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Home My WebLink AboutORANGE COUNTY CONSERVATION CORPS (5) - 2012 City of Santa Ana tA7fr Clerk of the Council ... Al2EEMEt4T TERNAINAT1C)N FORM _.-..__.._.___. .._..___...____...__�...__....__..._...___.__. COTC Office Use Only • Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. • Return form to the Clerk of the Council Office (M-30). Call -2520 if you have any questions. • The agreement with lV - 0.0 . C.C.ASeefithe c: 'c?1s No. A)1)•••'` was completed on (al �and final payment has been made. (List II amendments. U e space below if needed.) CVA'iS Department: Phone/Ext.: liC4 ! Signature: Date: Revised 04-12-10 A- 2012 -128 .IN RANGE NkT ON FILE AK MAY PROCEED �WL1=RK OF COUNCIL CATS: JUL a 6 2017 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 1St day of July, 2012, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and Orange County Conservation Corps, a non -profit corporation ( "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: 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 Performance Standards "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 Page 1 of 15 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. 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 Page 2 of 15 Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment /Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice /Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month Page 3 of 15 following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIA funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A- 133. CONTRACTOR shall submit one original of each required audit report to CITY within (30) days after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its option withhold payment of funds, or disallow funds or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal 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 Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace 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 Page 4 of 15 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 that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211). U. 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 $250,000.00 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. 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, 2012 and all duties arising under this Agreement shall have been performed by June 30, 2013. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. Page 5 of 15 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, Contractor agree 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. Page 6 of 15 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 execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. Page 7 of 15 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 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 Page 8 of 15 utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. Page 9 of 15 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 (in substantially the form as Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self-certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of Page 10 of 15 cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate CONTRACTORS shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; 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, Page I 1 of 15 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 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, Page 12 of 15 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. Page 13 of 15 XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 CONTRACTOR: Orange County Conservation Corps 1853 N. Raymond Ave, Anaheim, CA 92801 Phone: (714) 956 -6222 Fax: (714) 956 -1944 Attn: Katharyn Bandoni 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney BY:� Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: Paul Walters City Manager Orange County Conservation Corps "CONTRACTOR" BY: �cZ *yl Katha n ni Chief Executive Officer Tax ID #: 33- 0563781 Page 15 of 15 Attachment A (Cover Page) PROPOSER APPLICATION Agency Legal Name Orange County Conservation Corps Agency DBA Charter School Program Name x Agency Address 1853 N. Raymond Ave, Anaheim, CA 92801 Contact Person & Title Katharyn Bandoni, Chief Executive Officer Email kbandoni@hireyouth.ore Telephone # (714) 956 -6222 Fax # (714) 956 -1944 Federal ID Number 33- 0563781 AGENCYSTATUS Public Non -Profit I Cal Recycle Co oration Charter School Private Non - Profit x Years in O eration? 12,144,434 Private for Profit 200,000 Government 1480,000 Other 1 8:00 -12:00 PRIMARY FUNDING SOURCES Funding Source I Cal Recycle I Contracts Charter School OCNEG Proposition 84 - CCC Amount 12,144,434 1500,000 200,000 400,000 1480,000 HOURS OF OPERATION AND DAYS Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Hours 7:00 -5:00 7:00 -5:00 7:00 -5:00 7:00 -5:00 1 8:00 -12:00 None None MY ORGANIZATION WILL OFFER THE FOLLOWING WIA ELEMENTS FOR YOUTH: Tutoring, study skills, training, and instruction, leading to completion of secondary school, including dropout prevention strategies X Alternative secondary school services, as appropriate X Summer employment opportunities that are directly linked to academic and occupational learning X Paid and unpaid work experience, including internships and job shadowing X Occupational skill training, as appropriate, or paid OJT X Leadership development opportunities, which may include community service and peer centered activities encouraging responsibilities and other positive social behaviors during non - school hours X Supportive Services X Adult Mentoring for the period of participation and a subsequent period, not less than 12 months X Follow -up services for minimum of 12 months after the completion of participation X Comprehensive guidance and counseling, may include drug /alcohol abuse counseling X TARGET POPULATION Older Youth X Younger Youth I X I Out -of- School X In- School x # of Youth to be Served in 2012/2013 125 1 Total WIA Funds Requested 1 $250,000 In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of thi RFP and is authorized to contract on behalf of the agency named above. Signature - Title Chief Executive Officer Date Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 I. PROPOSAL NARRATIVE A. Executive Summary 1. Briefly Describe your organization: The Orange County Conservation Corps is a nonprofit, certified local conservation corps, one of 12 certified local conservation corps in California. As a certified local conservation corps, the Orange County Conservation Corps operates under the California Public Resources Code which mandates several program components, including paid work experience, job training, education, life skills and pre- employment training. The Corps must maintain its certification each year through an annual certification review. The Orange County Conservation Corps primarily enrolls, trains, and employs the hardest -to- reach and neediest segment of our youth population. These are the 18 -25 year old out -of- school youth who are primarily high school dropouts, the youth who are or have been homeless and /or runaways, the youth in foster care, the youth who are court involved, and the youth who have had incarcerated parents. They are the youth that fit the description of "at- greater- risk" as defined by the Office of Juvenile Justice and Delinquency Prevention. Ten Percent (10 %) of the Santa Ana WIA participants to be served by this project will be from the following categories of 1) foster youth or emancipated youth 2) probation youth 3) youth with disabilities. Corps Members may remain at the Orange County Conservation Corps for up to two years to earn ... learn... and serve. This gives Corps Members the time necessary to develop the skills to enter the workforce; and the OCCC program provides an opportunity for Corps Members to earn a living through paid work experience, learn job skills and further their education, while they serve the public by completing work projects. 2. Briefly describe how this program fits in with programs currently being offered by your agency:The Orange County Conservation Corps has incorporated a variety of best practices from various state and national models for youth and workforce development to serve this population. The Corps' basic program design has been in place since 1995 and has expanded and enhanced its WIA program services since the inception of WIA funding in 1998. The OCCC's program design provides comprehensive and coordinated activities for at -risk youth to meet and exceed planned expected outcomes in literacy and numeracy gains, attainment of a degree or certificate and placement in employment or post- secondary education. 3. Briefly describe the basic program (indicate the number of youth to be served, which WIA population will be served, activities /workshops, work experience, training, educational resources, work readiness, case management strategies): For PY 2012 -13, the Orange County Conservation Corps proposes to serve 300ut- of- SchoolSanta Ana WIA eligible youth with the legal right to work; are low- income; a high school dropout; or, a high school graduate /GED recipient that is basic skills deficient, or is unemployed or underemployed. Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 The OCCC will recruit and serve older Out -of- School youth primarily between the ages of 18- 21. The Corps' program design will combine work and school in a structured, supervised, forty - two (42) hour work/school week. In the community: WIA participants will be involved with work projects; paid work experience; educational field trips; work related field trainings; participation in community events and youth oriented groups, meetings, and events. In the Classroom: Orange County Conservation Corps' charter school will provide high school diploma instruction; vocational and occupational skills training; life skills, pre - employment skills, etc; specialized trainings (CPR/First Aid, Forklift, Chainsaw certification, etc.); safety demonstrations, leadership development, support services and educational topics (health, substance abuse, financial literacy, etc.); and instill the participants with a sense of community service and pride. 4. Indicate the planned outcomes and how they will meet performance goals: The Orange County Conservation Corps will meet or exceed established WIA outcomes as follows: Entered Employment or Post - secondary Education Rate -65 %; Diploma/Certificate Rate- 61 %; Literacy/Numeracy Rate -40% 5. Disclose the total funding request. $250,000 6. Indicate which of the 10 WI A elements the program will offer (all 10 elements not required): Tutoring, study skills training, and instruction leading to completion of secondary school, including drop -out strategies; Alternative secondary school services; Paid and unpaid work experience; Occupational skill training; Leadership development opportunities; Supportive services; Adult mentoring; Follow up services for a minimum of 12 months after completion; Referrals for comprehensive guidance and counseling (i.e. substance abuse, legal, medical, family) B. Program Description 1. Describe the program in its entirety from July 1, 2012 to June 30, 2013 The Orange County Conservation Program is a transitional work/school program that combines work and school daily in a structured, supervised program, inclusive of the following program components: • Provide jobs for thirtySanta Ana youth as they are hired by the Corps to complete various work projects; • Meet /exceed the WIA outcomes for entered employment or education, credential attainment, and skill gains as outlined by the Santa Ana Youth Council; • Youth who are unemployed and out of school will be enrolled into the Orange County Conservation Corps' Charter School to earn their high school diploma or GED; • Provide "soft" and "hard" occupational skills training needed to complete Orange County Conservation Corps' work projects (i.e. landscaping, construction, recycling); • Provide "soft" and "hard" skills training to other work and school opportunities post - Orange County Conservation Corps; 2 Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 • Provide multiple work and educational experiences that will allow youth to seek a variety of career and educational choices and opportunities • Provide paid work experience, trainings, and certificates to develop and /or improve their resumes for future employment; • Develop and maintain a portfolio that highlights their work/school /credential accomplishments to use in seeking employment post- program • Complete high school credits to earn a high school diploma through the Orange County Conservation Corps' Charter School; • Improve basic skills and improve at least at least two grade levels on a standardized tests (i.e., STAR, TABE); • Practice and prepare to pass the CA High School Exit Exam; • Earn scholarships for post- secondary instruction; • Develop leadership skills through various crew based and individual trainings; • Transition successfully from the Corps' program into employment and /or post- secondary instruction; • Complete work projects that benefit our local communities and instill a sense of community service and pride in their communities. 2. Indicate the number of youth that will be served:Twenty five (25) Indicate which WIA population will receive the services:Older and /or Out -of- School WIA eligible youth who are Santa Ana residents 4. Indicate the age group that will be served: 16 -21 years old 5.Describe the recruitment plan, indicate how the program will attract and interest youth: The outreach and recruitment plan for this program will target youth most in need and will be recruited through the following: • Outreach to local organizations such as Boy & Girls Club, YMCA • Local school districts and alternative schools • County alternative schools • Probation officers • Youth and Family Resource Center • Word -of -mouth • Job fairs /presentations In addition to the normal recruitment strategies of job fairs, partner networks, and presentations to and referrals from local groups and organizations, the OCCC will employ "street outreach" to recruit the WIA participants. Street outreach entails handing out flyers with the Corp's toll -free telephone number (888.641.2677) and website address (www.hireyouth.org); and interacting with youth where youth "hang out" in parks, malls, food courts, week -end community events, and even walking local neighborhoods. Historically the Corp's most effective recruitment Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 strategy has been referrals from former and current Corps Members, their family, and friends, as well as through advertisements in such periodicals as the PennySaver. 6. How will your agency ensure that 75% of youth are enrolled by the second quarter of the program year (December 31, 2012: The Orange County Conservation Corps recruitment plan is as follows: Month: I Jul- Sep 12 Oct -Dec 12 Jan -Mar 13 Apr-Jun 13 Totals Enrollments. 8 9 8 0 25 Carry -in: 3 0 0 0 3 Total Served: 28 The Orange County Conservation Corps will carry -in three WIA participants andwillenroll sixteen WIA eligible participants before the end of the second quarter of the program year. More than 68% of total enrollments (17 of 25) for PY 2012 -13 will be enrolled before the end of the second quarter. The remaining eight youth will be enrolled before the end of the third quarter of the program year. 7. Describe the services that will be provided to the participants and the agency that will be responsible for providing those services Program Activity Duration OCCC Staff Responsible Outreach/Recruitment Ongoing - open entry • Orientation Specialist • WIA Program Specialist Eligibility Ongoing • WIA Program Specialist Intake One -week Orientation as needed . Orientation Specialist (generally bi- monthly) • WIA Program Specialist • Charter School Teachers Assessment . WIA • WIA Program Specialist • Education • Charter School Teachers Case Management Ongoing • WIA Program Specialist • Director of Programs Program Services • Crew Supervisor • Paid work • 24 months max • 4 Teachers, 1 Tutor experience • Corps -2- Career Specialist • Charter School • until diploma rec'd . WIA Program Specialist • Transition Skills • 8 -13 weeks • Completion • 60 days • Tutoring Placement in Jobs or • 60 -day program completion • Corps -2- Career Specialist Continuing Education . Follow up services • Program Specialist Follow up & Retention Minimum 12 months • Program Specialist & Corps -2- Career Specialist 4 Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 8. Describe how the program will lead to a pathway of self - sufficiency: The Orange County Conservation Corps will enroll the neediest at -risk youth as designated by the Santa Ana Youth Council, those who need to learn how to work and go to school The Corps is a six to twelve month comprehensive program with various components and strategies designed to guide and support youth into being employable, trainable, self - sufficient adults. The program's support services and paid work experience will help the youth to stabilize their lives and help them deal with the many issues they face on a daily basis so they can first maintain their employment and education program. Once the youth become stable and are able to maintain employment and education, they will continue to be assisted in furthering their education, improving their work skills, and seeking better employment post - corps, leading to a life of self - sufficiency. 9. Describe how the program includes opportunities for participants to gain work experience and receive compensation whether through payroll, stipends, incentives:As a part of their training, Corps Members are placed in on- the -job training, and they are paid for the work they do. These paid work experience placements have been developed by the Corps to assist local cities, county agencies, and other nonprofit agencies with their conservation needs. The Orange County Conservation Corp work projects are environmentally -based and benefit the community. Funding for these work projects are provided through the California Department of Resources Recycling and Recovery Division of Recycling, National Emergency Grants, as well as individual and corporate contributions, contracts with the Orange County, Anaheim and Santa Ana WI13s, and fee - for - service projects such as the Irvine Recycling Center. The Orange County Conservation Corp serves as the employer of record and has years of experience handling the payroll for the Corps Members. Paid work experience is a major component of Orange County Conservation Corps; and the funding agencies require accurate accounting for all expenditures as well as documentation of skill achievement. On- the -job training allows the Corps Members to earn an income and at the same time they are trained in new work skills, develop a work ethic, learn responsibility and demonstrate leadership skills. 10. Indicate how the program uses innovative teaching strategies to improve numeracy and literacy:WIA Participants will meet daily with certificated teachers for a total of ten hours per week of in -class instruction and tutoring to deliver academic assistance to raise the skill level of basic skills deficient youth. The Orange County Conservation Corps' Charter School delivers its academic instruction knowing that most WIA Corps Members' basic academic skills are below the 8th grade. In addition to classroom based instruction, other assistance provided may be: field based, on -line, individual, small /large group, crew - based, using demonstrations, lectures, packets, guest speakers, and individual research 11. Describe how the program assists youth in attaining employment or entering post- secondary education: Employment services provided through the Corps -2- Career class lead to occupations in high growth/high demand industries. WIA Corps Members in the Corps -2- Career class use the O *NET Interest Profiler TM compatible with Holland's R- 1- A -S -E -C Interest 5 Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 Structure (Holland, 1985) to assess their career occupational interest. Based on the obtained results, the WIA Corps Members research the jobs on O *NET to obtain expected job growth, wages and educational requirements. Subsequently, depending on the training that is needed, Corps Members are referred to ROP, Community Colleges, Apprenticeship Programs and Technical Schools. Additionally, presenters are scheduled from a variety of high- demand industries including green jobs, medical careers, etc. 12 Indicate how the program will connect youth to resources that will help them earn an accredited credential or certificate or diploma:The Orange County Conservation Corps will use a standardized TABE test to determine basic math and reading skill levels. All WIA participants enrolled into the Conservation Corps' Charter School will be issued the California High School Exit Exam ( CAHSEE). The test monitors progress towards meeting the high school exit criteria, academic progress, and literacy and numeracy gains which are required by the charter school. If students fail the CAHSEE test, they will be required to attend tutoring sessions once a week with a Charter School teacher and register with an online program (Skill Tutor) which allows students to self -tutor and improve math and reading skill levels. All WIA participants who do not have a high school diploma or a GED will be enrolled into the Conservation Corps' Charter School to earn the credits necessary for a credential. 14. What is the length of the program? How much time will a youth need to be in this program to get the full benefits? How often will the WIA participant need to attend the program and how often are specific activities offered (daily /weekly /monthly)? The Orange County Conservation Corps' program is an open entry, open exit program; youth may be recruited and enter the program at any time; and they may also exit the program at any time based on individual needs, accomplishments, and abilities. Youth may work for the Corps for a maximum of 24 months as long as they receive satisfactory work/school evaluations and are making progress towards completing individual work and education goals. All program components are ongoing and available on a year round basis. Specialized trainings and workshops are offered at least quarterly. Any youth who stays with the Corps for six months will be able to participate in the full array of services and programs offered by the Orange County Conservation Corps. Corps Members are scheduled to work eight hours per day Monday through Thursday. Orange County Conservation Corps' charter school classes are scheduled daily for (1'/2) hours after work Monday through Thursday and (4) hours on Friday. Week -end or evening activities and events are scheduled as needed. These activities or events offer opportunities to volunteer and /or work in the community. 15. How often will participants meet with agency staff? Will other non -WIA agency staff be providing elements of the program? If so, please describe: Various Orange County Conservation Corps staff members will meet daily with WIA Corps Members to deliver program components. Corps Members will be assigned to work in a crew which is supervised by one of the Corps' Crew Supervisors. The Crew Supervisor will work Monday- Thursday with WIA Corps Members to complete assigned work projects. The Orange County Conservation Corps' 6 Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 charter school teachers will also interact with Corps Members on a daily basis as they attend class five days a week, Monday- Friday. Week -end work/school activities will be scheduled as needed and appropriate. The WIA Program Specialist (case manager) will meet weekly /daily to monitor the participant's progress in meeting their Individual Service Strategy goals, and other work/school /personal issues that may arise. Other Corps staff or interns meet with WIA Corps Members as needed for specialized trainings, workshops, or individualized follow up regarding work/school /personal issues that may arise. 16. Describe how the program interacts and is supported by other (proposer's) agency programs: WIA Corps Members will be assigned to work in a crew which is supervised by one of the Corps' Crew Supervisors. The Orange County Conservation Corps' charter school teachers will also interact with Corps Members on a daily basis as they attend class five days a week, Monday- Friday. Other Corps staff or interns meet with WIA Corps Members as needed for specialized trainings, workshops, or individualized follow up regarding work/school /personal issues that may arise. 17. Describe what supportive services participants will receive: WIA Corps Members will be provided with supportive services such as referrals for legal, medical, substance abuse, health, housing, family /personal guidance and counseling; assistance with tools, books, clothing, other items needed for interviews, job requirements, advanced training, bus passes, and gas cards. 18. Describe how services will be made easily accessible to youth in Santa Ana:To help maintain consistently solid attendance, the Corps provides multiple pick -up points throughout the county, including two in Santa Ana, using passenger vans driven by Crew Supervisors. In addition, both daily and monthly bus passes are made available to corpsmembers at our main facility. Carpooling is also encouraged. 19.Describe the services that will be offered to the youth participant during the month follow -up period after exit? Indicate how participant will attain performance measures during the follow -up period:WIA Corps Members will obtain services from the Corps after they separate from the program as needed. These services include: • Support services; referrals for legal, medical, substance abuse, health, housing, family /personal guidance and counseling; help with tools, books, clothing, other items needed for interviews, job requirements, advanced training, etc. • Corps staff members serve as adults mentors Access to the Corps' computer lab, fax, voice mail, and printer for resumes, applications, financial aid, job search, job retention, on -line services; Transition assistance such as: Job placement / vocational certification / Education opportunities / school enrollment assistance &career guidance On a monthly basis, the WIA Program Specialist will maintain contact the WIA Corps Members via phone, email, or home visits. As needed, Program Specialist schedules appointments to meet WIA Corps Member at the Corps' offices, One -Stop centers, and schools, or at any referral locations where services will be provided. 7 Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 C. Priority Services 1. Demonstrate how the program will include targeted youth groups: The Orange County Conservation Corps primarily enrolls the hardest -to -reach and neediest segment of our youth population. These are the 18 -25 year old out -of- school youth who are homeless, the youth in foster care, the youth who are court involved, and the youth who have had incarcerated parents. They are the youth that fit the description of "at- greater -risk" as defined by the Office of Juvenile Justice and Delinquency Prevention. 2. Demonstrate how the program will include targeted projects:WIA Corps Members research jobs on O *NET to obtain expected job growth, wages and educational requirements. Subsequently, depending on the training that is needed, Corps Members are referred to ROP, Community Colleges, Apprenticeship Programs and Technical Schools. Additionally, presenters are scheduled from a variety of high- demand industries including green jobs, medical careers, etc D. Program Timeline 1. Use a chart, timeline or other organization format to show sequence of events for the entirety of the program: Many program services overlap and occur simultaneously during the program. The Orange County Conservation Corps staff members are cross - trained so that participants can receive services from various program staff if their assigned staff person is not available. Please see Participant flow outlined below: Program Activity Duration OCCC Staff Responsible Outreach/Recruitment Ongoing - open entry • Orientation Specialist • WIA Program Specialist Eligibility Ongoing • WIA Program Specialist Intake three -day Orientation as needed • Orientation Specialist (generally bi- monthly) . WIA Program Specialist • Teacher/Registrar Assessment /Enrollment . WIA • WIA Program Specialist 75% benchmark • Education • Director of Education Case Management Ongoing • WIA Program Specialist • Director of Programs Program Services • Employment • 24 months maximum • Crew Supervisor • Education • Until diploma/certificate • 4 Teachers, 1 Tutor • Training Services rec'd • Corps -2- Career Specialist • Completion • 8 -13 weeks • WIA Program Specialist • Tutoring • 60 days • On going Placement in Jobs or • 60-day program completion • Corps-2-Career Specialist Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 Continuing Education • Follow a services • Program Specialist Follow up & Retention Minimum 12 months follow up on a monthly basis • Program Specialist & Corps -2- Career Specialist E. Goals /Objectives and Performance Levels 1. How will your program meet the WIA performance goals listed below? The Orange County Conservation Corps will attain the following performance goals: a. 65% Placement in Employment or Education b. 61 % Attainment of Degree or Certificate c. 40% Literacy Numeracy Gains 2. Please indicate last _year's performance measures for your agencv: Entered Employment / Education Rate 740 Diploma / Certificate Rate 75% Literacy / Numeracy Rate 76% I Describe how you will monitor program activity and manage for performance:All Santa Ana participants will be assigned to one Program Specialist who will monitor all the WIA Participants on an ongoing basis, including: work, education, and career development. Program Specialist will meet with the Crew Supervisor weekly, will work with participants on their ISS, and will meet with the participant's teacher.The Program Specialist will ensure that the participants who are lacking in any of the above components, the Program Specialist and appropriate staff will meet to discuss and strategize a plan to help participants succeed. 4. How will continuous improvement to the program be measured and conducted ?The Orange County Conservation Corps will utilize the following strategies and activities: WIA satisfactory surveys;WIA Corps Member community meeting monthly; Work sponsor survey evaluation; Monthly internal monitoring days for full staff that relate to program evaluation, mission, planned, etc.; multiple program / grant site reviews and audits for program /grant compliance. F. Facilities 1. State location where program services will be delivered. Program services will be delivered in a variety of venues and locations: • Paid work experience will be at various projects throughout the county depending on the current work project assigned; • All other program services (education, case management, transition services, follow up, etc.) will generally be delivered at the Orange County Conservation Corps' main site in Anaheim. However, staff will visit field projects and make home visits as needed to deliver case management services. Occupational skills training will occur both in the classroom and in the 9 Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 field. Project visits and field trips will be planned to facilitate incorporating work projects with classroom instruction. • Street outreach and other recruitment activities will be delivered in Santa Ana, while interviews will be held at the Anaheim site, as well as the WORK Center as needed; • The Corps provides transportation using crew vans to get to work projects, as well as bus passes and assistance arranging car pools to help Corps Members with transportation issues. 2. Hours of operation The Orange County Conservation Corps offices are open Monday— Thursday from 7:00 am to 5:00 pm and Friday from 8:00 am to noon. Additional week -end and evening hours to be arranged depending on individual participant needs, scheduled events, and activities. 3. Describe what makes your facility youth friendly and suitable for the proposed activities /services.The facility is designed in a regular classroom setting with a certificated teacher assigned to each classroom. All classrooms are equipped with computers and internet access for Corps Member use. Pictures of Corps Member accomplishments and success boards are displayed throughout the facility. There is a case management office with five staff available to work with Corps Members one on one to provide support services needed. A resource area is designated in the facility for Corps Members to access medical, health, leadership council applications, and human resource information. A Corps Members feedback box is available for Corps Members to provide suggestions or request additional services. 4.How will participant access site if not within City of Santa Ana boundaries? Both daily and monthly bus passes are made available to Corps Members at our main facility. Carpooling is alsoencouraged. 5.Is the facility compliant with the Americans with Disability Act (ADA) ?The Orange County Conservation Corps' facility is compliant with the Americans with Disability Act. 6.Discuss how Internet access will be available to program staff. List computer programs /applications used by agency staff? All staff members at the Orange County Conservation Corps have Internet access though a dedicated hi -speed data connection and maintaina computer lab for Corps Member use and training. The Orange County Conservation Corps uses several customized program /grant- specific databases (such as the Virtual One -Stop system), spreadsheets and internally developed forms and custom databases to track a wide variety of program and grant outcomes. Desktop software applications used internally include: 7.Describe how adequate staffing will be maintained to ensure success of this program: This year the OCCC has doubled its capacity this year by purchasing a site in Anaheim to house the recycling program; and renting a new facility dedicated to the OCCC Charter School and special Programs. The acquisition of these properties has also allowed the number of Corps Members to double in size which has subsequently doubled the size the full -time staff to 45. Several staff will be involved in providing services for this project, some in -kind (Teachers, 10 Exhibit A Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 201212013 Transition Specialist, Training Supervisor). Several of the Orange County Conservation Corps staff members are former Corps Members themselves who will serve as valuable role models and mentors. Lastly, one Program Specialist will be assigned solely to this program to ensure its success. 11 Exhibit A Attachment B YSPN MEMBER PERFORMANCE PLAN 2012 -2013 WIA YOUTH POPULATION Youth Population Ages # of Youth to be Served In- School 16 -21 0 Out -of- School 16 -21 25 TOTAL NUMBER OF YOUTH TO BE SERVED' 25 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 75% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER- DECEMBER 31, 2012) Quarter # of Enrollments Estimated Expenditures per Quarter per Quarter performance 1St 10 $53,000 2" (75% Enrollment Required) 11 $55,000 3r L4 4 $67,500 (by Exit or 1St Quarter Follow -Up) 0 $70,000 TOTAL 25 $250,000 PERFORMANCE GOALS /COMMON MEASURES *DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION Performance Category g ry Total # of Youth Multiplied Minimum # of youth to fulfill ' by Performance Rate performance Placement in Employment OR Placement in Post - Secondary Education 25 x 65% = 16 (by Exit or 1St Quarter Follow -Up) Attainment of Degree or Certificate (by Exit or by 3rd Quarter Follow -Up) 25 x 61% = 15 Improved Literacy OR Numeracy 25 x 40% = 10 Exhibit B COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C Table of Contents I. Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement 2. Civil Rights 3. Nondiscrimination laws under WIA 4. How to File Your Complaint B. Criminal Complaints 3 3 3 4 4 5 6 II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERMS 20 s EXHIBIT C I. Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. 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 maybe 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." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA 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: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. I 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. III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C d. 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 If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 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) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. 10 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. 5. The party involved should have the right to be represented (at their own expense) if he /she so desires. Other he /she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing ii 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: 1. 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 a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 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 V 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. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). 15 EXHIBIT C PROCEDURES FOR HANDLING NON - CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA proqrams operated by LWIAs Informal Resolution Process o o Unsatisfactory Decision or LWIA Decision not issued within 60 days w 0 0 a Request for State Review k__1 w 0 Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT C 0 0 17 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 VI. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 17 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. IS EXHIBIT C PROCEDURES FOR HANDLING HANDICAP COMPLAINTS No later than 180 days of alleged discrimination Filed within 30 days of LW IA /State Decision or 90 days from date of initial filing of complaints If no resolution reached Unsatisfactory Decision or No Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C Day 1 Day 145 Day 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual 'joint complaints" are normally investigated by EEOC 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 Conservation Corps Gran e /Contracto Organization w% - Katharyn Bandoni Name of Certifying Official Signature EXHIBIT D Santa Ana WIA Youth Program Program Title Certification Regarding Drug -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. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E 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: July 1, 2012 EXHIBIT E Program Operator DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Katharvn Bandoni Name of Contractor: Orange County Conservation Corps Contractor Number: Date: July 1, 2012 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): 1853 N Raymond Ave, Orange County, Anaheim CA 92801 *U31:1■MA Attachment E Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160 - 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Orange County Conservation Corps Grantee /Contractor Organization Kat a n Bandoni, C F EXECUTIVE OFFICER N e and Title of Official Authorized to Certify On Behalf of the Grantee March 5, 2012 .z Date Exhibit F Budget Form - Attachment C Santa Ana W/A Santa Ana Youth Council FYE13 Exhibit G MCC Match /In Kind $52,730 $9,966 $4,352 $10,880 $4,352 $5,893 $1,088 $1,088 $6,800 $4,307 $43,680 $86,520 $149,216 Administrative Program Total WIA Personnel Salaries (List titles and FTEs)* $21,765 $61,422 $83,187 Benefits* $3,195 $13,479 $16,674 Total Personnel $24,960 $74,901 $99,861 Operating Expenses Rent - Occupancy Related* $1,360 $1,360 Utilities $0 Phones $0 Internet fees $0 Parking fees $0 Security $0 Maintenance $0 Insurance $0 Equipment rental fees* $0 Vehicle lease charges (vehicles may not be purchased) $0 Office expenses (consumables) $0 Accounting Services $0 Legal services $0 Adminstrative Services $0 Indirect costs (attach indirect cost rate plan *) $0 Professional Services $0 Marketing /Membership $0 Finance Charges $0 Staff training $400 $400 Staff travel /mileage $0 Participant Wages* $126,322 $126,322 Support services* $12,750 $12,750 Profit (for profits only) $0 Other (list)* $0 Incentives $5,000 $5,000 Project Transportation $4,307 $4,307 Charter School Total Operating Expenses $0 $150,139 $150,139 GRAND TOTAL (Total Personnel + Total Operating Expenses) $24,960 $225,040 $250,000 Exhibit G MCC Match /In Kind $52,730 $9,966 $4,352 $10,880 $4,352 $5,893 $1,088 $1,088 $6,800 $4,307 $43,680 $86,520 $149,216 Santa Ana WIA Santa Ana Youth Council FYE13 Exhibit G OCCC Match /In Kind $52,730 $9,966 $62,696 $4,080 1 $4,352 1 1 $10,880 1 $4,352 $5,893 $1,088 1 $1,088 1 $4,307 $43,680 $86,520 $149,216 Administrative Program Total WIA Personnel Salaries (List titles and FTEs)* $21,765 $61,422 $83,187 Benefits* $3,195 $13,479 $16,674 Total Personnel $24,960 $74,901 $99,861 OperatingExpenses Rent - Occupancy Related* $1,360 $1,360 Utilities $0 Phones $0 Internet fees $0 Parking fees $0 Security $0 Maintenance $0 Insurance $0 Equipment rental fees* $0 Vehicle lease charges (vehicles may not be purchased) $0 Office expenses (consumables) $0 Accounting Services $0 Legal services $0 Adminstrative Services $0 Indirect costs (attach indirect cost rate plan *) $0 Professional Services $0 Marketing /Membership $0 Finance Charges $0 Staff training $400 $400 Staff travel /mileage $0 Participant Wages* $126,322 $126,322 Support services* $12,750 $12,750 Profit (for profits only) $0 Other (list)* $0 Incentives $5,000 $5,000 Project Transportation $4,307 $4,307 Charter School Total Operating Expenses $0 $150,139 $150,139 GRAND TOTAL (Total Personnel + Total Operating Expenses) $24,960 $225,040 $250,000 Exhibit G OCCC Match /In Kind $52,730 $9,966 $62,696 $4,080 1 $4,352 1 1 $10,880 1 $4,352 $5,893 $1,088 1 $1,088 1 $4,307 $43,680 $86,520 $149,216 Santa Ana WIA OCCC Staff Salaries & Wages (pg 2) $ 52,730 OCCC Santa Ana Youth Council Employer Taxes $ 4,034 Direct Program Expenses FYE 13 Benefits $ 5,273 Subtotal Taxes & Benefits $ 9,966 OCCC Match $ WIA OCCC Charter School WIA 43,680 OCCC Staff Wages/Salaries $ 42,841 Time % Amount Administative Staff Chief Executive Officer K. Bandoni 5% $ 5,980 Office Coordinator H. Brown 5% $ 1,751 Chief Financial Officer T. Huynh 5% $ 5,096 Payroll Specialist S. Cortez 5% $ 1,947 Director of Operations J. Volp 5% $ 3,588 Project Manager J. Newton 5% $ 3,404 Subtotal Admin Staff $ 29,765 Employer Taxes $ 1,969 Workers Compensation $ 326 Benefits $ 900 Subtotal Admin Staff Taxes/Benerits $ 3,195 Total Administrative Expenses $ 24,961 Pro.4ram Staff Director of Program M. Lopez 10% $ 7,072 Senior WIA Program Specialist R. Jimenez 75% $ 31,637 Crew Supervisor TB 75% $ 22,714 Subtotal Program Staff $ 69,422 Employer Taxes $ 5,559 Workers Compensation $ 3,120 Benefits $ 4,800 Subtotal Program Staff Taxes/Benefts $ 13,479 Program Expenses Project Transportation (vehicle, insurance, fuel, repair & maint) $ 4,307 Staff Training $ 400 Occupancy Related (rental, utilities, repair & maint) $ 1,360 Subtotal Program Expenses $ 6,067 Total Program Expenses $ 80,968 Corpsmember (CM) Expenses Average Total hrs/ WIA CM Stipends # of CMs Hourly Rate CM Amount CMs (32 hr /wk x 20 wks) 25 $ 8.00 13,600 $ 108,800 Carry-overs 3 CMs Total Hours /Paid Work Experience 340,000 Employer Taxes $ 8,277' Workers Compensation $ 9,245 CM Stipend Total 28 $ 126,322 Supportive Services /Uniforms 25 $ 510 $ 12,750 CM Incentives /Bonus 25 $ 200 $ 5,000 Subtotal Cms Expenses $144,072 Total WIA $250,000 OCCC Match OCCC Staff Salaries & Wages (pg 2) $ 52,730 Taxes & Benefits Employer Taxes $ 4,034 Workers Compensation $ 659 Benefits $ 5,273 Subtotal Taxes & Benefits $ 9,966 OCCC Match $ - OCCC Charter School $ 43,680 OCCC Expenses (pg 2) $ 42,841 Total OCCC Cash & In Kind $149,217 Exhibit G Santa Ana WIA Santa Ana Youth Council FYE13 MCC Total WIA Project Hours 13,600` Total OCCC Project Hours 150,000 Project %(WIA hrs/0CCC hrs) 9.1% Budget WIA OCCC Fuel Staff Salaries & Wages 3,602 Budget WIA % Direct In -kind 150.00 Chief Executive Officer K. Bandoni 68.00 5% 5,980 5,980 8,613 Office Coordinator H. Brown 5% 1,751 1,751 Director of Programs M. Lopez 10% 7,072 3,536 Chief Financial Officer T. Huynh 5% 5,096 5,096 Payroll Specialist S. Cortez 5% 1,947 1,947 Project Manager J. Newton 5% 3,404 3,404 Operations Director J. Volp 5% 3,588 3,588 Orientation - Field LouAnn 0% - 1,200 CM Recruiter /Trainer A. Palomares 0% - 8,112 Senior WIA Program Specialist R. Jimenez 75% 31,637 10,546 Supervisor TBD 75% 22,714 7,571 Total Staff Salaries & Wages $ 631,051 $ 83,187 $ 52,730 WIA Amount WIA WIA OCCC Operating Expenses: Budne faiN Portion (9.1 ° /a) In -kind Note Administration 120,000 10,880 0% 10,880 Staff training /audit & legal fees Occupancy 60,000 5,440 25% 1,360 4,080 Rent /utilities /phones /occupancy related Finance Charges 12,000 1,088 0% - 1,088 Bank and payroll processorfee Marketing /Membership 65,000 5,893 0% 5,893 Corps membership and marketing campaign Office Expenses 48,000 4,352 0% 4,352 Office supplies Professional Services 48,000 4,352 0% 4,352 CPA/ IT /Consultant contracted services Corps Expenses 75,000 6,800 0% 6,801 Cms tools /safety supplies /uniforms Transportation (see breakdown below) 95,000 8,619 50% 4,307 4,307 Veh lease, veh allocation, fuel, ins, maint Travel & Conference 12,000 1,088 0% - 1,088 Staff mileage and miscellaneous travels Total Operating Expenses $ 535,000 $ 48,507 $ 5,667 $ 42,841 Total WIA Project Hours 13,600` Total OCCC Project Hours 150,000 Project %(WIA hrs/0CCC hrs) 9.1% Exhibit G Budget Monthly 12 months Fuel 300.00 3,602 Insurance 200.00 2,400 Repair & Maintenance 150.00 1,800 Vehicle Lease /Charge 68.00 811 Total 718.00 8,613 Exhibit G 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. [� I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. [✓� We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: [Records accurately reflect actual performance. 2Maintain record confidentiality, as required. OReporting financial, participant, and performance data, as required. QComply with State and Federal fiscal and program activity audits. [Complying with Federal and State non - discrimination provisions. OMeeting requirements of Section 504 of the Rehabilitation Act of 1973. ©Meeting requirements of the American's with Disabilities Act of 1990. (submit attachment F) [Meeting all applicable labor law, including Child Labor Law standards. [Agree to provide a drug free workplace. DAgree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part -time employees) OProcurement policies and procedures are in place and meet federal guidelines. We will not: [✓Place a youth in a position that will displace a current employee. Use WIA money to assist, promote, or deter union organizing. Use funds to employ or train of persons in sectarian activities. [V]Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. [Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. MUse WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. [Use WIA money under this contract to purchase any equipment. 1 hereby assure that all of the above are true. Katharyn Bandoni Chief Executive Officer March 5, 2012 Title AEU Exhibit H Date _ W4 ORANCOU -07 PATRA5 1coR6 CERTIFICATE OF LIABILITY INSURANCE DAT DIYYYY) 7//1 1812 812 012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER License # 0522024 CONT: CT y NAME PHONE., 1 (626) 405 -8031 n/c No .1 (626 }05 -0585 Arc N El Chapman PO Box 5455 Pasadena, CA 91117 -0455 ADDRIESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Great American Insurance Company 1691 INSURED INSURER B: Non Profits United INSURERC: Orange County Conservation Corps INSURER D: 1853 N. Raymond Ave. INSURER E: Anaheim, CA 92801 ,yy A- �Of�l1�° INSURERF: - _ h COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 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 j CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X PAC5154680 -07 7/20/2012 7/20/2013 PREMISES Ea occur ante $ 100,000 MED EXP (Any one person) $ 5,000 X Professional $1 M PERSONAL & ADV INJURY $ 1,000,000 X Abuse $1M GENERAL AGGREGATE $ 3,000,000' GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 3,000,000 POLICY PRO LOC JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 —1 BODILY INJURY (Per person) $ B AN Y AUTO 1560 7/1/2012 7/1/2013 ALL OWNED SCHEDULED AUTOS AUTOS JX BODILY INJURY (Per accident) $ HIRED AUTOS r NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE, DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVEYlN OFFICER /MEMBER EXCLUDED? (Mandatory in NH) NIA NPUWCGO012012 1/1/2012 1/1/2013 X WC STATU- OTH- TORY LIMITS I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000' If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000' DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Santa Ana, its officers, agents, employees and volunteers, and the State of California, its officers, employees, and volunteers are Itional ;insured /Funding Source with respect to the operations of the named insured per the attached CG 2026 endorsement. Such insuranctisf�ilyla Non - Contributory. Workers Compensation coverage excluded, evidence only. Ov�D A +v SIORGK -- L 5sA t City AttOCvie'l CERTIFICATE HOLDER CANCELLATION AS s SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Santa And, Workforce Investment Board 1000 E. Santa Ana Blvd., Ste. 200 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD r I -_ 0694804 GREAT AMERICAN ALLIANCE INS CO Administrative offices CG 20 2 6 E d. 0 7/ 0 4 301 E 4th Street ( ) GRE MERICAN Cincinnati, Ohio 45202 -4201 INSURANCE GROUP tei:5133695000 P o I i c y: PAC 5 15-46-80 0 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHE ame of Person or Organization: THE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, AND THE STATE OF CALIFORNIA, ITS OFFICERS, EMPLOYEES, AND VOLUNTEERS CITY OF SANTA ANA, WORKFORCE INVESTMENT BOARD 1000 E. SANTA ANA BLVD., STE. 200 SANTA ANA, CA 92702 HERE REQUIRED BY WRITTEN CONTRACT, EVISION OF OTHER INSURANCE CLAUSE RIMARY INSURANCE: THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY SUCH ADDITIONAL INSUREDS IS NONCONTRIBUTING WITH THIS INSURANCE 4S RESPECTS LEGAL LIABILITIES OR CLAIMS CAUSED BY, ARISING OUT OF DR RESULTING FROM THE ACTS OR OMISSIONS OF THE NAMED INSURED, OR DF OTHERS PERFORMED ON BEHALF OF THE NAMED INSURED. LL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations; or B. in connection with your premises owned by or rented to you S? As 10 VORM L1SA qty Attorney Assistant C Copyright, Insurance Services Office, Inc., 1984 I CG 20 26 07/04 (Page 1 of 1 )