HomeMy WebLinkAbout25I - AGMT - OJT RECRUITMENT SRVSM01
CITY COUNCIL MEETING DATE:
JANUARY 7, 2014
TITLE:
AGREEMENT WITH NETWORK
KINECTION, LLC FOR ON- THE -JOB
TRAINING DEVELOPMENT SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
Network Kinection, LLC in the amount of $127,376 for a one -year period, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In November 2011, the Department of Labor awarded the City of Santa Ana WORK Center
(WORK Center) $4,997,479 to fund its Bridges to Engineering program, which included a multi -
agency consortium composed of three community colleges, including Santa Ana College; two non-
profits; and three universities, including Cal State Fullerton and UCI. The program, intended to
serve 290 students, was created with the purpose of providing academic and peer support to pre -
engineering students to assist in acquiring an engineering degree. One of the foundational
elements to this program includes an On- The -Job Training (OJT) component, which has been
found to increase the probability of employment when combined with classroom training. The OJT
program will subsidize 50% of the new employee's wages for up to six months to compensate the
employer costs associated with training.
On October 24, 2013, the WORK Center released a Request for Proposal (RFP) for organizations
to develop OJT training opportunities with local businesses for Bridges to Engineering participants
as required by the H -1 B Technical Skills Training grant. Eight proposals were distributed and only
two responses were reviewed and evaluated. The evaluation panel consisted of one member
each from the California Employment Development Division, Rancho Santiago Community College
District, and CDC Small Business Finance. Proposals were reviewed and rated based on the
following criteria: past experience, comprehensiveness of services, and reasonable cost. Network
Kinection, LLC, which is located in Diamond Bar, was selected.
Network Kinection, LLC will be responsible for coordinating the placement of 100 program
participants in science, technology, engineering and math (STEM) related OJT or internship
opportunities with private, engineering and other STEM companies. Responsibilities also include
structuring training plans, preparing and submitting OJT agreements, internship agreements, and
employer reimbursement request documents to the City for review, approval, and processing.
251 -1
Agreement — Network Kinection, LLC
January 7, 2014
Page 2
FISCAL IMPACT
Funds are available in the H -1 B Visa Program account (no. 13218744- 69137).
APPROVED AS TO FUNDS AND ACCOUNTS:
NaYrc Fong, AIC Francisco Gutierrez
Interim Executive irectoor Executive Director `
Community Devel pment Agency Finance & Management Services Agency
N F /CR/kg
Exhibit: 1. Agreement
251 -2
EXHIBIT 1
Contract No.
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this 7a' day of January, 2014, 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 Network Kinection, LLC dba
MikeMarinoff,com ( "CONTRACTOR ").
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
increase training opportunities for unemployed individuals. One goal of California's Workforce
Investment System is to provide the opportunities to find retain, or advance their employment.
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 prograin 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 ", attached hereto and by this reference incorporated herein:
Develop On- The -Job Training and internship agreements with local private, engineering and
other science, technology, engineering and mathematics (STEM) companies on behalf of the Santa Ana
WORI{ Center to structure work based teaming training opportunities for 100 Bridges -to- Engineering
Program participants.
251-3 Page 1 of 15
CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B, CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ( "participants ") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220.
C. CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. RESERVED
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 WW', attached hereto as "Exhibit B" 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 tinder
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 tinder 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
terns 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.
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CITY, the State of California and the United States government and /or their
representatives shalt 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
Goverranent 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 InvoiceNoucher form, showing in detail the amount of money already expended by
CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be
supported by such source documentation such as cancelled checks, paid bills, payrolls, time and
attendance records, contract and subgrant award documents [29 CFR- Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above- stated documents to the WIB Administrative Office, 1000
East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month
following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail
to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving
CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY
excess revenues over costs or use such excess revenues as program income by utilizing such program
income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
251-5 Page 3 of 15
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 kinds 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 Park 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit C," 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
certification as set forth in "Exhibit D" 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 f<rmily support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
T. CONTRACTOR agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CFR part 101.0 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
251-6 Page 4 of 15
published at 73 Fed.Reg. 78132 on December 19, 2008.
H.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed One Hundred Twenty Seven
Thousand Three Hundred Seventy Six Dollars ($127,376.00) for CONTRACTOR'S performance in
accordance with the payment schedule attached hereto as "Exhibit E" during the period of this
Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as
provided hereinabove.
B. CITY agrees to provide for on -site monitoring reviews of said program
operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will
be conducted.
C. CITY has the right to de- obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on January 7, 201.4, and all duties arising under this
Agreement shall have been perfonned by January 6, 2015. The term of this Agreement may be
extended by a writing executed by the Executive Director of the Community Development Agency and
the City Attorney.
IV.
INDEPENDENT CONTRACTOR
CONTRACTOR 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, ajoint venture relationship, or to allow the
CITY to exercise discretion or control over the professional manner in which CONTRACTOR
performs the services which are the subject matter of this Agreement; however, the services to be
provided by CONTRACTOR shall be provided in a manner consistent with all applicable standards
and regulations governing such services. CONTRACTOR 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.
251-7 Page 5 of 15
B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees
or contract personnel Erred 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 A) 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 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.
2. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
3. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
4. 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 accotnting and use of funds under this Agreement for a three -year period
from and after the effective date of this Agreement.
5. 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.
6. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
7. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit F" and incorporated herein.
8. 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
251-8 Page 6 of 15
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."
9. 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.
10. 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.
11. 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.
12. 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.
13. 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).
251-9 Page 7 of 15
B. Copyright Policy,
1. Unless otherwise provided in the tenns 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. nights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
14. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]; Section 508 of the Clean Water Act (33 USC. 1368); Executive Order 11738 and
Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be
hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of
Violating Facilities;
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
1. General Assurance, Every reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
2. Em�plovment 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 (2) years following the termination of such employment.
251-10 Page 8 of 15
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 or voting or non - voting member of a WIB, will solicit or accept money or any other
consideration from a third person, for the performance of an act reimbursed in whole or part by
CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement
funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of
the WIB will cast a vote on the provision of services or vote on any matter which would provide direct
financial benefit to that member or any business or organization which the member directly represents.
6. Salary and Bonus Limitations. All subrecipients of WIA program funds are required to
comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109 -149, Section 7013.
VII.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
employees or subcontractors.
B. CONTRACTOR shall indemnify and save hanuless 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.
C. Both parties to this Agreement shall agree to defend, indemnify, and hold
harmless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost,
and expense arising out of any liability or claim of liability, sustained or claimed to have been
sustained, arising out of activities, or the performance or nonperformance of obligations under this
Agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers.
251-11 Page 9 of 15
The provisions of this Article do not apply to any damage or losses caused solely by the negligence of
the non - indemnifying party or any of its agents or employees.
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 insurance shall be endorsed to
provide to CITY and to the State of California, Employment Development Department, at least thirty
(30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and
volunteers, and the State of California, its officers, employees, and volunteers as additional insured;
and state that such coverage is primary to any other coverage or self - insurance of the State of California
and CITY. Governmental entities may substitute a certificate of self- insurance.
2. Automobile Liability Coverage CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 limit tmless reduced by CITY, which applies to both owned /leased and non -owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned /leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
agents as self - certification of automobile insurance coverage. Governmental entities may substitute a
certificate of self - insurance.
3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage .for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carrymedical 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.
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IX.
CORPORATESTATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR under the terms of this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1, The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terns 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
251-13 Page 11 of 15
embodied herein, and that no other agreement or amendment hereto shall be affective 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 Federal approval, and funds received or obligated from the Department of Labor 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,
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 concealing 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
2 51 -1 4 Page 12 of 15
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order,
XVII.
BREACH - SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all
amounts due CITY as a result of CONTRACTOR's violation, For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
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: Network Kinection, LLC
c/o Mike Marinoff
1142 S. Diamond Bar Blvd #160
Diamond Bar CA, 91765
Telephone: (714) 305 -2311
Telefacsimile: (714) 549 -8109
2 51 -1 5 Page 13 of 15
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.
251 -16 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
in
Lisa E. Storck
Assistant City Attorney
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
am
David Cavazos
City Manager
"CONTRACTOR'
Network Kinection, LLC
By:
Michael Marinoff
Executive Director /Chief Operating Officer
Tax ID #:
251 -17
Page 15 of 15
Bridles- to- Eneineerine On The Job Trainine
Scope of Work
Develop On- The -Job Training and internship agreements with local private, engineering and other
science, technology, engineering and mathematics (STEM) companies on behalf of the Santa Ana
WORK Center to structure work based learning training opportunities for Bridges -to- Engineering
program participants,
1. Develop OJT and internship placements for 100 program participants. The Santa Ana WORK
Center will determine which participants will receive OJT, and which participants will receive
internships based on program needs and requirements.
2. Recruit local private businesses to develop Engineering and other STEM related OJT and
internship agreements on behalf of the Santa Ana WORK Center.
3. Collect and review all OJT and internship related documentation and submit to Santa Ana
WORK Center for review, approval, and processing, including:
a. OJT Contract Documents (Attachment I)
Three original signed copies of agreement are to be submitted. Once agreement is
approved by the City of Santa Ana, a copy of the agreement and OJT Invoice Forms will
be mailed to the employer.
b. OJT Employer Reimbursement Invoice (Attachment II) and supporting documentation
including timecards, payroll registers, and cancelled checks. Payment requests by the
OJT employer are to be submitted to the Santa Ana W /O /R/K Center on a billing cycle
agreed to by both the employer and the OJT Program Coordinator (monthly is preferred);
using the City of Santa Ana OJT Invoice form. OJT invoices must represent
reimbursement requests for hours worked in specified time periods which should
coincide with the regular payroll schedule of the OJT employer. However an OJT
employer may not request reimbursements more often than on a monthly basis. Note: A
defined work week may not exceed more than 40 working hours. OJT reimbursements
requests must not reflect hours for company paid holidays, comp time, over time or sick
leave or any time above a 40 hour work week.
c. Internship Documents (Attachment IIl)
4, Submit monthly progress reports.
This project will be conducted in a manner that is consistent with the provisions of the Workforce
Investment Act and other provisions found in the H -1B Technical Skills Training grant.
a Poe
PROJECT TIMELINE
Enrollment Goal:
The enrollment goal is 100 placements of program participants.
Month
Cumulative Placements
January
0
February
- --_ -- -- 8
March
18
April
26
May
36
June
44
July
54
August
64
September
72
October
82
November
90
December
100
PROGRAM PARTICIPANT PLACEMENTS
120
100 -i --
80
60
40 __._. __._._ ___. ___ ___..._ --- CUmlllativePlacements
20 - --
i
0 - - -:
P ��,oeo4�ooe,¢`��.pe�
F SyRw �yo Qe
Employer Recruitment Goal:
The employer recruitment goal is 20 to 25 companies for the 100 placements of program participants.
261Iglla
ATTACHMENT
1. Pre Award Survey
2, OJT Agreement Template
3. Exhibit A: Training Plan
4. Exhibit B: Assurances
5. Exhibit C: Insurance commercial /workers comp for 1,000,000 with Additional Insured
Endorsement naming City of Santa Ana as Additional Insured. Insurance must be approved
by City Attorney prior to commencement of OJT.
6. Exhibit D: Drug Free Workplace Form completed and signed
7. Exhibit E: Debarment Certification signed
S. ADA Survey
9. Grievance Procedures
10. W9 and W9 Request Forms
251 -20
On the Job Training Pre Award Survey
BUSINESS NAME:
ADDRESS:
STATE TAX I.D. #_
FEDERAL TAX I.D. #
YES NO
1.
The business does provide worker's compensation coverage.
❑
❑
Policy Number:
2.
The business does provide General Liability Insurance in the amount of
❑
❑
One Million Dollars ($1,000,000). Policy must identify the City of Santa Ana as
the certificate holder.
3.
The system used for business accounting does document cash received, state and
❑
❑
federal tax withholdings, FICA deductions.
4.
The business has not been cited for any health, safety, wage and hour, or child
❑
❑
labor violations during the past 12 months.
5.
The business maintains a grievance and /or complaint handling procedures for
❑
❑
employees.
6.
The prospective OJT client is not a former employee of the business.
❑
❑
7.
Wages for the planned OJT position are wages comparable to similar positions.
❑
❑
8.
A written job description for this position is on file.
❑
❑
9.
Union concurrence has been obtained. ❑NA
❑
❑
10.
Business license is current,
❑
❑
11. The business does not have a history of failing to provide OJT participants with ❑ ❑
continued long term employment.
12. The business has not had any employees laid off in the past 6 months. ❑ ❑
13. The business is financially stable and has the means to train and pay for the ❑ ❑
prospective OJT employee.
The employer stipulates and agrees by signing below that the establishment in which on- the -job
training will be given:
(1) Has not been moved from any previous location less than 120 days prior to the effective date of the
OJT contract.
(2) Is not a branch, affiliate or subsidiary of a business entity in another location which has, at any time
subsequent to the date of the OJT contract, relocated or expanded so as to cause an increase in
unemployment or the closing down of operations in which the entity conducts business operations,
TOTAL WORKFORCE #
Employer
Date OJT Coordinator /Case Manager Date
Carlos de Is Rive Date
Economic Development Specialist
CONTRACT RECOMMENDED: YES ❑ NO ❑
Date
251 -21 Rev. 8/2012
Agreement No,
ON -THE -JOB TRAINING AGREEMENT
UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT is made and entered into this DAB' day of MONTH, YEAR
between the City of Santa Ana, a charter city and mmiicipal corporation duly organized and
existing under the Constitution and laws of the State of California (hereinafter "CITY ") and
COMPANY NAME (Hereinafter "EMPLOYER ").
WITNESSETH
Recitals:
A. CITY has been designated a Local Workforce Investment Area ( "LWIA ")
pursuant to Section 116 of the Workforce Investment Act ( "WIA "), P.L. 105 -220, 29 USC
Section 2801, to receive federal founds to promote effective delivery of job training services to
local area residents.
B. The State of California has created the California Workforce Investment Board
pursuant to Section 111 of the Workforce Investment Act, P.L. 105 -220, 29 USC 2821 to
administer the WIA programs operated by the State of California.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to
prepare eligible unskilled youth, adults and dislocated workers for entry into the labor market,
and to provide job training to those individuals who 'face serious barriers in obtaining productive
employment ( "said Program ").
D. EMPLOYER is able and willing to train eligible unskilled applicants for entry
into the labor market and is willing to operate said program pursuant to the WIA and applicable
federal, state and local laws.
WHEREFORE, for and in consideration of the respective and muwal covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the
parties hereto do hereby agree as follows:
Tenn. The effective term of this Agreement is for the period beginning START DATIE,
and ending END DATE. The teen of this Agreement 'maybe extended upon agreement
of all parties and execution of an amendment of the term.
2. Scone of Work. The EMPLOYER shall employ and train one employee (hereinafter
"Trainee ") in the occupation and in accordance with the OJT Training Outline set forth in
Exhibit A, attached hereto and incorporated herein by this reference.
251 -22
Said Trainee shall be referred by the City of Santa Ana W /O /R/K Center. Training must
significantly raise the Trainee from his /her prior position in both level of skill and salary
by the end of the training period.
3. Fun in . CITY shall reimburse the EMPLOYER an amount not to exceed $DQLLAR
AMOUNT in accordance with the Cost Computation included in Exhibit A.
EMPLOYER shall bill the CITY monthly on an invoice provided by CITY for actual and
reasonable cost for providing the services described in this Agreement. Reimbursement
of EMPLOYER under this Agreement shall be limited to the costs incurred during the
basic work week, excluding overtime and any paid holidays or sick leave.
4. Subcontracting Prohibited. The EMPLOYER shall not subcontract or assign the OJT
Training. Any attempt by the EMPLOYER to delegate or assign OJT training duties
under this Agreement shall void, and permit CITY to immediately terminate, this
Agreement.
5. Employer Obligations. During the training, the EMPLOYER shall ensure that the
Trainee:
a. is on the EMPLOYER's payroll, not paid as a contracted employee /independent
contractor; and,
b. receives the same benefits as EMPLOYER's other employees performing similar
work; and,
C. is paid the salary as indicated in Exhibit A with appropriate payroll taxes withheld
and reported; and,
d. is provided Worker's Compensation Insurance coverage, pursuant to state law;
and,
e. is provided by EMPLOYER with safety instructions and equipment necessary for
reasonable protection against injury and damage. CONTRACTOR shall maintain
appropriate standards for health and safety in work and training situations. Where special
clothing or equipment is provided to the EMPLOYER's regular employees, EMPLOYER
shall provide the same type of clothing or equipment to the Trainee performing similar
work.
6. Employment of Trainee. The EMPLOYER shall employ the Trainee as a regular
member of EMPLOYER's work force. If EMPLOYER wants to continue to employ the
Trainee upon the successful completion of the training period under this Agreement, said
employment shall be subject to the same conditions of employment applied to
EMPLOYER's other regular employees, including termination for unsatisfactory
performance.
2
251 -23
7. Patent. Copyrights and Rights in Data. The EMPLOYER 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 EMPLOYER. Upon written request, EMPLOYER will
transfer all pertinent information, specifications and right, title and interest to the
designated agency.
8. 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 rights in 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).
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 EMPLOYER 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
piuposes: (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 EMPLOYER
purchases ownership with grant support; and (c) EMPLOYER 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.
9. Hold Harmless. The EMPLOYER shall indemnify, defend and hold harmless CITY, and
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 indemnify, defend and hold harmless CITY, and its officers, agents
and employees, from any and all claims, demands, suits, actions or proceedings of any
kind or nature, including, but not limited to, workers' compensation claims, resulting
251 -24
from or arising out of the negligent acts, errors or omissions of EMPLOYER, its
employees, agents or subcontractors.
10. Insurance. The EMPLOYER shall obtain at its sole cost and file with the City of Santa
Ana — Santa Ana W /O /R/K Center, upon execution of this Agreement, and maintain for
the period covered by this Agreement, a policy or policies of commercial general liability
insurance or a certificate of such insurance, satisfactory to the City Attorney of CITY,
naming CITY, and its officers, agents and employees, as insured or additional insured
(see attached Additional Insured Endorsement, Exhibit C), which provides coverage not
less than that provided in the form of a comprehensive general liability insurance policy
against liability for any and all claims and suits for damages or injuries to persons or
property resulting from or arising out of operations of EMPLOYER, and its officers,
agents, or employees. Said policy or policies of insurance shall provide coverage for
both bodily injury and property damage in no less than One Million Dollars ($1,000,000).
Said policy of comprehensive public liability insurance shall be endorsed to provide to
CITY and to the State of California, Employment Development Department, at least
thirty (30) days written notice prior to cancellation; name CITY, its officers, agents,
employees, and volunteers, and the State of California, its officers, employees, and
volunteers as additional insured; and state that such coverage is primary to any other
coverage or self - insurance of the State of California and CITY. Governmental entities
may substitute a certificate of self- insurance.
11. Record Keeain . 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 EMPLOYER'S activities, performance, books, documents, papers, and
records of EMPLOYER'S 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 fiinded hereunder are conducted
or in which any of the records of EMPLOYER 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 EMPLOYER does not make the above- referenced documents available
within the City of Santa Ana, California, EMPLOYER 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 EMPLOYER and all
documents related to this Agreement shall be kept available at the location where
EMPLOYER 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,
4
251 -25
shall be retained beyond the three (3) years until resolution of disposition of such appeals,
litigation, claims, or exceptions,
12. Government Funding. This Agreement is valid and enforceable only if sufficient funds
are made available to the State by the United States Government for the same Fiscal Year
as for this Program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by Congress or any statute enacted by Congress which
may affect the provision, terms or funding of this Agreement in any manner.
13. Payment Cap, City's OJT payments to EMPLOYER shall not exceed a maximum of
fifty percent (50 %) of the wages paid by EMPLOYER during the training period
specified in Exhibit A.
14. Amendment of Agreement. No alteration or variation of the terms of this Agreement
shall be valid and /or binding unless made in writing and signed by both parties. There
are no oral understandings or agreements between the parties.
15. Breach/Sanctions. If, through any cause, EMPLOYER violates any of the terms and
conditions of this Agreement, or if EMPLOYER reports inaccurately or if any Audit
Report makes disallowances, EMPLOYER shall promptly remedy its acts or omissions
and /or repay CITY all amounts due CITY as a result of EMPLOYER'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 EMPLOYER 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 EMPLOYER has failed
to repay same or a repayment schedule has not been made; and /or (3) terminate this
Agreement by giving written notice to EMPLOYER of such termination in accordance
the notice provision in Paragraph XVIII herein below.
16. Termination. Either party may tenninate this Agreement upon thirty (30) days prior
written notice to the other party. However, the CITY may immediately terminate this
Agreement at such time as funds are not made available to CITY through the United
States Department of Labor or the State of California Employment Development
Department for the purpose of carrying out this Agreement.
17, Independent Contractor. The EMPLOYER, and any agents and employees of the
EMPLOYER, in the performance of this Agreement, shall act in an independent capacity
as independent contractors and not as officers, employees, or agents of the CITY. This
Agreement is not intended nor shall it be construed to create an employer - employee
relationship between EMPLOYER and CITY, nor a joint venture relationship. The
EMPLOYER shall not subcontract in the name of the CITY.
18. Equal Employment Opportunities. The EMPLOYER warrants that it will comply with
Title VI of the Civil Rights Act of 1964, . and the requirements relating to equal
employment opportunities set forth in Executive Order No. 11246, as amended by E.O.
251 -26
11375 and supplemented by the requirements of 41 CFR Part 60. EMPLOYER will also
comply with all applicable federal and state laws and regulations, and particularly those
assurances and certifications set forth in Exhibit B attached hereto and by this reference
incorporated herein.
19. Prohibitions. The EMPLOYER shall not use any of the training fiords provided under
this Agreement for political or sectarian activities.
20. Grievance Procedure. The EMPLOYER shall continue to operate, or shall establish and
maintain a grievance or complaint handling procedure relevant to the terms and
conditions of employment and the EMPLOYER's activities and programs, which shall
meet at a minimum the requirements set forth in Section 101 (31) of the Act and 663.700-
710 and regulations promulgated by the State or Federal Govenunent. Employers that do
not have a grievance or complaint handling procedure shall use the procedures prescribed
by the CITY.
21. Guidelines. The CITY shall make the WIA applicable federal regulations and policy
guidelines available to EMPLOYER at CITY — W /O /R/K Center, 1000 E. Santa. Ana
Blvd., Suite 200, Santa Ana, California 92701, The CITY shall also inform the
EMPLOYER of changes in the WIA regulations or policy guidelines if such changes
affect the operation of this Agreement.
22. Drug Free WoLkTlace. The EMPLOYER agrees to provide a drug -free work place and to
execute a certification as set forth in Exhibit D attached hereto and incorporated herein by
this reference.
23. Notices. All notices, reports and correspondence between the parties hereto respecting
this Agreement shall be in writing and deposited in the United States mail, postage
prepaid, addressed as follows:
CITY:
City of Santa Ana — Santa Ana WORK Center
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
Attention: WORK Center Director
BUSINESS NAME.
ADDRESS
CITY, STATE ZIP
ATT: NAME
251 -27
24. Debarment. To protect the public interest and ensure the integrity of Federal programs,
CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded
from or ineligible for participation in Federal assistance programs under Executive Order
12549, "Debarment and Suspension ", See also 29 CRP Parts 97.35 and 98.510.
EMPLOYER must review and sign Exhibit E "Debarment ", which is attached hereto and
incorporated herein by this reference.
24. 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.
25. 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.
26, Miscellaneous Provisions.
a. Each undersigncd 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.
7
251 -28
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. Cawalho
City Attorney
By: Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nancy Fong, AICP
Interim Executive Director
Community Development Agency
CITY OF SANTA ANA
David Cavazos
City manager
EMPLOYER:
NAME c 17 BUSINESS.SIGNATORY
TI'T'LE .
Tax ID#: TAX ID
8
251 -29
I.
II.
c3
GENERAL
1. Name of OJT Employer: _
2. Address of OJT Work -site:
3. Phone Number:
C!
5.
6.
7.
8.
TRAINING PLAN
Training Supervisor:
Name of OJT Trainee:
Application Number of Trainee:
Grant/Program:
Proportion of trainees /employees: (at time Agreement entered into)
a. Total number of employer's regular employees
C. Cumulative number of trainees currently in OJT
OCCUPATION AND ON- THE -JOB TRAINING OUTLINE:
1. Occupation:
2. Length of Time in Business:
3. ONET Code: SVP Level:
4. Hourly Starting Wage:
Start Date: End D
Hours
S. State and Federal Tax I.D.: State:
Federal
6. Basic Work Week Hours:
251 -30
Exhibit A
I
7. Outline of On -the -Job Training Plan and Method of Assessment:
ELEMENTS OF TRAINING
HOURS OF TRAINING
Measurement Method: Q & A, task observation and inspection. Goal is to aehleve rate of proftclency
within ffistMonth and a half a tradnin .
Measurement Method: Q & A, task observation and inspection. Goal Is to achleve rate of proflelency
within subse acts three and a half tunnilm
Measurement Method: Q & A task observation and inspection. Goal is to achieve rate of profteiency
roitldn subsequent three and a half nnonths.
3.k
Measurement Method: Q & A task observation and inspection. Goal Is to aeldeve rate of proficiency
within subse net three and a half months,
RATING LEVELS:
Measurement method: how will it be determined if OJT ,participant acquired the skill? Q &A, observation,
product review/inspection, etc.
PROFICIENT MODERATE
MARGINAL
II. COST COMPUTATION
Hourly Reimbursement: $0 (50% of $00)
Training Hours: 000
Cost Per Traince (Hourly Reimbursement X Training Horns)
III. Person(s) authorized to sign payment invoices for EMPLOYER;
Print Name Signature Title
Print Name
Signature
Title
251 -31
Date
Date
2
ASSURANCES
A. The EMPLOYER assures that:
It will comply with the requirements of the Workforce Investment Act (WIA), the California
Unemployment Insurance Code, as amended, and the regulations and policies promulgated
thereunder.
2. No OJT participant displaces a regular employee nor shall an OJT participant fill a position of a
person who has been laid off from the same or similar position.
No current employees are receiving unemployment insurance benefits as a result of layoffs or
work reductions.
4. No person in the United States shall on the grounds of race, color, sex, religion, national origin,
age, disability, sexual orientation, or marital status be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity for
which the applicant receives federal financial assistance and will immediately take any measure
necessary to effectuate this Agreement.
5. It will comply with provisions of the Hatch Act, if applicable, which limits the political activities
of employees.
6. Individuals receiving training on the job shall be compensated by the EMPLOYER at such rate,
including periodic increases, as may be deemed reasonable under regulations prescribed by the
Secretary of Labor, but in no event at a rate less than that specified in Section 6 (a) (1) of the pair
Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage
law.
Services and activities provided tinder this Agreement will be administered by or under the
supervision of the EMPLOYER.
No relative by blood, adoption or marriages of the EMPLOYER may be trained under this
Agreement.
Appropriate standards for health and safety in work and training situations will be maintained.
10. Conditions of employment or training are appropriate and reasonable with regard to the type of
work, the geographical region, and the proficiency of the trainee.
11. Training will not be for any occupation which requires less than six weeks of training according
to the Specific Vocational Preparation Table (SVP Code).
1.2. Training will, to the maximum extont practicable, be consistent with every individual's fullest
capabilities and lead to employment possibilities,
13. The program will, to the maximum extent feasible, contribute to the occupational development
or upward mobility of individual participants.
14. Training will be in accordance with the training plan, which plan incorporates documentation
that must be completed by EMPLOYER before end of contract.
EXHIBIT B
251 -32
15. *Dot and * *SVP code books will be used to determine length of OJT period. The training time
may not be longer than the SVP Code allows; however, contractors are encouraged to negotiate
shorter training periods whenever applicable.
16. OJT trainees shall not number more than 40% of the EMPLOYERS work force.
17. All EMPLOYER training payments (reimbursements) must be exclusive of any and all
EMPLOYER fringe benefits, paid holidays, paid sick days and overtime compensation.
18. The participating EMPLOYER must keep an accurate and up -to -date time sheet for the OJT
trainee.
19. Payroll records, time and attendance records and job duties retained on file by the participating
EMPLOYER for each OJT trainee are subject to review.
Employer Signature
EXHMIT B
251 -33
Date
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Carlos Bustamante
COUNCILMEMBERS
Claudia Alvarez
P. David Benavides
Michele i
Vincent F. Sirmiento
Snl Tlnalero
Insurance
CITY OF SANTA ANA
FINANCE & MANAGEMENT SERVICES AGENCY
PURCHASING DIVISION
20 CIVIC CENTER PLAZA M -I6
P.O. BOX 1988 • SANTA ANA, CALIFORNIA 92702
PHONE: (714) 647.5420 • FAX: (714) 647.6944
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Patricia E. Healy
As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance
described below:
Certificate of Insurance (Acord's 25 -S form no.) to include:
• General Liability-- $1,000,000 each occurrence
• Wor'ker's Compensation — Within the limits required by the
State of California
• Automotive Insurance -- $1,000,000 combined single limit
A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be made that the
City will be mailed 30 days written notice of policy cancellation and the references "endeavor to "and " ailure to
mail such notice shall impose no obligation or liability of nay kind anon the company, its agents or
representatives" shall be either removed or X' d through.
The attached "Additional Insured Endorsement" provided by City must be completed and signed by the insurance
broker, or the insurance companies provided form number CG20 10. The forms Trust include the following
statement: "The City of Santa Ana. it's officers. employees, agents and representative are named as additional
insured ". The form must reference the Certificate of Insurance Policy number on the Additional Insurance.
Additionally, vendors working on City vehicles housed on the vendor's property are required to carry Garage
Liability.
251 -34
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701 it officers,
employees, agents and representative are named as additional insureds ( "additional
insureds ") with regard to liability and defense of suits arising from the operations and uses
performed by or on behalf of the named insured.
With respect to claims arising out of the operations and uses performed by or on behalf of
the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
This insurance applies separately to each insured against whom claim is made or suit is
brought except with respect to the company's limits of liability. The inclusion of any person
or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect the additional insureds, this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30) days written notice has been given to
the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective
Policy #
Issued to
Name Insured
Countersigned by
this endorsement form as part of
251 -35
Certification Regarding Drug -Free Workplace Reaulrements
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 -
Pg. 2
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
EXHIBIT D
251 -36
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U,S, Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Dated:
EXHIBIT D
251 -37
Employer Signature
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Name of Contractor:
Contractor Number:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
EXHIBIT D
251 -38
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 26,1988 Federal Register (pages 19160 - 19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Name and Title of Authorized Representative
Signature Date
EXHIBIT E
251 -39
INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective recipient of federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
The prospective recipient of federal assistance fiords agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List of Parties Excluded from Procurement or Non -
Procuremeut Prouarms,
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and /or debarment.
EXHIBIT E
251 -40
,, SANTA ANA
�� PK AMERICANS WITH DISABILITY ACT (ADA)
CENTER AND
EQUAL OPPORTUNITY (EO) LAW
1. Is there a minimum of 2 designated disabled parking slots?
Per Dept. of Rehab Sect. 504 YES[] NO[:]
II. Are parking slot occupants able to reach the building's entrance for the disabled
without having to go behind any other cars, or any other barriers (curb, sidewalks,
etc.)?
Per Dept. of Rehab. Sect. 504 YES❑ NO❑
III. Is there a fiont door labeled with the international wheelchair access sign?
Per Dept, of Rehab. Sect. 504 YES❑ NO[]
IV. Is the labeled entrance's threshold not higher than 1/2 inch to allow for
wheelchair access? Per Dept. of Rehab. Sect, 504 YES❑ NO❑
V. Is the door- handle to the labeled wheelchair entrance door, a lever handle (not a
round doorknob)?
Per Dept. of Rehab, Sect. 504 YES❑ NO❑
VI. If any services are available on second floor, does the building have an elevator?
Per Dept. of Rehab. Section 504 YES[] NO❑ NA❑
VII. Does the classroom, working area, and break -room have enough room to maneuver a
wheelchair and /or crutches?
Per Dept, of Rehab. Sect. 504 YES❑ NO❑
VIII. Does the school catalog / employee manual, contain the organization's
Grievance Policy? Per CTR Title 20, 29, 41 YES[:] NO❑
IX. Is Grievance Procedure and contact person made available in writing to the
participant on first day of attendance?
Per CFR Title 20,29,41 YES❑ NO❑
X. If serving any Limited English individuals is the grievance procedure and procedures
available in their language?
Per CFR Title 20,29,41 YES❑ NO❑ NA❑
XI, is assessment used in a non - discriminatory way? (used to determine suitability for
training andlor employment based on industry recognized required skills)?
Per CFR Title 20,29,41 YES❑ Non
XII. Is there at least one internationally labeled accessible restroom for the disabled?
Per Dept. of Rehab. Sect.. 504 YES[] NO❑
251 -41
XIIl. Does toilet stall for the disabled have bars on each side of wall?
Per Dept. of Rehab. Sect. 504 YES[-] NO❑
XIV. Is there a telephone reasonably accessible to handicap individuals?
Per Dept. of Rehab. Sect. 504 YES❑ NO[:]
XV. Is there a water fountain reasonably accessible to disabled individuals?
Per Dept. of Rehab. Sect. 504 YES[] NO❑
XVI. Are auxiliary (supplementary) aides available when requested by the individual?
Per CFR Title 20,29,41 YES❑ NO❑
XVH Do all contracts and agreements signed by the individual contain Employer Equal
opportunity employer language?
CFR Title 20,29,41 YES[-] NO[]
I certify that I have validated all responses:
W /O /R/K Center Staff Date
Service Provider Information:
First Name Last Name
Service Provider Signature Date
Business Address
Business Phone Number
251 -42
COMPLIANCE STATUS
Summary Sheet
Reviewer: Site Visit Date:
Contract/Vendor Information:
Director /Supervisor Name:
Business Name:
Address:
Phone #:
Program Element
Compliance
Status
Person
Responsible
Mods,
Mod, Cost
Time Frame
Location
❑ Based on site visit and survey responses the site does not have any ADA
nor EO issues to correct.
❑ Currently ADA accessibility not fully available. WIA funds will not be
released until the facility corrects issues to meet applicable Dept. of Rehab.
Section 504 requirements?
❑ Currently EO issue exist. WIA funds will not be released until the
organization corrects EO issues to meet applicable CPR 20, 29, 41
requirements.
I have been informed of the ADA & EO site visit review outcome(s).
Director /Supervisor
251 -43
Date
Certification Regarding
the
Americans with Disabilities Act
This certification is required by the regulation 101 -336 (42 U.S.C. 512101) enforced through the
Department of Rehabilitation and mandated by the Governor of California. ADA has been in effect
since 1990, with the mission to provided equal protection to individuals with disabilities in the
public and private sector services, transportation, communications and employment,
I hereby certify that the following statement is correct and honestly states that our program facility is
in compliance with the Americans Act with Disabilities (ADA). I understand that
Title I — V of the Act also applies to Workforce Investment Act (WIA) participants entering training
under the Workforce Investment Board / Youth Council funding.
Service Provider Signature
Print First Name
Organization Name
251 -44
Date
Print Last Name
Organization Address
*Staff Grievance Policy and Procedures
i iltiellillCw]1
1.1 COMPANY NAME, is committed to providing a fair, safe and productive work
environment where grievances are dealt with sensitively and expeditiously. An
essential part of developing that environment is ensuring that staff is encouraged
to come forward with their grievances in the knowledge that the responsible
supervisors will take appropriate action to address those grievances. Grievances
that are not addressed have the potential to grow into major problems that can
cause tension, low morale and reduced performance and productivity.
1,2 Grievance resolution is an integral part of a supervisor's duties. Each
supervisor has a responsibility to identify, prevent and address problems in the
workplace.
1.3 Any member of staff may lodge a grievance regarding work - related problems.
However, if other procedures exist that more appropriately address that
grievance (i.e. sexual harassment or unlawful discrimination), that mechanism
should be used.
2.0 PROCEDURES
Preliminary Action
2.1 Before initiating the grievance procedures, complainants are encouraged to
try to resolve any grievance directly with the person /s concerned. If this is not
possible or appropriate, the complainant should proceed to Step 1 of the
grievance procedures.
2.2 A staff member should raise their grievance with the person /s concerned as
early as possible.
Step 1 - Talk to immediate supervisor
2.3 Where the complainant has been unable to resolve the grievance, he /she
should take the matter up with their immediate supervisor. Where the grievance
involves the supervisor, the staff member should refer the matter to the
supervisor's supervisor.
2.4 The supervisor should address the grievance with a view to resolving it
expeditiously, normally within two weeks of receiving the complaint.
2.5 Following resolution of the grievance, the supervisor should monitor the
situation for a period of time.
251 -45
2.6 In any action taken, the supervisor should ensure procedural fairness for all
parties involved, including informing the respondent of the allegations made
against him /her, and providing him /her with an opportunity to respond.
Step 2 - Referral to senior manager
2.7 If the complainant believes the grievance has not been resolved to their
satisfaction during Step 1, they can refer the matter to the senior manager in the
Division or Department. The senior manager may require the complainant to put
the grievance in writing. The senior manager should attempt to resolve the matter
within three weeks of receiving the grievance and should follow similar
procedures outlined in Step 1,
3.0 OUTCOMES
Outcomes could include:
• The complainant gaining a better understanding of the situation and no
longer being aggrieved.
• The complainant receiving a verbal or written apology.
• The respondent receiving a verbal or written reprimand;
• One or both parties agreeing to participate in some form of counseling.
251 -46
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Claudia Alvarez
^ %z`
COUNCILMEMBERS
-
Carlos Bustamante
P. David Benavides+_
Michele Martinez
Vincent F.Sarmlento
Sal TinaJera
CITY OF SANTA ANA
FINANCE & MANAGEMENT SERVICES AGENCY
PURCHASING DIVISION
20 CIVIC CENTER PLAZA M -16
P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702
PHONE: (7141647 -6941 FAX:(714)647 -6944
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W, Fletcher
CLERK OF THE COUNCIL
Maria D. Huizar
The Tax Equity & Fiscal Responsibility Act of 1982 and Backup withholding Regulations of 1983
require LIS to have a Social Security or Federal Tax Identification Number (TIN) on file for all
vendors subject to form 1099 reportable payments. Please print, sign and return this form, along
with your completed and signed W9 (attached) in order to allow us to process purchase orders
and payments.
Business Name
DBA (if applicable)
Purchase -From Address
Phone
Fax
Email
Web Address
Payment Terms
Sign Here F
Title
251 -47
Remit -To Address
Form
w -9
Request for Taxpayer
Give Form to the
(Rev. August 2013)
Identification Number and Certification
requester. Do not
Department
of the Treasury
send to the IRS.
Internal
Revenue Service
Name (as shown on your Income tax return)
N
Business name /disregarded entity name, If different from above
m
rn
m
°
Check appropriate box for federal tax classification:
Exemptions (see Instructions):
O
❑ Individual/sole proprietor ❑ C Corporation ❑ 9 Corporation ❑ Partnerahlp ❑ True estate
o
Exempt payee code (If any)
Sv
❑ Limped liability company. Enterthetax classification( C- C corporation,S= Scerporatlon, P= partnership)►
Exemption from FATCA reporting
coda (If any)
yr
0
❑ Cther(seelnstruotlonsj*
de
Address (number, street, antl apt. or sutra no.)
Requester's name and address (optional)
�
City, state, and ZIP node
v
List account number(s) here (optional
'
JZB
Taxpayer identification Number TIN
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number
to avoid backup withholding. For Individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other -
entities, it Is your employer identification number (EN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account Is In more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter, T
1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct.
Certification instructions. You must cross out Item 2 above If you have bean notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
sign I Signature of
Here U.S. person I• Date 1
Genera) Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for Information
about Form W -9, at www1s.govlwa. Information about any future developments
affecting Form W -0 (such as legislation enacted after we release It) will be posted
on that page.
Purpose of Form
A person who Is required to file an information return with the IRS must obtain your
correct taxpayer Identification number (TIN) to report, for example, Income paid to
You, payments made to you In settlement of payment card and thll'd party network
transactions, real estate itmonotions, mortgage Interest you paid, acquisition or
abandonment or secured property, cancellation of debt, or contributions you made
to an IRA.
Use Form W -9 only If you are a U.S. person (including a resident alien), to
provide your correct TIN tothe person requesting It (the requester) and, when
applicable, to
1. Certify that the TIN you are giving Is correct (or you are walking for a number
to be Issued),
2. Certify thatyou are not subject to backup withholding, or
3. Claim exemption from backup withholding If you area U,S, exempt payee. If
applicable, you are also certifying that as a U.S. Parson, your allocable share of
any partnership income from a U.S. trade or business Is not subleot to the
withholding tax on foreign partners'share of effectively connected Income, and
4. Certify that FATCA cadets) entered on this farm (If any) Indicating that you are
exempt from the FATCA reporting. Is career
Note. If you are a U.S. person and a requester gives you a form other than Form
W -9 to request your'rIN, you must use the requester's form if It Is substantially
similar to this Form W -9.
Definition of a U8. person. for federal tax purposes, you are considered a U,S,
person If you are:
• An Individual who is a U,S. citizen or U.S. resident allen,
• A partnership, corporation, company, or association created or organized In the
Unitod States or underthe laws of the United States,
• An aerate (other than a foreign estate), or
• A domestic trust (on defined In Regulations section 301.7701 -7).
Special rules for partnorships, Partnerships that conduct a trade or business In
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of allectively connected taxable Income from
such business. Further, In certain cases where a Form W -9 has not been received,
the rules under section 1446 require a partnerahip to presume that a partner Is a
foreign person, and pay the section 1446 withhoiding tax. Therefore, If you are a
U.S. person that Is a partner in o partnership conducting a trade or business in the
United States, provide Form W -9 to the partnership to establish your U.S. status
and avoid section 1448 withholding on your share of partnership Income,
Cat, No, IMIX Form W -9 (Rev. 84013)
251 -48
Farm W -9 (Rev. 8 -2013) Page 2
In the cases below, the following person must give Form We to the partnership
for purposes of establishing Its U.S, status and avoiding withholding on Its
allocable share of net Income from the partnership conducting a trade or business
In the United Stales;
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the
disregarded entity and not the entity,
• In the case of a grantor trust with a U.S. grantor or other US. owner, generally,
the US, grantor or other U.S, owner of the grantor trust and not the trust, and
r In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a
grantor trust) and not the baneficierlea of the trust.
Foreign person. If you are a foreign person at the U.S. branch of a foreign bank
that has elected to be treated as a U.S, person, do not use Form W -9. Instead, use
the appropriate Form W -8 or Form 8233 (see Publlcatlon 515, Withholding of Tax
on Nonresident Aliens and Foreign Entldes).
Nonresident alien who becomes a resident alien. Generally, only a nonresident
alien Individual may use the terms of a tax treaty to reduce or eliminate US. tax on
certain types of Income. However, most tax treaties contain a provision known as
a "saving clause," Exceptions speclfied In the saving clause may permit an
exemption from tax to continue for certain types of Income even after the payee
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained In the
saving clause of a tax treaty to claim an exemption from U.S. tax on certain types
of Income, you must attach a statement to Form W -0 that specifies the following
five Items:
1. The treaty country. Generally, this must be the same treaty under which you
claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the Income,
3. The article number for location) in the tax treaty that contains the saving
clause and Its exceptions.
4. The type and amount of Income that qualifies for the exemption from tax.
5. Sufficient facts to justlN the exemption from tax under the terms of the treaty
article.
Examplo. Article 20 of the U.S; China Income tax treaty allows an exam tlon
ardent will become a resident alien for
I States exceeds 6 calendar years.
to the U.S. -China treaty (dated April 30,
continue to apply even after the
of inn United Slates. A Chinese student
igraph 2 of the }last protocol) and Is
etlon from tax on his or her scholarship
information described above to support that exemption.
If you area nonresident alien or a foreign entity, give the requester the
appropriate completed Form W -8 or Form 6233,
What Is backup withholding? Persons making certain payments to you must
under certain condhlons withhold and pay to the IRS a percentage of such
payments. This Is called "backup withholding." Payments that may be subject to
backup withholding Include Interest, tax - exempt interest, dividends, broker and
barter exchange transactions, rents, royalties, nonemployee pay, payments made
In settlement of payment card and third part network transactions, and certain
payments from fishing boat operators. Real estate transactions are not subject to
backup withholding.
You will not he subject to backup withholding on payments you receive it you
give the requester your correct TIN, make the proper certifications, and report all
your taxable Interest and dividends on your tax return.
Payments you receive will be subject to backup
withholding if:
1. You do not furnish your TIN to the requester,
2. You on not sanity your TIN when required (seethe Part II Instructions on page
3 for details),
a, The IRS calls the requester that you furnished an Idoormat TIN,
4. The IRS tells you that you are subject to backup withholding because you did
not report all your Internet and dividends on your tax return (for reportable Interest
and dividends only), or
5. You do not certlfy to the requester that you are not subject to backup
withholding under 4 above (for reportable Interest and dividend accounts opened
after 1983 only).
Certain payees and payments are exempt from backup withholding. See Exempt
payee code on page 3 and the separate Instructions for the Requester of Farm
W-g for more II matlon,
Also see Special rules forparfnershlps on page 1.
What Is FATCA roporting? The Foreign Account Tax Compliance Act (FATCA)
requires a participating foreign financial Institution to report all United States
nascent holders that are specified United States persons. Certain payees are
exempt from FATCA reporting. See Exemption from FATCA reporting code on
page 0 and the Instructions for the Requester of Farm W -9 for more Infa'motion.
Updating Your Information
You must provide updated Information to any person to whom you claimed to be
an exempt payee If you are no longer an exempt payee and anticipate receiving
reportable payments In the future from this person. For example, you may need to
provide updated Information If you are a C corporation that elects to be an S
corporation, or if you no longer are tax exempt. In addition, you must furnish a new
Form W9 If the name or TIN changes for the account, for example, lithe grantor
of a grantor trust also
Penalties
Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are
subject to a penalty of $50 for each such failure unless your failure Is due to
reasonable cause and not to willful neglect.
Civil penalty for false Information with respect to withholding, If you make a
false statement with no reasonable basis that results In no backup withholding,
you are subject to a $500 penalty.
Criminal penalty for falsifying Information. Willfully falsifying certifications or
affirmations may subject you to criminal penalties deluding fines and /or
Imprisonment.
Misuse of TINS. if the reqnester discloses or uses The In violation of federal law,
the requester may le su a act to civil and criminal penalties.
Specific instructions
Name
If you ere on Individual, you must generally enter the name shown on your Income
tax return. However, if you have changed your last name, for Instance, due to
marriage without Informing the Social Security Administration of the name change,
enter your first name, the last name shown on your social security card, and your
new last name.
If the account Is In joint names, list first, and then circle, the name of the person
or entity whose number you entered In Part I of the form.
Sole proprietor. Enter your Indlvldual name as shown on your Income tax return
on the "Name" line, You may enter your business, trade, or "doing business as
(CBA)" name on the "Business nano /disrogarded entity name" line.
Partnership, C Corporation, or S Corporation. Enter the entlty's name on the
"Name" line and any bualnoss, trade, or "doing business as (DBA) name" on the
"Business name /disregarded entity name" line.
Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as
an entity separate from Its owner Is treated as a "disregarded entity." See
Regulation section 301.7701- 2(c)(2)(III) Enter the owner's name on the "Neal
Ilne, The name of the entity entered on the "Name" line should never be a
disregarded entity. The name on the "Name" line must do the name shown on the
Income tax return on which the Income should be reported. For example, if a
foreign LLC that is treated as a dlaregarded entity for U.S, federal tax purposes
has a single owner that Is a US. person, the U.S. owner's name Is required to he
provided on the "Name" line. If the direct owner of the entity Is also a dlaregarded
entity, enter the first owner that Is not disregarded for federal tax purposes. Enter
the disregarded entity's name on the "Business name/dlsregamed entity name"
line. If the owner of the disregarded entity is a foreign person, the owner must
complete an appropriate Form W -8 Instead of a Form W -9, This Is the case even If
the foreign person has a U.S. TIN.
Note. Check the appropriate box for the U.S. federal tax classification of the
person whose name Is entered on tie "Name" line (Indlvldual /oole proprietor,
Partnership, C Corporation, S Corporation, Trust/estate).
Limited Liability Company (LLC). If the person Identified on the "Name" line is an
LLC, check the "Umlted liability company" box only and enter the appropriate
code for the U.S. federal tax classification In the space provided. If you are an LLC
that Is treated as a partnership for U.S. federal tax purposes, enter "P" for
partnership. If you are an LLC that has filed a Form 9882 or Form 2663 to be
taxed as a corporation, enter "C" for C corporation or "S" for S corporation, as
appropriate. If you are an LLC that Is disregarded as an entity separate from Its
owner under Regulation section 301.7701 -3 (except for employment and excise
tax), do not check the LLC box unless the owner of the LLC (required to be
Identified on the "Name" line) Is another LLC that is not disregarded for U.S.
federal tax purposes, If the LLC Is disregarded as an entity separate from Its
owner, enter the appropriate tax classification of the owner Identified on the
"Name" line.
Other entities. Enter your business name as shown on required U,S. federal tax
documents on the "Name" line. This name should match the name shown on the
charter or other legal document creating tiro entity. You may enter any business,
trade, or TEA name on the %shriss name /dlaregarded entity name' line.
Exemptions
If you are exempt from backup withholding and /or FATCA reporting, enter in the
Exemptlons box, any ccde(s) that may apply to you. See Exempt payee code and
Exemptlon from FATCA reporting code as page 3,
251 -49
Form W-9 (Rev, 8 -201
Exempt payee coda. Generally, Individuals (Including sale proprietors) are not
exempt from backup withholding. Corporations are exempt from backup
withholding for certain payments, such as Interest and dividends. Corporations are
not exempt from backup withholding for payments made In settlement of payment
card or third parry network transactions.
Note. If you are exempt from backup withholding, you should still complete this
form to avoid possible erroneous backup withholding.
The fallowing codes Identify payees that are exempt from backup withholding:
1--An organization exempt from tax under section 801(a), any IRA, or
custodial account under section 403(b)(7) If the account satlsflea the requirements
of section 401(f)(2)
2 —The United States or any of Its agencies or Instrumentalities
3 —A state, the District of Columbia, a possession of the United States, or any of
their political adbdlvislcns or Instrumentalltlse
4 —A foreign government or any of Its political subdivisions, agencies, or
Instrumentalities
5 —A corporation
6 —A dealer in securities or commodities required to register In the United
States, the District of Columbia, or a possession of the United States
7 —A futures commission merchant registered with the Commodity Futures
Trading commission
8 —A real estate Investment trust
9 —An entity registered at all times during thatax year underthe Investment
Company Act of 1940
10 —A common trust fund operated by a bank under sactlon 584(a)
11 —A financial Institution
12 —A middleman known In the Investment community as a nominee or
custodian
1S —A trust Exempt from tax under section 664 or described In section 4947
The following chart shows types of payments that may be exempt from backup
withholding. The chart applies to the exempt payees listed above, 1 through 1S.
IF the payment is for...
THEN the payment is exempt for...
Interest and dividend payments
All exempt payees except
for 7
Broker transaction
Exempt payees 1 through 4 and 6
through 11 and all C corporations, S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.
Barter exchange transactions and
Exempt payees 1 through 4
patronage dividends
Payments over $60o required to be
Generally, exempt payees
reported and direct sales over j36,0001
1 through 62
Payments made In settlement of
Exempt payees 1 through 4
payment card or third party network
transactions
'See Form 1099 -MISC, Miscellaneous Income, and its Instructions,
' However, the following payments made to a corporation and reportable on Form
1099 -MISC are not exempt from backup withholding: medical and health cars
payments, attorneys' fees, gross proceeds paid to an attorney, and payments for
servioos paid by a federal executive agency,
Exemption from FATCA reporting code. The following codes Identify payees
that are exempt from reporting under FATCA. These codes apply to persons
submitting this form for accounts maintained outside of the United States by
conch foreign financial Institutions. Therefore, if you are only submitting this form
for an account you hold In the United States, you may leave this field blank.
Consult with the person requesting this form it you are uncertain If the financial
Institution Is subject to these requirements.
A —An organization exempt from tax under section 501(a) or any individual
retirement plan as defined In section 7701(a)(37)
B —The United States or any of its agencies or Instrumentalities
C —A state, the Dish let of Columbia, a posseasion of the United States, or any
of their political subdivisions or instmmentallties
D —A corporation the stack of which Is regularly traded on one or more
established securities markets, as described In Reg. section 1.1472-1 (a)(1)(1)
E —A corporation that is a member of the same expanded offilated group as a
corporation described in Reg. section 1A472- 1(c((1)(I)
F —A dealer In securities, commodities, or derivative financial instruments
(Including notional principal contracts, futures, forwards, and options) that Is
reglstamd as such under the laws of the United States or any state
G —A real estate Investment trust
H —A regulated Investment company as defined In section 851 or an entity
registered at all times during the tax year under the Investment Company Act of
1940
I —A common trust fund as defined In section 584(x)
J —A bank as defined In section 581
K —A broker
L— Atrust exemptfrom tax under section 684 or described In sectlon 4947(a)(1)
M —A tax exempt trust under a section 403(b) plan or sactlon 457(8) plan
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not
have end are not eligible to get an SSN, your TIN Is your IRS Individual taxpayer
Idandfiastlon number (ITIN). Enter It In the social security number box. If you do not
have an ITIN, see How to got a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN
or EIN, However, the IRS prefers that you use your SSN.
If you are a single- member LLC that is disregarded as an entity separate from Its
owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or
EIN, If the owner has one), Do not enter the disregarded entity's EIN. If the LLC Is
classified as a corporation or partnership, enter the entity's EIN.
Note. See the chart on page 4 for further clarification of name and TIN
combinations.
How to get a TIN. If you do not have a TIN, apply for one Immedlately. To apply
for an BEN, get Form 53 -5, Application for a Social Security Card, from your local
Social Security Ad mJ Narration office or get this form online at www.ase.gov, You
may also get this form by calling 1 -800- 772 -1213. Use Form W -7, Application for
IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4,
Application for Employer Identification Number, to apply for an EIN. You can apply
for an BIN online by accessing the IRS website at www.1m,gowbusinesses and
cllcking on Employer Identification Number (EIN) under Starting a Business. You
can get Forms W -7 and SS -4 from the IRS by visiting IRS.gOV or by calling 1.800 -
TAX -FORM (1 -800- 829- 3676).
If you are asked to complete Form W -9 but do not have a TIN, apply for a TIN
and write "Applied For' in the space for the TIN, sign and date the farm, and give It
to the requester, For Interest and dividend payments, and certain payments made
with respect to readlly tradable Instruments, generally you will have 60 days to get
a TIN and give It to the requester berate you are subject to backup withholding on
payments. The 60 -day rule does not apply to other types of payments. You will be
subject to backup withholding on all such payments until you provide your TIN to
the requester.
Note, Entering "Applied Far" means that you have already applied for a TIN or that
you Intend to apply for one soon.
Caution: Adisregarded U.S. entity that has a foreign owner must use the
appropriate Form W -8.
Part II, Certification
To establish toths withholding agent that you are a U.S. person, or resident alien,
sign Form W4 You maybe requested to sign by the withholding agent even If
Items 1, 4, or 5 below Indicate atherwlse.
For ajoint account, only the person whose TIN Is shown In Part I should sign
(when required). In the case of a disregarded entity, the person Identified on trio
"Name" line must sign. Exempt payees, sea Exempt payee code earlier.
Signature requirements. Complete the certlflcatlan as Indicated In Items 1
through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1964
and broker accounts considered active during 1983. YOU must give your
correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after
1983 and broker accounts considered Inactive during 1983. You must sign the
certlfloatlon or backup withholding will apply. If you are subject to backup
withholding and you are merely providing your correct TIN to the requester, you
must cross out Item 2 In the certification before signing the form.
3. Real estate transactions. YOU must sign the certification. You may crass out
Item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign
the certification unless you have been notified that you have previously given an
Incorrect TIN. "Other payments" Include payments made In the coursa of the
requester's trade or business for rents, royalties, goods (other than bills for
merchandise), medical and health care services (Including payments to
corporations), payments to a nonemployse for services, payments made In
settlement of payment card and third party network transactions, payments to
certain fishing boat crew member's and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured
property, cancellation of debt, qualified tuition program payments (under
section 529), IRA, Coverdell SEA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you
do not have to sign the certification.
251 -50
Form W -9 (Rev.
What Name and Number To Give the Requester
For this type of account:
Give name and SSN of:
1. Individual
The Indlvldual
2. Two or more Individuals aolnt
The actual owner of the account or,
account)
If combined funds, the first
Individual on the account
3. Custodian account of a minor
The minor'
(Uniform Gift to Mlncra Act)
4. a. The usual revocable savings
The grantor - trustee'
trust (grantor Is also trustee)
b. Se- called trust account that Is
The actual owner'
not a legal orvalld trust under
state law
6. Sole proprietorship or disregarded
The owner'
entity owned by an Individual
6. Grantor trust filing under Colonel
The grantor"
Form 1099 Fling Method 1 (see
Regulation section 1.671.4(b)(2)(I)(A))
For this type of account:
Give name and EIN at!
7. Disregarded entity not owned by an
The owner
individual
B. Avalld trust, estate, or pension trust
Legal entity'
9. Corporation or LLC electing
The corporation
corporate status on Farm 8832 or
Form 2553
10. Association, club, religious,
The organization
charitable, educational, or other
tax - exempt organization
11. Partnership or multi- member LLC
The partnership
12. A broker or registered nominee
The broker or nominee
13. Account with the Department of
The public entity
Agriculture In the name of a public
entity (such as a skate or local
government, school district, or
prison) that receives agricultural
program payments
14.Gramortiustfiling under the Form
The trust
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulation section 1.071- 4(b)(2)(Ii
List first end olrcla the name of the parson whose number you furnish. If only one pat rson on a
joint account has an SSN, that person's number must be furnished.
Clone the minor's name and furnish the minor's SSN.
s YOU most show your Indlvldual name and you may also enter youi mistress or "DON' name on
the "Buelhere name /disregarded entity" name Ilno, YOU may use anhor' your SSN or El IN Of you
have oho), but hot IRS encourages you to use your SSN.
4 List fact and alydc the nema of the trust, estate, or pension trust, P. not furnish the TIN of the
personal representative or trustee unless the legal entity Itself Is not rose noted In the account
title.) Also see Special rules forpadnershlies on page t.
'Note. Grantor also most provide a Form W -9 to bsense of bust.
Note. If no name Is circled when more than one name is listed, the number will be
considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal Information such as your
name, social security number (SSN), or other Identlfying Information, without your
permission, to commit fraud or other orimes An Identity thief may use your SSN to
got a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
* Protect your SSN,
• Ensure your employer Is protecting your SSN, and
* Ds careful when choosing a tax preparear.
If your tax records ore affected by identity theft and you receive a notice from
the IRS, respond right away to the name and phone number printed on the IRS
notice or letter.
If your tax recoils are not currently affected by Identity theft but you think you
are at risk due to a lost or stolen purse or wallet, questionable credit card activity
or credit report, contact the IRS Identity Theft Hotline at 1 . 800.906 .4490 or submit
Form 14039,
For more Information, see Publication 4535, Identlty, Theft Prevention and Victim
Assistance.
Victims of Identity theft who are experiencing economic harm or a system
problem, or are seeking help in resolving tax problems that have not been resolved
through normal channels, may be el Is be for Taxpayer Advocate $itwIce (TAB)
assistance. You can reach TAB by calling the TAB toll -free case Intake line at
1 -877- 777.4778 or TTY/TDD 1. 800.829 -4059.
Protect yourself from suspicious amalls or phlshing schemes. Phishing Is the
creation and use of email and webaltes designed to mimic legitimate business
emalls and websites. The most common act is sending an email to a user falsely
claiming to be an established legitimate enterprise In an attempt to scam the user
Into surrendering private Information that will be used for Identity theft.
The IRS does not Initiate contacts with taxpayers via emalls, Also, the IRS does
not request personal detailed information through email or ask taxpayers for the
PIN numbers, passwords, or similar secret access Information for their credit card,
bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this
message to phlshing @lm.gov, You may also report misuse of the IRS name, logo,
or other IRS property to the Treasury Inspector General for Tax Administration at
1- 800- 306 -4484. You can forward suspicious smalls to the Federal Trade
Commission at: spident ,gov or contact them at www.Rc.gov /(dthaff of 1-877 -
IDTHEFT (1- 877 - 438. 4338).
Visit IRS.gov to learn more about identity theft and how to reduce your risk
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons it ojuding federal agencies) who ere required to file Information returns with
the IRS to report Interest, dividends, or certain Cartel' Income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation
of debt or contdbutlons you made to an IRA, Archer MSA, or HSA. The person collecting this farm uses the Information on the form to file Information returns with the IRS,
reporting the above Information. Routine uses of this Informatlon include giving It to the Department of Justice for civil and criminal litigation and to titles, states, the Distl'iet
Of COhlmbla and LL& commonwealths and possessions for use In adminlstflOng lhelr laws, The Information also may be disclosed to other countries under treaty, to
federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN
whether or not you are required to file a tax return. Undel'section 3406, payers must generally withhold a percentage of taxable Interest, dlvlderd, and certain other
payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent Information.
251 -51
ATTACHMENT II
1. OJT Employer Reimbursement Invoice
251 -52
FUNDING SOURCE
Dislocated Worker
QI Adult
Q Other
TI
\1.1,-",1,- SANTA ANA INVOICE#
,x„ W R K
CENTER
SANTA ANA WORK CENTER INVOICE
CITY OF SANTA ANA
OJT INVOICE
DURATION OF
AGREEMENT# AGREEMENT: From: To:
INVOICING PERIOD: From: To:
NAME OF TRAINEE:
NAME OF EMPLOYER:
ADDRESS:
PHONE M
MAXIMUM
TRAINING HOURS:
HRS. INVOICED
TO DATE
HRS. INVOICED
THIS PERIOD
TOTAL HRS.
INVOICED
EMPLOYER SIGNATURE
CASE M
CITY:
NIN;
OJT MAXIMUM
REIMBURSEMENT AMOUNT:
REMAINING BALANCE
OJT HOURLY
REIIMBUR EMENT I R TH THIS ERIODNT
OJT COORDINATOR SIGNATURE
DATE DATE
H: /Acctg form White — Purchasing/ Canary — WIA Fiscul�`iylt�—t'oplyy 0peiator / Goldenrod — F'raployer
Revised 1112 /10 iJ 63
ATTACHMENT III
1. Internship Documents
a. Work Experience Agreement
b. Work Experience Sign in Sheet
c. Work Experience Timecard
251 -54
�a�..•:"." -SANTA ANA
WORK
CENTER
WORKSITE AGREEMENT
Work Experience Program
The following Agency Worksite Agreement sets forth the responsibilities of the Santa Ana WORK Center as
the Work Experience Program Grantee and hereinafter referred to
as the "agency worksite ",
The purpose of the Work Experience program is to provide eligible participants with work experience that
will prepare them for future employment and also meet their financial needs.
Total number of participants requested by your agency worksite(s): I-
A, The Agency Worksite ensures and agrees to fulfill the following:
1, Currently employed workers will not be displaced by any participant (including partial
displacement, such as a reduction in hours of non over -time work, wages or employment
benefits).
2. Participants may not be employed in or assigned to a job if any other individual is on layoff from
the same or any substantially equivalent job,
3. Provide an orientation to each regular agency staff member who will supervise Work Experience
participant to include: a) the duties the participant will perform; b) the number of participants
assigned to each supervisor; c) the number of hours a participant may work each week; and, d)
any applicable limits set forth in the Digest of California Labor Laws.
4. Provide an orientation to each assigned participant to include at a minimum: a) agency
expectations of employees; b) agency policies mud procedures (dress requirements, absenteeism,
tardiness, lunch and break time, etc.); c) duties to be performed by the participant; d) times, days
and location to report to work, e) agency accident reporting policy; f) safety procedures and
requirements; and, g) introduction to the supervisor.
5. Provide participants with sufficient, meaningful duties, while they are at the worksite,
6. Participants will only perform duties outlined in the job description developed by Work
Experience staff mid the approved agency worksite.
7. Provide continual supervision of every assigned participant during the workday.
A. Part -time participants will not work more than twenty (20) hours per week, unless prior approval
by Work Experience staff has been given. Full -time participants will not work more than the
maximum of forty (40) hours per week.
9. Objectively evaluate the performance of each participant.
W. Adhere to all Labor Laws and Child Labor Laws,
Rev. 0 &/12
251 -55
11, Comply with Title VI of the Civil Rights Act of 1963, and in accordance with Title VI of the Act,
no person in the United States shall, on the grounds of race, color, sex, or national origin be
excluded to discrimination under a program activity for which the applicant receives federal
financial assistance,
12, Maintain a hazard -free and sanitary working environment for participants, and make certain all
safety rules are followed,
13. Maintain participant time and attendance records on a daily basis and ensure the participant and
supervisor sign time cards.
14. Maintain a copy of the worksite agreement and Work Experience handbook on hand at worksite,
and medical release (if required). Post Worker's Compensation Information Bulletin in an area
visible to participants and supervisors,
15. Complete participant time cards on a daily basis. Time card should be reviewed on the last day of
the pay period and ready for pick up on designated day.
16, Participants shall be allowed release time for counseling, skill /remedial education, labor market
orientation, and /or other activities when requested by the grantee.
17. Work Experience staff will be notified of participant employment problems at the earliest possible
time by the worksite supervisor,
18. Report all accidents and injuries no later than 24 hours after the accident occurs.
19. Agency worksite supervisors will allow designated Work Experience staff, State, and Federal
officials, to perform on -site monitoring and visitation while participants are present,
20, Participants will not be released from work without pay, unless first cleared with Work
Experience staff.
21, Follow rules and regulations governing the Work Experience program.
B. The City of Santa Ana Work Experience Program ensures and agrees to fulfill the following:
I. Provide an orientation to agency worksite supervisors concerning Work Experience guidelines,
California Labor Laws, California Child Labor Laws and departmental procedures.
2. Provide handbooks to participant and supervisors that provides an orientation to the Work
Experience program and their responsibilities as a partickpant/supervisor,
3. Provide participant time cards to worksites,
4, Process Work Experience participant payroll and pay participant wages.
S. Monitor program and worksite activities, and provide assistance to participants and supervisors
when needed.
6. Provide total medical costs associated with injuries that may occur on the job through the Workers'
Compensation Program.
Rev. 08/12
251 -56
C. The City of Santa Ana Work Experience Program may terminate this Agreement upon five (5)
days written notice should either party fail to perform any of the agreements written herein.
Santa Ana WORK Center Staff Signature Date Printed Name
Worksite Supervisor Signature Date Printed Name
Alternate Supervisor Signature Date Printed Name
Worksite Name
Address
Worksite Telephone Number
Carlos de la Riva
City of Santa Ana
Economic Development Specialist IIT
251 -57
Rev. 08/12
WE+ X EMPLOYMENT SERVICES DAILY SIGN IN SHEET
Participant
Last Name First Name Middle Initial
Worksite Name:
PLEASE SIGN IN AND OUT DAILYI (SUPERVISOR MUST INITIAL)
Reminder:
Do not use pencil or whiteout
Hours must be in half or whole increments only
• If you work 6 hours or more, yon must at a minimuou take an unpaid ya hour hunch
I certify that to the best of my knowledge, the information on this time sheet is true and correct,
Participant Signature: Date:
Supervisor Signature: Date:
251 -58
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COMPLAINT HANDLING
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
WIA
Santa Ana Local Workforce Investment Area
Revised May 7, 2009
EXHIBIT B
251 -60
Table of Contents
I. Information Regarding Complaints 3
A. Nondiscrimination and Equal Opportunity Complaints 3
1, Policy Statem
2. Civil
0
3. Nondiscrimination laws under WIA 4
4. How to File Your Compla
B. Criminal Complaints 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
12
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Handicap Complaints by Participants 17
GLOSSARY OF WIA TERMS
2
251 -61
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.
251 -62
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 anyway 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
251 -63
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:
251 -64
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."
IL General Procedures for Handling Nan- 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
251 -65
level for the receipt, investigation, hearing, and resolution of complaints by WIA participants,
sub recipients, applicants for participation, or financial assistance, labor unions, community
based organizations, or any other persons.
These procedures provide for resolution of non - criminal complaints arising from the operation of
the Santa Ana LWIA.
A complaint is defined here as a written expression by a party alleging a violation of the Act,
regulations promulgated under the Act, recipient grants, sub agreements, or other specific
agreements under the Act, including terms and conditions of employment of such
participants in employment training programs. All complaints, amendments and withdrawals
shall be in writing. These procedures are intended to resolve matters which concern policies,
procedures or action(s) arising in connection with WIA programs operated by each LWIA grant
recipient and sub recipient under the Act.
These procedures shall not be construed as affecting any other available legal remedy outside
of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of
any employee who is not a participant), either separately or simultaneously, that a person may
wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict
the LWIA grant recipient staff in carrying out informal discussion
Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and
resolution of any problems outside of and without resort to the formal complaint procedure.
A. The following principles and rules apply to all complaints at all steps of the complaint
procedures:
All complaints must be made in writing within 180 days of the alleged occurrence,
except complaints alleging fraud or criminal activity.
2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or
discrimination. Good faith efforts shall be made to informally resolve the complaint
prior to the scheduled hearing. Complainants have the right to withdraw their
complaints (in writing) at any time prior to the hearing. A complainant may amend
his /her complaint to correct technical deficiencies but not to add issues.
3. Complainants shall have the right to be represented at their own expense by
person(s) of their choosing at all levels of the complaint process.
4. Upon enrollment into employment or training, participants shall be provided with a
written description of these procedures, including notification of their right to file
complaints and instructions for filing.
An employer of participants, including private -for- profit employers of participants, may
use this or other complaint resolution procedures so long as the participant is
informed of the complaint resolution procedure they are to follow and the time frames
governing review of complaints are met.
251 -66
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;
251 -67
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
f. If the complainant is a private or public entity or corporation, and not a natural person,
the filing of the complaint must be duly authorized by the governing body of such entity
or corporation.
The absence of any of the requested information shall not be a basis for dismissing the
complaint.
A copy of the complaint must be sent to the respondent and both parties notified of the
opportunity for an informal resolution. At each step of the complaint process, the complainant
must be notified in writing of the next procedural step.
2. Informal Conference
Informal conferences will be utilized by the Santa Ana LW IA to resolve complaints;
however, such informal conferences shall not extend the time within which a decision
must be issued after receipt of a complaint. Attempts at informal resolution will
commence with two (2) weeks of the date of filing of the complaint.
a. The EEO Officer will review the case and ascertain facts prior to the conference so that
appropriate resolution can take place at the time of this meeting whenever possible.
b. Although the complainant should be encouraged to attend this conference, his /her failure
to do so should not preclude his /her right to request a hearing on the matter.
c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO
Officer will write a brief report for the file stating the issues and resolution. The matter
shall then be considered closed.
d. If resolution does not result, the complainant shall be provided the necessary information
and assistance to request a hearing if he /she so desires.
3. Request for Hearing
a. As in the case of the complaint, the request for a hearing should be put in writing and
be filed in person or by mail. A governing board resolution of authorization to appeal
should also be submitted when appropriate. The request should be filled with:
Anita Queen
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M -24
Santa Ana, CA 92701
(714) 647 -5157
9
251 -68
b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of
filing of the complaint.
4. Notice of Hearing
Upon receipt of the request for hearing, the complainant and the respondent will be
notified in writing of the hearing ten (10) calendar days prior to the date of the hearing.
The ten -day notice may be shortened with the written consent of the parties, A decision
will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the
complaint.
The hearing notice shall be in writing and contain the following information:
a. The date of notice, name of the complainant, and the name of the party against whom
the complaint is filed.
b. The date, time and place of hearing before an impartial hearing officer.
c. A statement(s) of the alleged violation(s)
d. Advise as to where information or assistance may be obtained, and the name, address,
and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO)
Officer who can answer inquiries.
B. Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence not
applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to
enable adjustment to the circumstances presented.
1. The hearing officer shall have complete independence to obtain facts and make
decisions. The hearing officer shall be in a position to render impartial decisions and
thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing
officer will be selected from a list of names on file with the EEO Officer.
2. Full regard must be given to the requirements of due process to insure a fair and
impartial hearing.
3. The hearing office designated by the EEO Officer to function in a quasi - judicial capacity
should begin the hearing by summarizing the record and the issue and should explain
the manner in which the hearing will be conducted, making sure that everyone involved
understands the proceedings. Such explanations should be adapted to the needs of the
specific situation. The hearing officer might take testimony under oath or affirmation to
give some assurance of veracity to the hearing.
io
251 -69
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.
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
11
251 -70
An administrative file containing support documents on the complaint resolution process
hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to
serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of
the issues and the results. This information would then be available for subsequent review
in the event the matter is raised with the State, Such records must be retained for a three -
year period after the grant has been officially closed out,
The Santa Ana LWIA's written decision will be included in the record. Evidence received at
the hearing, notes by the hearing officer, stenographer's notes and tape recordings may
also be used.
E. Establishment of Complaint Procedures
In accordance with Section 667.600, each employing agency including private -for- profit
employers of participants under the Act is required to establish a complaint procedure for
resolving matters relating to the terms and conditions of employment, Employers may
operate their own grievance system or may utilize the Santa Ana LWIA's established
procedures under Section 667.600. At a minimum these procedures must include:
Written notice, upon enrollment into employment training services, of the scope and
availability of such procedures. Employer's grievance procedures shall be set forth in a
written document and must meet the regulation mandate that a complaint will be
resolved with sixty (60) days from the date the complaint was filed. A copy of employer's
grievance procedure shall be provided to each participant upon enrollment in
employment training.
2. Written notice, at the time the grievance is filed, of the procedures under which the
grievance will be processed,
3. Written notification of the disposition of the grievance and a written decision shall be
issued within thirty (30) days of the filing of the grievance unless a present and long
established grievance specifically provides other limits; and
4. Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWIA and the State Review Panel in accordance with Section
667.600.
IV. Procedures for Handling Complaints at the State Level
Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the
Governor to establish a State Review process of complaints filed at the LWIA grant recipient
level and of complaints initially filed at the State level.
Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall
be reviewed by the State Review Panel. The State Review Panel shall review the record
established at the LWIA level and shall issue a decision based on the information contained
therein.
12
251 -71
Complaints which may be initially filed at the State level will be heard by an independent
hearing officer designated by the State Workforce Investment Division (WID). The hearing
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A. Form and Filing of Complaint.
1. Request for State Review of LWIA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory decision,
the State shall provide for an independent state review.
2. Filing of Requests for State Review
The State Review Panel shall review all LWIA level decisions when a request for review
is filed within 10 days of receipt of the adverse decision. Such requests must be filed in
writing with the Chief of the WID Office. The request for review should contain the
following information;
a. Full name, address, and telephone number of the party requesting the review
b. Full name, address, and telephone number of the other party
c. A copy of the decision
d, Brief statement of reasons for review or the section of the LWIA decision to be
reviewed including regulatory and statutory citations
e. A statement of the relief sought.
3. Complainant Responsibility
It is the responsibility of the complainant to include in the request for review a written
statement setting forth the facts presented at the LWIA hearing which support the
requested relief.
The Chief, WID, shall mail a copy of the request for review to the other party and to the
LWIA. It shall be the responsibility of the LWIA to submit the complete record including
typed record of the hearing to the Chief, WID, within ten (10) days.
B. Conduct of Hearings.
1. Request for Hearing at the State Level
If no decision has been issued at the LWIA level or the State has determined an audit
disallowance or imposed sanctions, the complainant may request a hearing. The
13
251 -72
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.
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
251 -73
D. Issuance of State Review Decision.
The State review will be limited to violations of the WIA, implementing WIA regulations or
the grant agreement. This review shall be limited to the record established at the LWIA
hearing.
V. Procedures for Handling Discrimination Complaints by
Participants.
A. Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180
days of the alleged occurrence.
1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO)
Officer to determine jurisdiction and to make the complainant aware of and provide
assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure
under Section II (A).
15
251 -74
PROCEDURES FOR HANDLING NON- CRIMINAL COMPLAINTS
No later than
180 days of
alleged
discrimination
Within 10 days of
receipt of
unsatisfactory
decision or 10
days from date
LWIA decision
should have been
Issued.
Handling of complaints filed at LWIA level arising in connection with WIA
programs operated by LWIAs
Informal Resolution Process
Unsatisfactory Decision or LWIA Decision not issued within 60 days
w
0
0
0
Request for State Review � i w
Governor's Decision Issued by State Review Panel
If no decision issued by State Review Panel
Appeal to DOL
15
251 -75
0
O
a
"'I u
m
0
0
4
H
2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to
advise the complainant of the existence of State, Federal and other proper action
agencies, which may also have a bearing.
3. Complainants alleging discrimination under this part will be made aware of their right to
file directly with the Office of Civil Rights (OCR), U.S, Department of Labor and
applicable procedures.
4. Complainants must file their complaint directly with:
Anita Queen
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M -24
Santa Ana, CA 92701
(714) 647 -5157
VI. Procedures for Handling Handicap Complaints by Participants
Complaints alleging discrimination on the basis of handicap will be filed and processed under
the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973
at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures
before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file his /her
complaint.
A. Procedures at the LWIA Level
1. The complainant shall file his/her complaint directly with the Santa Ana LWIA. Upon
receipt of the complaint, the EEO Officer shall investigate and gather information
concerning the complaint.
2. An informal conference will be held with the parties concerned in an effort to resolve the
issue(s). The complainant has the right to be present and may be represented during
the conference.
3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than
thirty (30) days after the filing of the complaint.
B. Procedures at the State Level
1. The complainant may appeal to the State if he /she is not satisfied with the decision of the
Santa Ana LWIA.
17
251 -76
2. The Complainant must file his /her appeal as a request for review directly with the Chief
W ID within ten (10) calendar days after the receipt of the Santa Ana LWiA's decision.
3. The Chief -W ID, 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.
zs
251 -77
PROCEDURES FOR HANDLING HANDICAP COMPLAINTS
No later than
180 days of
alleged
discrimination
Filed within 30
days of
LWIA/State
Decision or 90
days from date of
initial filing of
complaints
Filing of complaint on the basis Of Handicap with LWIA
Informal Resolution
If no resolution reached
Request for Hearing
Notice of Hearing
Hearing Conducted
LWIA Decision
Unsatisfactory Decision or No Decision
State Review
Governor's Decision
Appeal to Assistant Secretary Department of Labor
W
251 -78
Day I
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
251 -79
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
251 -80
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, 1993, and of not less than $11,000 and not more than $110,000 for
each such failure.
Grantee /Contractor Organization
Signature
Name of Certifying Official Signature
Date
EXHIBIT C
251 -81
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 -
Pg. 2
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
EXHIBIT D
251 -82
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily In a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f),
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised 'Place of
Performance" form.
Organization
Authorized Signature Date
EXHIBIT D
251 -83
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Name of Contractor:
Contractor Number:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification;
Place of Performance (include street address, city, county, state, zip code for each site):
EXHIBIT D
251 -84
BUDGET FORM
AM"11985
Administrative
Cost (Not to
Exceed 10 %)
Program
Cost
Match /In
Kind
Total
Cost
Personnel Salaries. , ,
Executive Director
$ 3,640.00
$ 69,160,00
$ 72,800.00
Coordinator
1,560.00
29,640.00
31,200.00
Accountant
3,900.00
3,900.00
7,800.00
Persbrin'el Be7rets
FICA & Medicare
696.15
7,856.55
8,552.70
FUTA
25.20
100.80
126.00
SUTA & ETT
147.00
588.00
735.00
Worker's Compensation
364,00
4,108.00
4,472.00
Total Personnel Salaries &
Benefits
$ 10,332.35
$115,353.35
$
$125,685.70
Rent*
- - --
- - -- -- - - - -
Utilities
Phones
Internet Fees
Parking Fees
1,300.00
1,300.00
Security
Maintenance
Insurance
E ui ment rental fees*
Vehicle lease*
Office expenses
(consumables)
195.00
195.00
390.00
Accounting Services
Legal Services
Auditing Services
Indirect Cost*
Staff Training*
Staff Conferences*
Staff Travel/Mileage
Participant Wages*
Supportive Services*
Participant Incentives*
Other
Total Operating Expenses
$ 195.00
$ 1,495.00
$ --
$ 1,690.00
GRAND TOTAL (Personnel
+Operating)
$ 10,527.35
$116,848.35
$ -
$127,375.70
AM"11985
Budget Narrative
Personnel Salaries:
• Executive Director — 1 Full Time Employee - $ 72,800.00
• Coordinator — 1 Part Time Employee -$ 31,200.00
• Accountant —1 Park Time Employee -$ 7,800.00
Operating Expensed:
• As MikeMarinoff com and Network Kinection, LLC is already doing the same service and has
the necessary materials and resources needed to carry out the program, we narrowed down the
expenses to just Parking and Office Expenses.
• Parking fee is required in some universities and office locations, and the computation is based on
an average of $5 /day since the fee varies per location. Parking is 100% chargeable to the
program.
Office Expenses are equally chargeable to both programmatic and administrative activities. The
supplies used will be paper, printer toners, envelopes, folders, note pads, labels, binders, clips,
stamps, and other small but necessary items to carry out both functions.
• No budget is applied to Vehicle Lease despite of the hefty mileage the project is expected to
have as all vehicle costs, including broad form general liability and automobile liability coverage
with a $1,000,000 minimum coverage, will be shouldered by MikeMarinoff.com and Network
Kinection, LLC.
ASSURANCES
Contractor agrees that in addition to those agreements and obligations specified in the
contract boilerplate, attached exhibits and scope of work, it will also adhere to and obey
the following provisions, assurances, and certifications.
1. Prohibited Uses, Contractor assures and certifies that it will not use any funds
appropriated under this agreement for religious activity or anti - religious activity,
or to promote or oppose any political candidate, parties, and /or beliefs.
2. Modification. Contractor assures and certifies that any requested modification to
this agreement must be submitted in writing, explaining requested changes and
rationale. Contractor further assures that no modification will be implemented
without prior written approval from the Santa Ana WORK Center.
3. Cooperation. Contractor agrees to cooperate with any monitoring inspection
audit or investigations of activities related to this Agreement as may be
scheduled and conducted by the Santa Ana WORK Center.
4. Acknowledgement. Contractor agrees to acknowledge (give credit to) the Santa
Ana WORK Center in all oral presentations, written document publicity, and
advertisements regarding any activities that ensue from this Agreement.
Intellectual Property Rights. The federal Government reserves a paid -up,
nonexclusive and irrevocable license to reproduce, publish or otherwise use, and
to authorize others to use for federal purposes: !)the copyright in all products
developed under the grant, including a subgrant or contract under the grant or
subgrant; and !!) any rights of copyright to which the grantee, subgrantee or a
contractor purchases ownership under an award (including but not limited to
curricula, training models, technical assistance products and any relataed
materials). Such uses include, but are not limited to, the right to modify and
distribute such products worldwide by any means, electronically or otherwise.
Federal funds may not be used to pay any royalty or licensing fee associated
with such copyrighted material, although they may be used to pay costs for
obtaining a copy which are limited to the developer /seller costs of copying and
shipping, If revenues are generated through selling products developed with
grant funds, including intellectual property, these revenues are program income.
Program income is added to the grant and must be expended for allowable grant
activity.
6. Product Creation. If applicable, the following needs to be on all products
developed in whole or in part with grant funds:
"This workforce solution was funded by a grant awarded by the U.S.
Department of Labor's Employment and Training Administration. The solution
EXHIBIT F
251 -87
was created by the grantee and does not necessarily reflect the official
position of the U.S. Department of Labor. The Department of Labor makes
no guarantees, warranties, or assurances of any kind, express or implied,
with respect to such information, including any information on linked sites and
including, but not limited to, accuracy of the information or its completeness,
timeliness, usefulness,, adequacy, continued availability, or ownership. This
solution is copyrighted by the institution that created it. Internal use, by an
organization and /or personal use by an individual for non - commercial
purpose, is permissible. All other uses require the prior authorization of the
copyright owner."
EXHIBIT F
251 -88