our data is sent to our CPA. Our paychecks are generated by our Executive
Director but the taxes are paid and calculated by Advantage Payroll services.
4. Invoicing:
We have a standard form with OCYC logo and non-profit identification number. Two
copies are made of all invoices; one for our permanent records the other for the CPA.
A part-time administrative assistant or the Executive Director will be responsible for
generating invoices and handling billing related to this grant and other accounts
receivables.
5. Level of Reliance on WIA:
The WIA Grant serves to galvanize us to establish a more intensive, measurable
academic tutoring component to our after-school boxing club. The funds from this grant
will assist us with enhancement of case management and follow-up procedures.
However, we are not relying solely upon these funds for our existence. OCYC has a
diverse base of funding, including individual and corporate donations, special events
income, foundation support and private grant money.
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Orange County Youth Commission
Santa Ana, California
6. Recent Audit:
The Orange County Youth Commission has C.P.A. that ensures we maintain professional
bookkeeping standards. We have been audited by the City of Santa Ana. They found that
our "system for accounting conforms to the federal requirements of OMB Circular A-110
(i.e., regular financial statements, adequate identification and application of CDBG funds,
a chart of accounts with accrual accounting reporting capability)" This report also states
that our "program procedures, currently in place, are adequate for the operations of the
program." In addition, in review of our record keeping procedures for documentation of
clients served, they found that "sufficient information is being gathered to report on
Department of Housing and Urban Development required statistics."
D. SUBCONTRACTING
No Subcontracting will be used.
21
EXHIBIT A
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Exhibit C
COMPLAINT HANDLING
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
WIA
Santa Ana Local Workforce Investment Area
Revised May 7, 2009
Table of Contents
Information Regarding Complaints 3
A. Nondiscrimination and Equal Opportunity Complaints 3
1. Policy Statement 3
2. Civil Rights 4
3. Nondiscrimination laws under WIA 4
4. How to File Your Complaint 5
B. Criminal Complaints 6
II. General Procedures for Handling Non-Criminal Violations of the Act 6
III. Procedures for Handling Complaints at the LWIA
IV. Procedures for Handling Complaints at the State
12
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Handicap Complaints by Participants 17
GLOSSARY OF WIA TERMS 20
2
EXHIBIT C
Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa
Ana Local Workforce Investment Area (LWIA) will establish programs to prepare
youth and unskilled adults for entry into the labor force and to afford job training to
those individuals facing serious barriers to employment. Every effort will be made to
provide services necessary for eligible individuals to obtain productive employment.
In implementing WIA, all contractors in the Santa Ana LWIA will foster equal
opportunity and non-discrimination, as provided in State and Federal equal
opportunity and non-discrimination laws including, but not limited to:
• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964
• The Age Discrimination Act of 1975, as amended
• Section 503 of the Rehabilitation Act of 1973
• Section 504 of the Rehabilitation Act of 1973
• Title IX of the Education Amendments of 1972
• Section 188 of the Workforce Investment Act of 1998
In keeping with our commitment, no individual shall be excluded from participation in,
denied benefits of, subjected to discrimination under, or denied employment, in the
administration or of in connection with any WIA funded program because of race,
color, religion, sex, national origin, age, handicap, or political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part under
WIA shall be open to citizens and nationals of the United States, lawfully admitted
permanent resident aliens, lawfully admitted refugee, parolees, and other individuals
authorized by the Attorney General to work in the United States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or participating in
any manner in an investigation, compliance review, hearing or any other activity
related to the administration of WIA.
EXHIBIT C
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
EXHIBIT C
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:
EXHIBIT C
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."
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
EXHIBIT C
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:
All complaints must be made in writing within 180 days of the alleged occurrence,
except complaints alleging fraud or criminal activity.
All persons filing a complaint shall be free from restraint, coercion, reprisal, or
discrimination. Good faith efforts shall be made to informally resolve the complaint
prior to the scheduled hearing. Complainants have the right to withdraw their
complaints (in writing) at any time prior to the hearing. A complainant may amend
his/her complaint to correct technical deficiencies but not to add issues.
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:
EXHIBIT C
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.
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;
EXHIBIT C
What provisions under the Act, regulations, grant or other agreements under the Act, are
believed to have been violated;
e. Remedy sought by the complainant; and
f. If the complainant is a private or public entity or corporation, and not a natural person,
the filing of the complaint must be duly authorized by the governing body of such entity
or corporation.
The absence of any of the requested information shall not be a basis for dismissing the
complaint.
A copy of the complaint must be sent to the respondent and both parties notified of the
opportunity for an informal resolution. At each step of the complaint process, the complainant
must be notified in writing of the next procedural step.
2. Informal Conference
Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints;
however, such informal conferences shall not extend the time within which a decision
must be issued after receipt of a complaint. Attempts at informal resolution will
commence with two (2) weeks of the date of filing of the complaint.
a. The EEO Officer will review the case and ascertain facts prior to the conference so that
appropriate resolution can take place at the time of this meeting whenever possible.
b. Although the complainant should be encouraged to attend this conference, his/her failure
to do so should not preclude his/her right to request a hearing on the matter.
c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO
Officer will write a brief report for the file stating the issues and resolution. The matter
shall then be considered closed.
d. If resolution does not result, the complainant shall be provided the necessary information
and assistance to request a hearing if he/she so desires.
3. Request for Hearing
As in the case of the complaint, the request for a hearing should be put in writing anc
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
EXHIBIT C
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)
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.
io
EXHIBIT C
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.
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.
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
u
EXHIBIT C
An administrative file containing support documents on the complaint resolution process
hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to
serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of
the issues and the results. This information would then be available for subsequent review
in the event the matter is raised with the State. Such records must be retained for a three-
year period after the grant has been officially closed out.
The Santa Ana LWIA's written decision will be included in the record. Evidence received at
the hearing, notes by the hearing officer, stenographer's notes and tape recordings may
also be used.
E. Establishment of Complaint Procedures
In accordance with Section 667.600, each employing agency including private-for-profit
employers of participants under the Act is required to establish a complaint procedure for
resolving matters relating to the terms and conditions of employment. Employers may
operate their own grievance system or may utilize the Santa Ana LWIA's established
procedures under Section 667.600. At a minimum these procedures must include:
Written notice, upon enrollment into employment training services, of the scope and
availability of such procedures. Employer's grievance procedures shall be set forth in a
written document and must meet the regulation mandate that a complaint will be
resolved with sixty (60) days from the date the complaint was filed. A copy of employer's
grievance procedure shall be provided to each participant upon enrollment in
employment training.
2. Written notice, at the time the grievance is filed, of the procedures under which the
grievance will be processed.
3. Written notification of the disposition of the grievance and a written decision shall be
issued within thirty (30) days of the filing of the grievance unless a present and long
established grievance specifically provides other limits; and
4. Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWIA and the State Review Panel in accordance with Section
667.600.
IV. Procedures for Handling Complaints at the State Level
Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the
Governor to establish a State Review process of complaints filed at the LWIA grant recipient
level and of complaints initially filed at the State level.
Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall
be reviewed by the State Review Panel. The State Review Panel shall review the record
established at the LWIA level and shall issue a decision based on the information contained
therein:
12
EXHIBIT C
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
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
EXHIBIT C
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
EXHIBIT C
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
EXHIBIT C
PROCEDURES FOR HANDLING NON-CRIMINAL COMPLAINT.c
No later than
180 days of
alleged
discrimination
Handling of complaints filed at LWIA level arising in connection with WIA
programs operated by LWIAs
Informal Resolution Process
w
0
0 0
C ?
N Q
O
t
Within 10 days of
receipt of
unsatisfactory
decision or 10
days from date
LWIA decision
should have been
issued.
Unsatisfactory Decision or LWIA Decision not issued within 60 days
Request for State Review o
0
0
N
Governor's Decision issued by State Review Panel
If no decision issued by State Review Panel
Appeal to DOL
16
EXHIBIT C
2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to
advise the complainant of the existence of State, Federal and other proper action
agencies, which may also have a bearing.
3. Complainants alleging discrimination under this part will be made aware of their right to
file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and
applicable procedures.
4. Complainants must file their complaint directly with:
Anita Queen
Sr. Personnel Analyst - EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714) 647-5157
VI. Procedures for Handling Handicap Complaints by Participants
Complaints alleging discrimination on the basis of handicap will be filed and processed under
the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973
at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures
before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file his/her
complaint.
A. Procedures at the LWIA Level
1. The complainant shall file his/her complaint directly with the Santa Ana LWIA. Upon
receipt of the complaint, the EEO Officer shall investigate and gather information
concerning the complaint.
2. An informal conference will be held with the parties concerned in an effort to resolve the
issue(s). The complainant has the right to be present and may be represented during
the conference.
3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than
thirty (30) days after the filing of the complaint.
B. Procedures at the State Level
1. The complainant may appeal to the State if he/she is not satisfied with the decision of the
Santa Ana LWIA.
17
EXHIBIT C
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.
18
EXHIBIT C
PROCEDURES FOR HANDLING HANDICAP COMPLAINTS
No later than
180 days of Filing of complaint on the basis Of Handicap with LWIA Day 1
alleged
discrimination
I Informal Resolution I
If no resolution reached
I Request for Hearing I
Notice of Hearing
Hearing Conducted I I Day 145 Day
LWIA Decision
Unsatisfactory Decision or No Decision
State Review
Filed within 30
days of
LWIA/State Governor's Decision
Decision or 90
60 Days
days from date of
initial filing of Appeal to Assistant Secretary Department of Labor
complaints
19
EXHIBIT C
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-Vl-or- Title IX.-Individual "joint-complaints"_are- normally investigated-by EEOC_
20
EXHIBIT C
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 C
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 any agency, a Member of Congress in connection with the
awarding of any Federal contract, 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 than $100,000 for each such failure occurring on or
before October 23, 1996, and of not less than $11,000 and not more than $110,000 for
each such failure.
Orange County Youth Commission
Santa Ana Boxing Club
Grantee/Contractor Organization
EXHIBIT D
I1I??' 1
Progra Title
bulnM ?Aa
Name of Ce ifying Official Signature
Certification Regarding Druq-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about -
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
EXHIBIT E
Pg. 2
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate 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;
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Dated:
C?
C ' ?? ae_?
ogram erator
EXHIBIT E
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name: Kate Medina
Name of Contractor: Orange County Youth Commission-Santa Ana Boxing Club
Contractor Number:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
P.O. Box 1756. Santa Ana. CA 92702
EXHIBIT E
BUDGET FORM
2010-2011 Administrative Program Total WIA Match/In Kind
No more than 10%
allowed.
Personnel Salaries*
1.Project Manager (.25 FTE) 10,400 41,600 10,400 31,200.
30 hours per week
2.Sports Club Director/ Case 41,600 41,600
Manager (1.0 FTE)
3. Case Manager's Assistant 11,700 11,700
(.63 FTE) 25 hours a week
4. Tutor (.63 FTE) 25 hr. a wk. 19,500 19,500
5. Trainer (.38 FTE) 15 hr a wk 7,800 7,800
6. Gym Manager (.5 FTE) 6,000 6,000
7. Mentoring Director (.5 FTE) 15,600 15,600
20 hours a week
Benefits*
1.Medical and Vision ($280 per 3,636 3,636
month)
2. Workman's Comp and Liability 5,557 3,472. 2,085
Insurance
Use separate sheet if necessary.
Total Personnel 10,400 152,993 119,708 33,285.
Operating Expenses
Rent or user fee* 18,000 In Kind rent 14,400. 12,960. 18,000
for Boxing Club
Utilities 1,400 700 700
Phones
Internet fees 750 750
Parking fees
Security
Maintenance
Insurance
Equipment rental fees* copier 1,380 1380
Vehicle lease*
Office expenses (consumables) 400 400
Accounting Services
Legal services
Auditing services
Indirect costs*
Staff training 1,200 1,200
Staff travel/mileage 1,830 830 1,000
Participant Wages* Youth Representative 300 300
Support services* 4,000 3,000 1,000
Participant Incentives* 2,000 2,000 1,000
Other (list)*
Total Operating Expenses 31,260 22,770. 22,450
GRAND TOTAL 184,253 141,828 55,735.
(Total Personnel +Total
Operating Expenses)
*See Budget Form Instructions EXHIBIT F
OCYC Santa Ana Boxing Club
2010-2011 Budget Narrative
SALARIES:
PROJECT MANAGER: Kate Gunn Medina
As Project Director Kate Gunn Medina will spend 10 hours, in a regular 40-hour week,
managing all aspects of the grant contract including recruitment, assessments, budget, policy
guidelines. Project Manager is responsible for approving expenditures of WIA funds.
12 months of effort: $20.00 per hour x 10 hours x 52 weeks =$10,400.
($41,600 for a 40 hour work week) @ .25 FTE x $41,600= $10,400.
SPORTS CLUB DIRECTOR/ CASE MANAGER Anthony Serrano
Anthony, as Mentor/Coach will spend about 40 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. Anthony will also act as
Case Manager managing case files and reports. Case Manager will motivate and 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, as appropriate through an academic tutoring
and employment mentoring program.
12 months of effort: $20.00 per hour X 40 hrs x 52 weeks =$41,600.
($41,600.00 annual salary) @ 1.00 FTE x $41,600 = $41,600.00
CASE MANAGER ASSISTANT : Tony Ortiz
The Case Manager Assistant will aid the Case Manager in collecting paperwork from Tutors and
Mentors that need to be in clients files. He will be responsible for doing fact finding and
information gathering for job recruitment and school placement and in assisting the Case
Manager.
12 month of effort: $9.00 x 25 hrs x 52 wks=$11,700.00
.63 FTE
TUTOR: To be Named
Tutor will spend 25 hours a week preparing curriculum, managing the volunteer tutors and
teaching/tutoring youth to enable them to increase TABE scores and maintain or raise GPA to
3.0. As needed we will find assistant tutors for special academic needs.
12 months of effort $15.00 hr. x 25hrs.x 52 week= $19,500
.63 FTE
EXHIBIT F
TRAINER: Gaulua Taleni (Lou)
Lou will be responsible to get the youth ready to go into the ring. Helping them learn the art of
boxing and helping them to understand the importance of discipline. He will report to Anthony
Serrano his progress with the clients training.
12 months of effort @ $10.00 hr. x 15 hrs x 52 weeks = $7,800
.38 FTE
GYM MANAGER: John Ramirez
John is responsible for checking the clients into the gym, making sure they have all their
equipment for boxing and tutoring. He will also be assisting Tony in making phone calls to
clients and following up.
12 months of effort @ $500 per month = $6,000
.5 FTE
MENTORING DIRECTOR: To be Named
This person will be responsible for meeting with Anthony Serrano once a week to match up
clients with business mentors to help the clients in their career choices. This person will arrange
for guest speakers to come into the Boxing Club and inspire the youth to stay in school and to
reach for their goals.
12 months of effort @ $15.00 hr x 20 Ins x 52 weeks = $15,600.
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: $303.00 per month x 12 = $ 3,636.00
WORKMAN'S COMPENSATION INSURANCE
Our Workman's Comp Insurance has gone lower because we have fewer people working for the
OCYC. If this budget is approved and we need to hire more people it will be higher. We are
asking for $2,778. of the current bill of $5,557.00
RENT:
Boxing Club Facility is donated as an in-kind contribution $1,200 a month ($14,400 a year). The
adjacent business has become available for us to rent from the owner of the Boxing Club
building. He is asking for $1,200 rent per month and we are asking WIA for $,080 per month,
which is 90%. For the first year of our lease we would leave the adjacent wall up and use this
facility exclusively as a tutoring facility for WIA clients. The youth often will spend hours at the
Boxing Club and this would be a good opportunity for them to spend more time studying in a
quiet environment. Feeding them some food before they leave for home will give them the
incentive to spend time getting the tutoring that they need.
EXHIBIT F
UTILITIES:
The electricity bill runs about $120 per month. We are requesting $59 per month to pay for
utilities.
EQUIPMENT RENTAL:
Copier Machine rental The copier has been moved into the Boxing Club and will be used by
clients for projects and homework. The ink and toner will be paid for by OCYC. The rental is
$115 per month X 12 months - $1,380.00 per year.
OFFICE EXPENSES:
WIA Clients need to make presentations and to do homework they need copy paper, folders,
pens, pencils and other consumables. We are requesting $400 this year toward office supplies.
STAFF TRAINING:
We are requesting funds for two employees to attend the California Workforce Association
Conference and two of our Clients to be able to attend. Cost for two staff members is $800 and
cost for youth is $400, totaling $1,200.
STAFF TRAVEL AND MILEAGE
This mileage is used to pick up and take Young Adults to job interviews and classes for WIA
requirements. Often the Young Adults do not have cars and the bus does not go everywhere they
need to go.
Total cost to OCYC : $1830.00 We are requesting 5830 which is 45% of the total gas that we
consumed in 2009.
PARTICIPANT WAGES:.
Youth Council Stipend of $50 per meeting for a Client in the WIA Program.
Totaling $300 per year.
SUPPORT SERVICES:
Supportive services will be provided. Clothes for job interviews and work, books, haircuts,
school materials and bus passes for 20 Young Adults = $150 per client. We are requesting
$3,000 for Support Services.
PARTICIPANT INCENTIVES:
Field trips, Sweat-shirts, pizza parties and gift cards to Target, Sears or Wal-Mart: rewards
will be given to deserving clients who meet specified attendance, academic or employment goals.
We are requesting $2,000 toward participant incentives.
EXHIBIT F
Attachment D
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.
V 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.
rovi We will provide records to show that we are fiscally solvent, if needed.
We have, or will have, all of the fiscal control and accounting procedures needed to ensure that
WIA funds will be used as required by law and contract.
We have additional funding sources and will not be dependent on WIA funds alone.
We do or will meet the applicable Federal, State, and local compliance requirements.
These include, but are not limited to:
ASecords accurately reflect actual performance.
n record confidentiality, as required.
ig financial, participant, and performance data, as required.
with State and Federal fiscal and program activity audits.
ng with Federal and State non-discrimination provisions.
requirements of Section 504 of the Rehabilitation Act of 1973.
requirements of the American's with Disabilities Act of 1990. (submit attachment F)
?eeting all applicable labor law, including Child Labor Law standards.
Mfig
OJIP (including part-time employees)
We will not:
???Place a youth in a position that will displace a current employee.
quse WIA money to assist, promote, or deter union organizing.
9445use funds to employ or train of persons in sectarian activities.
KWJse funds for youth in the construction, operation, or maintenance of any part of a facility to be
used for sectarian instruction or religious worship.
k'DUse WIA funds for activities that would interfere with or replace regular academic requirements
for eligible youth who are not dropouts.
uqE-9Use WIA funds to carry out programs funded under the School-to-Work Opportunities Act of
1994 unless the program(s) are only for youth eligible to participate under WIA.
*9t Use WIA money under this contract to purchase any equipment.
ree to provide a drug free workplace.
gree to insure the City of Santa Ana through General Liability Insurance and Automobile
?(/.7 A
? Liability. Coverage in the amount of $1,000,000.00 policy.
Agree to provide all participants with Grievance Procedures.
Agree to insure proposer's employees through Workers Compensation Insurance
X/?Procurement policies and procedures are in place and meet federal guidelines.
I hereby assure that all of the above are true.
ID
/5 /d
Title - I Date
EXHIBIT G
ACORD. CERTIFICATE OF LIABILITY INSURANCE "
°"
9/2
9/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
GLOBAL PROGRAM MANAGERS & INSURANCE SERVICES, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
POST OFFICE BOX 7119 HOLDER. 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
INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA: PHILADELPHIA INDEMNITY 18058
ORANGE COUNTY YOUTH COMMISSION INSURER B: LIFE INSURANCE COMPANY OF N.A. 65498
1850 E. 17TH STREET, SUITE 220 INSURERC:
BANTA AN
CA 92705 NSURER°:
,
rnvveAr??. INSURER E:
c rVLI dI= Vr IN3URANUE us I ELI UELV W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING
.
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE
D OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITI
,
ONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A
INSR AISIV
I
POLICYNUMBER
POLICY EFFECTNE
POLICYE%NMTON
LIMITS
GE NERAL DABRITY EACH OCCURRENCE E 1,000,000
A X X MMMERCIALGENSRAJ- LIABILITY P 300
000
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P=ImnW ,
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CLAIMS MADE 1XI OCCUR PHPK 476 363 10/20/2009 10/20/2010 MED EXP(M me en ) E 5,000
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--I N'L AGGREGATE LIMITAPPLIES PER
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11 yyees, EeeOlbe U^Eer E.L. DISEASE-FA EMPLOYEE b
SPECW. PROVISIONSbelw E.L DISEASE-POLICY LIMB $
OTHER AD&D AGG Limit - $500,000
Accident Medical Excess MhX Accident Med Exp - $25
000
B BA33040001 10/20/2009 10/20/2010 ,
AD&D - $50
00
Coverage ,
Accidental Death - $15,000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I E%CLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
Certificate holder as Additional Insured (see attached policy form PI-NP-003)per Item M - Funding Source
added blanket Additional Insured.
IN THE EVENT OF NON-PAYMENT OF PREMIUM, ONLY TEN (10) DAYS NOTICE WILL BE GIVEN.
CERTIFICATE HOLDER
ATlnu
SHOULDANYOF THEASOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF SANTA ANA DATE THEREOF, THE ISSUING INSURER WILL BHMEAVOD13 MAIL 30 DAYS WR EN
COMMUNITY DEVELOPMENT AGENCY M-25 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, YJC?'
P.O. BOX 19BB
? iF11WEKdL9C
SANTA ANA, CA 92702-1988 AUTH RESENIATNE
(AF614 419r6 S0S
Arnon Di T9nMMGI
® ACORD CORPORATION 11988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
Insurance Company_ Philadelphia Indemnity Insurance Company
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, 20 Civic Center Plaza, Santa Ana, Califomia92702; 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 respect to claims arising out of the operations and uses performed by or on behalf
of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds - 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 liability. 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 shall 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 PREMIUM, ONLY TEN (10) DAYS NOTICE WILL BE
GIVEN.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective 10/20/2009 this endorsement form as a part of
Policy# PHPK476363
Issued to Oranne_County Youth Commission
Named Insured
Countersigned by f? Cf LIC-s*e6)(ppg
- 110 goo
S
A 419 IS1, ?t0ROooey
?\SP i Gd`l ptt
PSS?s?a?
PI-NP-003 (9/03)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT
It is understood and agreed that the following extensions only apply in 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 limits of that coverage are the sole and exclusive coverage applicable under this
policy.
Throug t I dorsement the words "you' and °yot? refer to the Named Insured shown in the
Decla The urx t Cin
This a me s i u° un f n
The following is a summary of the Limits of Insurance and additional coverage provided by this
endorsement. For complete details on specific coverages, consult the policy contract wording.
A. Medical Payments - Limit increased to $15, 000;
B. Supplementary Payments - Bail bonds increased to $2,50aLoss of earnings increased to $500 each
day,,
C. Tenants Legal Liability - for Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers -
Limit increased to $300, 000;
D. Broadened Definition of Who is An Insured,'
E. Amended Duties In The Event Of Occurrence, Claim Or Suit ;
F. Broadened definition of Advertising Injury - includes Televised Or Videotaped Publication,
G. Amended definition of Bodily Injury to include Mental Anguish,
H. Broadened definition of Personal Injury - includes Abuse of Process/discrimination;
I. Amended Unintentional Failure To Disclose Hazards,
J. Amended Liberalization Clause
K. Added Employee Indemnification Defense Coverage - We will pay up to $25,000 in defense costs for
an 'employee° in a criminal proceeding (subject to established criteria) ;
L. 'Properly 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 Premises,
0. Non-owned Watercraft - coverage length is increased to 58 ft.;
Page 1 of 5
Includes copyrW materiel of the Insurance Services Office, Inc. used with its permission.
PI-NP-003 (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 all the terms of Limits Of Insurance (Section III)
to the greater of.
a. $15,000; or
b. The Medical Expense Limit shown in the Declarations 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. Exclusion 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 cost of bail bonds Is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
C. Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers
If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the
word' fire" is changed to 'fire, lightning, explosion, smoke, or leakage from automatic fire protective
systems' where it appears in:
1. The Limits 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.) $300,000; 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 1) after the Exclusions;
3. Paragraph 6. of Limits of Insurance (Section III);
4. Paragraph b.(1)(b) of the Other Insurance Condition (Section IV); and
5. Paragraph a. of the definition of 'insured contract'
D. Who Is An Insured
Who is An Insured (Section II) 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 this provision is afforded until the end of the policy 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 while acting within the scope of and during
the course of their duties as such. Such duties do not include the furnishing 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 while providing for you private home respite or foster home care for the
developmentally disabled. However, the insurance afforded by b. above is excess over any
other insurance covering any person or organization under your direct control or 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 actively manage on the
effective date of this Coverage Part.
However, the insurance afforded by e. above, for any organization and subsidiary thereof not
named in the Declarations as a Named Insured, does not apply to injury or damage with respect
to which an insured under this Coverage Part is also an insured under another policy, or would be
an insured under such policy but for its termination or the exhaustion of its limits of insurance.
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PI-NP-003 (9/03)
E. Duties In The Event Of Occurrence, Claim Or Suit
1. The requirement in condition 2.a. (Conditions, Section IV) 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, it 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.
2. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or *suit"
as soon as practicable will not be considered 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 injury" means injury arising out of one or more of the following
offenses:
d. Orel, written, televised or videotaped publication of material that slanders or libels a person or
organization 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. Missappropriation of advertising ideas or style of doing business; or
g. Infringement of copyright, title or slogan.
2. Exclusions a.(2) and a.(3) of Coverage B., Personal And Advertising Injury Liability, are changed
to read:
a. (2) 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 injury' 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 anytime.
H. Personal Injury -Abuse Of Process/Discrimination
If Personal and Advertising Injury Liability Coverage (Coverage B.) is not otherwise excluded from this
Coverage Part:
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:
"Personal Injury" also means discrimination based on race, color, religion, 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
(2) 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
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PI-NP-003 (9/03)
(3) Directly or indirectly related to the sale, rental, lease or sub-lease or prospective sales,
rental, lease or sub-tease of any room, dwelling or premises 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,
legislation, court decision or administrative ruling.
The insurance afforded by 1-1.1l.b. above does not apply to fines or penalties imposed because of
discrimination.
1. Unintentional 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 shall not deny coverage under this Coverage Pan because of such failure.
J. Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will
automatically provide the additional coverage to all endorsement holders as of the day the revision is
effective in your state.
K. Employee Indemnification Defense Coverage
Under SUPPLEMENTARY PAYMENTS - COVERAGES A AND 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 with such 'employee' whereby you agree to
indemnify the "employee" for such defense costs and the agreement includes a provision for
repayment of defense costs in the event of an adverse judgement.
The most we will pay for any "employee" who is alleged to be directly involved in a criminal
proceeding is $25,000 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 - COVERAGES, COVERAGE A, 2. Exclusions a. is deleted and replaced by the
following:
a. Expected or Intended Injury
'Bodily Injury' or 'Property Damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or 'property damage' resulting from the use of
reasonable force to protect persons or property.
M. Additional Insured- Funding Source
Under SECTION 11- 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 or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations
performed by or for that person or organization.
N. Additional Insured- Managers or Lessors of Premises
Under SECTION 11- WHO IS 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 pan of the premises leased 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. Structural alterations, new construction or demolition operations performed by or on behalf of
that person or organization.
0. Non-owned Watercraft
SECTION 1- COVERAGES, 2.Excluslons, paragraph g. (2) Is amended to read as follows:
(2) A watercraft you do not own that is:
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PI-NP-003 (9/03)
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge;
This provision applies to any person, who with your consent, either uses or is responsible for the
use of a watercraft.
This insurance is excess over any other valid and collectible insurance available to the insured
whether primary, excess or contingent.
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ACORDIV CERTIFICATE OF LIABILITY INSURANCE °
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19 2009
1 18 2009
PRODUCER (949) 218-0840 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Global Program Managers 6 Ins. Srvcs
Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
.,
.
Post Office Box 7119 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Capistrano Beach CA 92624-7119 INSURERS AFFORDING COVERAGE NAIC0
INSURED RISURERA PHILADELPHIA INDEMNITY 18058
Orange County Youth Commission INSURER B: TWIN CITY FIRE (HARTFORD) 29459
Post Office Box 1593
INSURERC
NSURER D:
Newport Beach CA 92659-
nnveewn?e INSURER E'
THE P
OLICIES OF N. VI NL.t LIJ I tU BELUW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY
.
REQUIREMENT, TERM OR CONDITION 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 IS SUBJECT TO ALL THE TERMS
EXCL
S
.
U
IONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR
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TYPE OF INSURANCE
POLICY NUMBER POLICY EFFECTIVE
DATE MffifD Y POLICY EXPIRATION
DATE MNUCC 'Y
LIMITS
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ANY PROPRIETORIPARTNERIEXEC UTIVE
OFFICERRAEMBER EXCLUDEDT EL EACH ACCIDENT 9 1,000,000
R ym, 4ssGlba un4ar E. L. DISEASE - EA EMPLOYEE $ 1,000,000
SPECIAL PROVISIONS belay E. L. DISEASE - POLICY LIMIT S 1,000,000
OTHER
DESCRIPTION OF OPERAT)NSILOCATONSNEHICLEVE%CLUSIONB ADDED BY ENDORSEMENTISPECIAL PROVISIONS
IN THE EVENT OF NON-PAYMENT OF PRENION, ONLY TEN (10) DAYS NOTICE WILL BE GIVEN.
CERTIFICATE HOLDER
nvn
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
( ) ( ) EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TD NAIL
030 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT
CITY OF SANTA ANA
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON ME
CDA - M76
INSURER ITS AGENTS OR REPRESENTATIVES.
1000 E. SANTA ANA BLVD., #200 AUTH EPREBENTATVE
SANTA ANA CA 92701- (rte I&A14C #OC6 r0$
ACORD 25 (2001108)
0 ACORD CORPORATION 1988
?+v INS025 (oiw) ol ELECTRONIC LASER FORMS, INC. -1800)93]-0Sa5 Pp 1 d2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
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v6,w; INS025 tmoaim Pays 202