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HomeMy WebLinkAboutSANTA ANA PUBLIC LIBRARYCity of Santa to 1�0� Clerk of the Council aj AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. ` I Is the agreements) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with COTC Office Use Only ANA CITY CLERK I4123 Apra 1:33 ''vv v No. R - 2 01 g - ( l0 5 was completed o Z� and final payment has been made. (List all amendments. Use space below if needed.) rA Department: 1,1,/7T Phone/Ext.: ((/' 1 1/ Signature: Date: _N Revised: 10-18-16 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERIC CE COUNCIL DAT9' JUN 2 8 2018 Workforce Innovation & Opportunity Act Santa Ana Public Library 2018-2019 MEMORANDUM OF UNDERSTANDING UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this I" day of July, 2018, 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 the City of Santa Ana/Santa Ana Public Library, identified by the assigned Data Universal Numbering System (DUNS) Number 08-3153247 ("SUBRECIPIENT"). RECITALS: A. CITY has been designated a Local Workforce Development Area (LWDA) under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ("said program") D. SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post -secondary education, occupational training, and employment skills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECIPIENT'S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in SUBRECIPIENT'S Program Narrative contained in "Exhibit A", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.33 1 (a)(1)(ix), and in the Performance Indicators contained in "Exhibit B", per 2 CFR §200.331(d) and 2 CFR §200.328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of payment to SUBRECIPIENT otherwise provided for hereinafter. Page I of 17 B. SUBRECIPIENT 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 the Act. C. SUBRECIPIENT agrees to perform the services set forth herein in a professional, timely and diligent manner. D. SUBRECIPIENT shall provide wages and benefits Participants in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section IS of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under the WIOA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR 6658-Al1. SUBRECIPIENT shall advise Participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by SUBRECIPIENT. SUBRECIPIENTS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to SUBRECIPIENT from CITY, SUBRECIPIENT 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.C. 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 Parts 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. SUBRECIPIENT agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and review requirements: 1. SUBRECIPIENT 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 SUBRECIPIENT'S services or activities, costs or other data, including but not limited to, Participants' attendance, payroll records and job duty statements. Page 2 of 17 2. SUBRECIPIENT agrees to forward to the Santa Ana Work Center Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Imlovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 20 days following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa Ana Work Center Administration. 3. 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 SUBRECIPIENT'S activities, performance, books, documents, papers, and records of SUBRECIPIENT SUBRECIPIENTs, 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 SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT 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. 5. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPIENT 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, SUBRECIPIENT 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, SUBRECIPIENT agrees to submit to CITY, the State of California and/or the United States Goverrnnent or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the amount of money already expended by SUBRECIPIENT hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation as invoices, bills, Page 3 of 17 statements, proof of payment, such as cancelled checks, payment confirmations, account statements, paid bills, payroll records, time and attendance records, and contract and subgrant award documents(2 CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above -stated documents to the WDB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (1 Oth) day of the month following the month in which SUBRECIPIENT'S services are performed. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the option to deobligate SUBRECIPIENT's funds and cancel this Agreement by giving SUBRECIPIENT ten (10) days written notice thereof. SUBRECIPIENT shall either return to the CITY excess revenues over costs or use such excess revenues as program income for additional training activities authorized under the Act. L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at SUBRECIPIENT'S own expense, supplies and other costs of said PROGRAM. M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA Rinds received from CITY, in accordance with the Act, 2 CFR 200.500. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SUBRECIPIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow funds, or suspend additional grant funds. N. SUBRECIPIENT 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. SUBRECIPIENT shall comply with the provisions of Circular A-102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government", Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations found at 29 CFR Part 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. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT 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 SUBRECIPIENT under the terms and conditions of this Agreement. Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. Page 4 of 17 R. SUBRECIPIENT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A —Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ("Exhibit F"), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180), U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs tinder the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECIPIENT acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships and various other local programs is "America's Job Center". To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with WIOA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a proud partner of the America's Job Center network". SUBRECIPIENT shall not use the America's Job Center logo in any manner- that would imply that the State of California endorses a commercial product, service or activity. I1. CITY'S OBLIGATIONS A. On June 5, 2018 the CITY was awarded $939,384.00 youth Rinds under the Act for fiscal year 2018-2019 from the Department of Labor, Employment and Training Administration. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received tinder the provisions of the Act a stun not to exceed $120,445.00 or SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit G" and incorporated herein by reference, during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. Page 5 of 17 B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. C. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. E. CITY has the right to de -obligate the funds hereunder, and take such finding back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. III. TERM OF AGREEMENT A. This Agreement shall commence on July 1, 2018, and all duties arising under this Agreement shall have been performed by June 30, 2019. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT acknowledges and agrees that it must provide follow-up services for one (1) year after the Term, whether funded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT roust submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations inured under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of tmobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal finds or received from the Federal government in accordance with 2 CFR §§200.310-200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. Page 6 of 17 IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. SUBRECIPIENT shall use appropriate funds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators (Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the tenns of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though fully set forth herein. B. SUBRECIPIENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are in education/training activities, or in unsubsidized employment during the 2'd quarter after exit; (b) Percent of Participants who are in education/training, or in unsubsidized employment during the 41" quarter after exit; (c) the median earnings of Participants in unsubsidized employment during the 2°1 quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit; (e) Percent of Participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains; and, (f) effective in serving employers. SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may be subsequently required by the Workforce Innovation and Opportunity Act or by any other Federal, Page 7 of 17 State, and local law. 2. SUBRECIPIENT 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, requiring that no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. SUBRECIPIENT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under- the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. SUBRECIPIENT shall maintain appropriate standards for health and safety in work and training situations. 8. SUBRECIPIENT shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by SUBRECIPIENT for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA 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, SUBRECIPIENT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. SUBRECIPIENT 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 famished to the SUBRECIPIENT by the CITY and/or purchased by the SUBRECIPIENT with funds pursuant to this Page 8 of 17 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, SUBRECIPIENT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. SUBRECIPIENT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The SUBRECIPIENT will disclose to the CITY any invention, written product, or 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 SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The SUBRECIPIENT and the Workforce Development Board (WDB) 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 SUBRECIPIENT purchases ownership with grant support; and, (c) SUBRECIPIENT shall comply with the requirements of 29 CFR Part 97.34. Page 9 of 17 C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, SUBRECIPIENT 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 Enviromilental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the SUBRECIPIENT assures that: (a) No facility to be utilized in the perfonnance 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; and, (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable course of action will be taken by SUBRECIPIENT in order to maintain the integrity of this expenditure of public fiords and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, 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. b. Employment of Former State or CITY Employees. SUBRECIPIENT 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. c. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment in programs provided by, or employment with, SUBRECIPIENT. d. Conducting Business Involving Close personal Friends and Associates. Executives and employees of SUBRECIPIENT 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 SUBRECIPIENT to conduct business with a friend or associate of an executive or employee of SUBRECIPIENT, 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. Page 10 of 17 e. Avoidance of Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non -voting member of a WDB, 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 SUBRECIPIENT 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 WDB 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. f. Salary and Bonus Limitations. All Subrecipients of WIOA program fiords 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. SUBRECIPIENT 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 SUBRECIPIENT, its employees or subcontractors. B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and SUBRECIPIENT 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, with $2,000,000 in the aggregate coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self-insurance of the State of California and CITY (in substantially the form as Page 11 of 17 Exhibit I , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with at least $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT 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, SUBRECIPIENT 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 SUBRECIPIENT 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., SUBRECIPIENT 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. SUBRECIPIENT shall carry medical and accident insurance for those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT 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. Youth Protection. To maintain a safe environment, funded youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $2,000,000. Youth providers will be held responsible for conducting a background clearance (live -scan) for staff that have direct interaction with youth Participants that are under the age of 18. 6. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATESTATUS All corporate SUBRECIPIENTs shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. X. Page 12 of 17 ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement regulations for SUBRECIPIENTs (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, SUBRECIPIENT 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, 2 CFR 200 and 20 CFR. Parts 651 and 654 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; Court orders applicable to its operation; and, The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT 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 SUBRECIPIENT by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XHI. Page 13 of 17 FRAUD SUBRECIPIENT shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of fiords tinder this Agreement. XIV. CONTINGENCY OF FUNDS SUBRECIPIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT 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, SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant. B. In the event SUBRECIPIENT 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 SUBRECIPIENT, 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 mam2er, and (2) costs incurred by CITY in obtaining substitute perfornance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. 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 SUBRECIPIENT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, SUBRECIPIENT shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. Page 14 of 17 BREACH -SANCTIONS If, through any cause, SUBRECIPIENT violates any of the tenns and conditions of this Agreement, and/or prior agreements whereby grant fiords were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of SUBRECIPIENT'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 SUBRECIPIENT 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 SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to SUBRECIPIENT 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: XIX. CITY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) 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 SUBRECIPIENT: City of Santa Ana / Santa Ana Public Library 26 Civic Center Plaza, Santa Ana, CA 92702 Phone: (714) 647-5288 Fax: (714) 647-6913 MERGER This Agreement, together with the attachments hereto, expresses the total understanding Page 15 of 17 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 filly, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 16 of 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above -written. ATTEST: "CITY" G "L�GJy' By: - - Maria D. Huizar 9 Raul Godinez Cleric of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City BY: RECOMMENDED FOR APPROVAL: Ste��4enZq Executive Director Community Development Agency "S UBRECIPIENT" Name: eannie G. Jurado Title: Acting Executive Director Tax ID #: 95-6000785 Page 17 of 17 1. Experiences and Oualiflcations The Seeds to Trees Academy apprenticeship program will be operated by the Santa Ana Public Library in partnership with Santa Ana College. The experience and qualifications of both agencies will be described in this section. A. Briefly describe your organization- Santa Ana Public Library: The Santa Ana Public library (SAPL) is a division of the City of Santa Ana's Parks and Recreation Department (PRCSA). SAPL's purpose is to respond to our community's informational, educational, and personal interest needs using books, materials, technology, and professional expertise. The library is subdivided into 4 primary departments: young adult services, adult services, youth services and technology and support services. B. & C. List the facility address and address of headquarters if different location Please include major cross streets. Indicate hours of operation for facility. • The Santa Ana Public Library Main Branch located at 26 Civic Center Plaza, at the cross - streets of Civic Center and Ross in Santa Ana will be headquarters for the program. Hours: 10 am-9 pm Monday -Thursday and 10 am — 6 pm Friday and Saturday. Computer labs and classroom space available to students are located in the TeenSpace, the basement of the Main Library, and the Mezzanine. All three areas are wired for data transmission using the City's public access Internet. • The Digital Media lab and Teen Center at Garfield Joint Use Community Center located at 850 Brown St. at the cross -streets of 4th Street and Lacy. Hours: 3:00 p.m. -6:00 p.m. Monday -Friday. Facility is equipped with a digital media production studio and a classroom - structured computer lab utilizing state of the art Mac computers. • The TeenSpace at Jerome Recreation Center located at 726 S. Center Street, at the cross - streets of Center and McFadden. Hours: 3:00 pm — 8:00 pm Monday -Thursday and 3:00 pm - 6:00 pm Friday. • Roosevelt E-library: Scheduled to be completed February 2018 D. Briefly indicate what makes your facility youth friendly and suitable for the proposed program. All three locations offer young adults a designated, specially designed space for them to train, learn, work, relax, do homework and meet friends, and are ADA compliant. E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue — The Library's allocation of City General Fund monies for 2014-15 was $3,194,170. Other sources of revenue include a CDBG block grant of $250,000 to support Homework Help Centers. We were awarded a $495,000 IMLS grant for history related programing. 2. Brief description of staff - The library employs 10 full-time librarians, 8 full-time paraprofessionals and 8 full-time clerical personnel. We currently employ 70 part time clerks and tutors in children's, teen and adult programs. Some of our part-timers are paid through the General Fund and others through various grants. Please refer to attachment W-2 for brief biographies of all TeenSpace staff who will participate in the Seeds to Trees Academy Program. 3. Past experience with WIOA programs or other youth programs - The trained staff contributing to this project will be: Young Adult Principal Librarian, Technology and Support Principal Librarian, Lead Case Manager, Out of School Youth Assistant Caseworker, and an In - School Youth Assistant Caseworker, WIOA Program Clerk, lead Out -of -School Youth Sr. Tutor and lead In -School Youth Tutor, Assistant Librarian, Youth Services Technician and Library Operations Manager. The Young Adult Principal Librarian has been the project director for the past 4 iterations of the Seeds to Trees WIA program and will devote approximately half of her work time to guiding and overseeing the program. The Technology and Support Principal Librarian is in charge of CTV-3 programming for the city and has been and will continue to be responsible for effective cooperation with Santa Ana College and its School of Continuing Education to insure that class schedules and locations, content and student monitoring are implemented and problems solved promptly. She also has had and will continue to have oversight of the work experience of the youth participants focused on CTV3 programming, coordinating filming, editing, and web content design through the efforts of her staff. Assistant Librarian Saidy Valdez will serve as Lead Caseworker overseeing the entire program. This will be her second year overseeing the program. An Out -Of -School Youth Assistant Caseworker, an In -School Youth Assistant Caseworker and a WIOA Program Clerk will be recruited and hired for the project. It is anticipated that priority hiring will be given to staff that have previous experience working with the Seeds to Trees WIA program at the library. Lead in -School Tutor and lead out -of -school Sr. Tutors will be drawn from current pool of staff. Additional current staff will have roles as tutors and project mentors. 4. What kind of impact has your organization made on the youth community? The library has maintained a high number of ongoing apprenticeship programs for teens, including a very intensive Summer Volunteer Institute (SVI) that encourages teens to find self- worth and civic engagement though giving back to their community. In 2013-2014 the Young Adult department hosted 825 teen programs in which 3988 teens participated. That same year, the Young Adult department hosted 449 Buddy Programs in which both school -aged children and their teen mentors participated. The buddy programs had a total of 3,294 participants. The library's 350 volunteers completed 8,710 hours of volunteer work, and a majority of the hours were completed through the Young Adult department. At present, teens continue to volunteer through the school year in math, reading, fitness and art "Buddy" programs aimed at young children. There are daily activities for teens at both library branches and the Jerome Recreation Center. Half of our part time staff are involved exclusively in assisting with these projects, and are experienced and committed to the growth and development of the young people they work with. The majority of teens hired through our grant programs have begun their contact with the library through the volunteer program. Our volunteers are mentored by staff and older teens and transition age young adults (18-24), and encouraged to develop personal and academic goals and an understanding of the importance of their work to themselves and others. The library has also been unusually effective in working with probation youth volunteers. Annually, forty to fifty probation youth complete their community service at the library. Ten to fifteen of those continue volunteering at the library when their community service responsibilities are concluded. The TeenSpace program Circle of Mentoring is advised by the Teen Library Club. As a group, these teens have contributed many thousands of hours of community service to the library and to 2 various civic engagement projects around the city. Ninety-eight percent have graduated from high school and 90 percent have gone on to higher education. These are teens that do not represent the top 10-20 percent of their high school class. They are not involved in student government or school activities. They are the quiet at -risk youth whom no one notices. But at our TeenSpace, they are noticed, nurtured and appreciated. In all of our youth -centered programs, two guiding principles have been primary: The Circle of Mentoring concept and its successor, the Seeds to Trees concept. The first emphasizes the value to both mentor and mentee of a close and lasting supportive relationship, and the second the value of providing long-term mentoring, teaching and financial support for developing youth. These principles are the basis of our success with WIA youth in our previous programs. All full- time employees at the library are involved in mentoring the students we employ under WIA. In collaboration, the efforts of staff members have produced notable successes, especially with WIA-mandated goals. The program has achieved full enrollment very early in the cycle for the previous and current WIA programs. In recent years, a total of sixty participants completed the first phase of the training successfully, and were awarded certificates from Rancho Santiago Community College District (RSCCD) testifying to their mastery of digital media preproduction skills. 29 (90%) of youth participants of the 2014-2015 program have successfully attained their Microsoft Office certifications and the remaining youth are currently working with their tutors to complete their certifications. 4 (100%) of our 2014-2015 out -of -school participants have been enrolled in Santa Ana College and are currently receiving training in Business and Digital Media. Participants have been able to take part in the RSCCD Young Entrepreneurs Program, which exposes youth to mechanisms and methods of increasing the marketability of their products and skills. In November of 2014 the TeenSpace Circle of Mentoring Program was recognized with an award from the President's Committee on the Arts and the Humanities (PCAH) which was presented by First Lady Michelle Obama at a ceremony at the White House. The award recognizes the country's best creative youth development programs for using engagement in the arts and the humanities to increase academic achievement, graduation rates, and college enrollment. The awardees—chosen from a pool of more than 350 nominations —are chosen for their impact on the youth of their community. A. Briefly describe your agency - Santa Ana College/ School of Continuing Education: Santa Ana College (SAC) has had a long history of serving Santa Ana youth. Santa Ana College was founded in 1915 as a department within Santa Ana High School. As such, the campus has focused on serving the youth of Santa Ana from its very inception. In 1947 Santa Ana College moved to a permanent campus at 17th and Bristol. It was the second junior college founded in Orange County and the fourth oldest in all of California. The college has evolved into one of the most energetic and fastest -growing comprehensive community colleges in the nation, currently serving 29,318 credit and non-credit students per semester. Santa Ana College provides a dynamic learning environment that prepares students for transfer to four-year institutions, careers and lifelong intellectual pursuits in a global community. The Middle College High School program provides college level instruction to high -school -aged youth. The Centennial Education Center operated by Santa Ana College is the only major Adult Education provider in the City of Santa Ana. The programs offered at Centennial Education Center are award winning, receiving 4 major awards in 2013 from agencies which include the California Department of Education. All programs and services offered at the Centennial Education Center are Tuition Free. SAC also provides access to the (DMC) Digital Media Center, a 28,000-square-foot, innovative, state-of-the-art that features a business incubator for start-up companies, instructional space for SAC's digital media arts, TV/video production and digital music programs. The facility also houses a collection of business seminars related to the digital media and business industries. B. & C. List the facility address and address of headquarters if different location. Please include major cross streets. Indicate hours of operation for facility. 1. Centennial Education Center - 2900 W Edinger Ave, Santa Ana, CA 9270, Cross Street Edinger and Fairview — Hours: Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM 2. Santa Ana College Main Campus - 1530 W 17th St, Santa Ana, CA 92706, Cross Street 171h and Bristol — Hours: Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM 3. Digital Media Center - 1300 S. Bristol Santa Ana, CA 92704 Cross Street Edinger and Bristol — Hours: Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM D. Briefly indicate what makes your facility youth friendly and suitable for the proposed program. In 2002, voters approved a $337 million general obligation bond to renovate existing campus buildings and construct new classrooms for the RSCCD that provided improved facilities for SAC. In November of 2012, additional funds were provided to improve facilities at Santa Ana College. These improved and expanded facilities are now available to provide the best possible educational setting for the next generation of Santa Ana Youth. E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue - A majority of the classes will be undertaken the (CEC) Centennial Education Center. Their annual budget is $13,662,882. These funds come from various state, county, and local sources and are managed by Santa Ana College and the Ranch Santiago Community College District. 2. Brief description of staff - The Centennial Education Center has 5 administrators, 11 Full- time Faculty and Counselors, 297 part time faculty and counselors, along with 103 support staff. The management team is made up of Interim Vice President Jim Kennedy, Dean Nilo Lipiz, Dean Dr. Sergio Sotelo, Associate Dean Christine Kosko, and Associate Registrar Phuong Nguyen. 3. Past experience with WIOA programs or other youth programs - The Adult Education center has had a long history of serving nontraditional high school students of all ages. Their GED and high school diploma programs have been utilized by many members of the Santa Ana community. The faculty and staff are very experienced in helping nontraditional students reenroll into productive educational courses. The Adult Education Center will also have access to the resources that are typically made available to other incoming community college students. 4. What kind of impact your organization has made on the youth community? According to the US Census, 48% of adults over the age of 25 in Santa Ana (over 89,000 residents) do not have a High School Diploma or GED equivalent. Over 20% of households in the city do not have a member in the household over the age of 14 that can speak English fluently. The Continuing Education Center has answered these needs for the last 33 years by providing a place where students lacking a high school diploma could take the steps needed to complete their secondary education. Last year a total of 13,072 courses were completed by all students in the program. The Center served a total of 24,259 students enrolled in various programs. Of these, 4,558 were full-time equivalent students working towards a degree or credential. In addition, Centennial Education Center students earned over 1,400 state approved certificates in English as a second language and career and technical education programs. 2. Proposed Program A. Provide an overview of the pro8ram's main objectives The "Seeds to Trees Academy: Digital Media Technology Institute" program developed by the Santa Ana Public Library in partnership with Santa Ana College (SAC) is a free comprehensive apprenticeship program comprised of paid training and work -experience consisting of student internships and extemships for 15 youth ages 14-24 leading to certifications and college credit in the fields of digital media, business, and computer information technology. Of these 15 WIOA eligible student interns, 12 youth (80%) will be "Out -Of -School Youth" (ages 16-24) and 3 youth (25%) will be "In -School Youth" (ages 14-21). At least 3 (20%) will be foster or probation youth, youth with learning disabilities and/or youth who have dropped out of high school. In addition to the youth populations mentioned above, the program will be recruiting returning veterans who are out —of -school youth (18-24). The program is an evolutionary outgrowth of the library's previously successful WIA funded "Seeds to Trees Digital Media Technology" program that the library implemented successfully for 3 years in partnership with the Rancho Santiago Community College District's (RSCCD) Corporate Training Institute (CTI). This program was revamped for 2014-2015 by modifying the Seeds to Trees approach to include additional elements considered beneficial to the participants of the program. These additional elements are: 1) enrolling all participants in Santa Ana College and paid training leading to transferable college credit; 2) increased focus on work - experience internships and externships at local businesses and city departments leading to potential employment and; 3) a program element that introduces participants to post -secondary Massive Online Open Courses (MOOCs) in a structured staff/tutor led classroom setting. We will continue to focus on providing youth participants with these three additional elements for 2017-2018. (Please refer to attachment W3 for a further explanation of MOOC'S) The program will provide participants with WIOA Elements 1-14. 1) The program will offer students tutoring, study skills training, and instruction leading to the completion of a high school diploma and post -secondary education readiness. 2) Students who are high school dropouts will have the opportunity to complete their high school diploma or attain their GED via programs provided by the SAC School of Continuing Education. 3) Students will have access to occupational skill training in clerical office skills, as well as media technology through Santa Ana College and its Continuing Education Center Program. 4 &5) Students will have work experience and on -the job training opportunities at the library creating design/content for various agency and affiliate web sites, producing videos for the city's CTV-3 channel, and work experience at extemship sites at local businesses and city departments. 6) During their work experience, the youth will operate in teams, where the need for teamwork will help them to develop an understanding of the importance of responsible behavior and an opportunity to display leadership. They will also participate in a Teen Community Leadership Institute program that will be coordinated by library's Youth Civic Engagement internship program. 7) Students will be provided with the educational materials and equipment required to successfully complete the program, as well as transportation to and from program sites from the library. 8) During the entire learning and working period, youth will be mentored and supported by adults and responsible young adults from the library and the College. 9) Follow-up services for a minimum of 12 months after program completion will be provided for youth to support educational and/or employment endeavors. 10) A Masters in Counseling intern and Doctor of Psychology skilled in a variety of fields, including addiction and family counseling, will be available to students as needed to provide counseling and referral services. 11) All youth participants will be provided workshops that will train them in financial literacy, 12) in entrepreneurial skills training and, 13) in labor market information leading to career awareness and exploration. 14) Fieldtrips to post -secondary education institutions, enrollment in SAC study skills, business and/or digital media classes, one-on-one college counseling sessions and workshops, as well as Padres Promotores workshops for youth and parents of in -school youth will serve to help youth prepare for and transition to postsecondary education. Upon eligibility determination, all 15 participants will be streamed into 2 program tracks. Track 1: Out —of -School Youth: Microsoft Offlce Applications certifications and Intro Digital Media Apprenticeships (12 participants; 450 hours ): Digital Media Arts 100 Course (3 Units): 56 hours, Video Production: 40 hours, One-on-one Educational Counseling: 3 hours, MOOC's based certification trainings: 28 hours, Workshops, Field Trips, Trainings: 93 hours, Civic Engagement/Volunteer projects: 30 hours ,Work -Experience Internship/ Extetnships: 200 hours. Track 2: In -School Youth: Microsoft Office Applications certifications and Beginner Digital Media Apprenticeships Qparticipants; 200 hours ): Digital Media Arts 100 Course (3 Units): 56 hours, Video Production: 16 hours, MOOC's based certification trainings: 28 hours, Workshops, Field Trips, Trainings: 30 hours, Civic Engagement/Volunteer projects: 20 hours, Work Experience Internship/ Externships: 50 hours The duration of the Seeds to Trees program is approximately one year (44 weeks), from August 2018 to June 2019. In order for a youth apprentice to receive the maximum benefits of the program, we require that he/she must commit to between 5-12 hours a week of participation. These hours per week include instruction and work experience in addition to workshops to enhance participant skills. There will be 2 Part-time (1 full-time equivalent) lead Case Manager that will be assigned to oversee this program. There will be one Assistant Case Manager for Out —of —School Youth. Case managers will be assisted by part-time Clerk, Sr. Tutor and Tutor staff assigned to the project. Students have the opportunity of interacting with their respective Case Manager at each class, work experience or workshop. On average students and Case Managers will interact 4-5 times a week. For more intensive needs of the students, the Case Manager and/ or additional support staff will be available. 3. Population A. Describe the total number of youth that will be served by this grant. The Seeds to Trees Academy program will serve 15 youth. B. Describe the age ranee of the youth that will be served. Of the 15 youth, 12 will be "out -of -school youth" (ages 16-24) and 3 will be "in -school youth" (ages 14-21). C. Describe any minimum requirements that youth need to have in order to be enrolled into your program (aside from the WIOA Youth eligibility requirements). In addition to WIOA Youth eligibility requirements, priority enrollment will be provided to WIOA eligible returning military veterans who are out -of -school youth (refer to letter of support from SAC Veteran Upward Bound program). Additional priority enrollment will be provided to WIOA eligible youth who have completed a minimum of 30 hours of volunteer service in Santa Ana Public Library and/or Parks and Recreation programs. D. Special consideration for organizations that can serve the following youth Populations: 1. At least 80% of Out -of -School youth (required): Yes we will serve 80% this population 2. At least 10% of youth with disabilities: Yes 10% will be this population 3. At least 10% of foster/emancipated youth: Yes 10% will be this population 4. At least 10% youth that have dropped out of high school: Yes 10% will be this population 5. At least 10% of youth on probation: Yes 10% will be this population E. Specify how the targeted vouth populations (out -of -school youth with disabilities foster/emancipated, probation, dropouts) will be recruited. • Out -of -School and dropout youth will be recruited via referrals from SAC Continuing Education Program, SAUSD (refer C2),Access California services (refer to letter of intent 179) and at outreach events. We will also post flyers and recruit for the program among library patrons (refer to attachment W4). • Youth with Disabilities: The library has had a successful association with serving as a work experience site for the Santa Ana Unified School District's Special Education Program Youth. The Transition Center has agreed to continue to refer youth with disabilities to the Seeds to Trees Academy (please refer to Letter C4 from SAUSD Transition Center). Youth with physical disabilities will be welcome in the program, as will youth with mild learning disorders. We have had tremendous success working with youth who are autistic, and have started a partnership with Easter Seals Autistic Services program. They have agreed to refer youth to our program as well (please refer to letter C5 from Easter Seals Autistic services). Youth with severe cognitive disabilities will find the educational components of the program too demanding. With space in the program limited, it is necessary to offer the training only to those who can benefit from it. • Foster Youth: The library has developed a successful association with Orangewood Children's Foundation which serves foster youth in Orange County, and they have agreed to refer emancipated foster youth for participation in the program (refer to Letter C7 from Orangewood Children's Foundation). Further, the Project Director has been attending meetings of the Foster Youth Breakthrough Collaborative since 2009 and the Orange County Social Services Agency has agreed to refer foster youth to the program (refer to Letter C6 from the Orange County Social Services Agency). Since several project employees are former emancipated foster youth from Orange County, we will have staff on hand uniquely qualified to assist foster youth interns. Probation Youth: The "Seeds to Trees Academy" program plans to recruit youth who are on probation through our partnership with the Orange County Probation Department who have agreed to refer probation youth for participation in the program (refer to Letter C8 from Orange County Department of Probation). We have had great success with probation youth community service volunteers. Forty to fifty probation youth volunteer at the library annually, and ten to fifteen of those remain as volunteers after their service hours are completed. We are currently piloting a program specifically aimed at probation youth that includes workshops on adolescent behavior and attitudes and how they resonate in a student's life, as well as classes in needed academic subjects. F. Include a Letter(s) of Support from organizations that have agreed to refer youth to your program as Attachment C. Refer to Attachment C for letters of support. Recruitment and outreach for the program will occur at the start of the grant cycle 7/1/2018. Prior to the start of the program, the library TeenSpace staff will promote the upcoming "Seeds To Trees" program during its Summer Volunteer Institute program which annually recruits over 120 summer volunteers, many of which are WIOA eligible, and it's Probation Youth Community Service program which has an average annual participation of 40- 50 youth on probation. In addition, staff will make presentations at Orange County FYO (Foster Youth Outcomes) meetings, CASA (Court Appointed Social Advocates) meetings and at local Santa Ana High Schools, to recruit candidates for this program. In addition to Foster Youth, Probation and Youth with disability referrals, Access program OC, and the Veteran's Upward Bound program have agreed to provide referrals of interested participants to our program as well. We will begin accepting notices of interest in the "Seeds To Trees Academy: Digital Media Technology Institute" in May 2018 (refer to attachment W4 for recruitment flyer), and distributing and accepting applications, including gathering all documents required by the Service Navigator to determine youth WIOA eligibility, in July 2018. Once youth eligibility is confirmed, youth will be hired as Work Experience employees (WEX). It is anticipated that all this will occur in the month of August, 2018 in anticipation of the certificate and courses which simulate a college semester. The goal at this point is to have recruited and enrolled at least 12 (80%) of total 15 youth participants planned in the program. 4. Assessment A. Youth Service Providers are required to use the Test for Adult Basic Education (TABS) assessment tool, but may use other assessment tools upon approval. Yes we will utilize the TABE test as an assessment tool. B. Describe how your program will conduct assessments for youth participants, elaborate on the type of assessment tools or surveys that will be used. During the initial recruitment and eligibility determination phase, all student participants will take a TABE assessment test to determine their basic skill level. C. Describe knowledge of the barriers that youth encounter. • Basic Skills Deficiency: Among the youth served by the Santa Ana Public Library, there are a number of barriers associated with poverty preventing the achievement of short and/or long term goals. The most common barrier as revealed by the TABE test is basic skills deficiency. A majority of students tested are performing at or below an equivalency of 8.9 grade level. These students often have difficulties in the completion of their education, are likely to fall behind in semester credits and in turn eventually drop out of high school. • Poor Work History: Students with poor work history are defined as at least 19 years of age and have never had a full-time job. As students continue to search for opportunities in a competitive job market, their limited education and work experience limit their opportunities. Many of the youth do not have reliable transportation to and from school or to the place of employment. As a result it causes an attendance and/or punctuality issue. Many do not have professional clothing readily available for employment interviews or professional events. These barriers are often setbacks for students. • High School Drop -Outs/ Lack of High School Diploma/GED: A significant number of youth in our community come from economically disadvantaged families. Low socio- economic status often leads to a number of impediments to student success such as educational underachievement, higher likelihood of dropping out of school, offender status, teen parenthood, and welfare dependency. Latino students comprise a majority of the student population in the Santa Ana Unified School District. Nearly seventy-two percent of these are reported as dropping out. Statistically, high school dropouts earn lower wages, are more likely to cormnit crimes, and are considered less healthy both physically and emotionally than students that graduate. Many jobs in the market require a high school diploma, so that youth who do not graduate contribute to increasing unemployment rates among youth, juvenile arrests, gang affiliation and births to teens, perpetuating the poverty cycle. • Lack of post -secondary education/ training: Many our students graduating high school do not enroll in post -secondary institutions and enter the workforce to assist their families financially. But with limited education, training, and/or experience it is difficult to find employment with sustainable earnings. As a result many youth become frustrated and resort to substance abuse for escape. Additionally, our students who do enroll in post- secondary education are often first generation students and have difficulties adjusting to the role of college student. Students are often unaware of the resources on campus available to assist them with the completion of their degree. Therefore, many students perform poorly and eventually drop out of college. D. Specify how your organization will address the barriers that youth encounter The "Seeds to Trees" program plans to recruit youth with barriers to employment, educational advancement, and a successful future. The Seeds to Trees program will supports students by providing resources, knowledge and/or informational tools to find personal connections for educational and local workforce opportunities. Students will partake in various activities to enhance their educational, employment and life skills. Youth who are TABE tested and determined basic skills deficient will be provided with one-on- one tutoring in order to assist them to improve those skills. All youth participants will be provided with valuable work experience via internship and externship opportunities offered by the Seeds to Trees Institute. Youth participants who are drop -outs or in danger of dropping out will be enrolled in the SAC School of Continuing Education high school diploma or GED completion program and will be provided with one-on-one tutoring to assist them with classes. All youth participants will be provided work training leading to state recognized certificates in computer maintenance and repair or general clerical as well as industry recognized certificates in customer service and digital media disciplines. To address the barriers to post -secondary education, all youth will be enrolled into Santa Ana College, and will be provided specialized college course training leading to college credits upon completion. Given the dramatic 13% decline in the employment prospects of American teens recently reported by the Brookings Institution, it is vital that training programs offer flexible education models that can adapt to changing needs of employers. The Brookings report found that many of teens would face permanent effects of being locked out of the job market. Per the research findings in the report, we believe that our MOOC pilot program cohorts can help to link high school students to post -secondary educational credentials. Furthermore these courses will help to strengthen career and technical education opportunities in industry specific areas. An additional benefit of these courses is that they are highly adaptable to local job market conditions and can be tailored to the regional labor market as the Brookings institution suggests. 5. Paid & Unpaid Work Experience A. Describe in detail the paid and unpaid work experience opportunities that will be offered to the youth such as: 1. Summer Employment: 5-8 youth participants of 2018-2019 Seeds to Trees Academy program will be hired on as library page interns in the summer of 2019. 2. Pre -apprenticeship programs; 3. Internships or job -shadowing; 4. On -the -Job training opportunities: The entire format of the "Seeds to Trees" program focuses on work -based learning opportunities via an apprenticeship approach. All 22 WIA eligible youth are hired as apprentice Work Experience employees (WEX) and paid an hourly wage to receive a complete in -class and on-the-job training work experience that they can use to propel them into higher education, employment and/or self-employment as a freelance entrepreneur. As part of their work experience, all apprentices will be provided opportunities to obtain internships onsite working on various digital media productions for CTV3, as well externships at sites that have committed to hosting interns from our program. Job shadowing and work based learning will be a part of this program. B. Special consideration will be given to organizations that can prepare youth for targeted in -demand industries as identified in the SAWIB's five year plan: This WIOA program will have a variety of supportive partnerships to guide youth into in - demand career fields. Youth interns interested in pursuing careers in manufacturing will have the 10 opportunity to work with artisan manufacturers at the People's Soap Company or to pursue a career in a variety of construction related careers though referrals to the OC Labor Federation. Those interested in healthcare and social services fields will work closely with the OC Chapter of the National Association of Hispanic Nurses to identify employers that can utilize the intern's digital media training. These interns will also have the opportunity to intern at the LGBT Center to help them provide social services to their populations. As a result of the proximity to several downtown hospitality and entertainment businesses the interns will have a number of nearby options to pursue after their training. Marcas Gallery, and MC Gallery have agreed to host and train interns from this program in the requirements needed to run art related businesses. Additional entertainment options include positions at Downtown Inc. and the online ticketing/event company EventFire. Interns aged 21 and over will also have the option to intern with event coordinators at the Copper Door as part of their social media team. Environmentally interested interns will be able to work with the Santa Ana Zoo and Heritage house on promoting and implementing sustainability programs at each site. As part of their training, youth will be trained to provide digital media support and promotion for all the above industries. Additionally, youth will be trained to work in the government sector that has many of the components of the above industries, such as recreation centers, library, and public works. All youth will have opportunity to work part of their externship hours at the newly built Roosevelt E-Library (projected to be built 6/2018) assisting with implementing new programs at the center. C. Special Consideration for organizations that offer job training/preparation in the industries of: 1. Science, 2.Technology, 3. Engineering, 4. The Arts, 5. Math The Digital Media Institute will prepare interns to enter a wide range of STEAM -related industries by providing them a solid foundation in how to capture, edit, and distribute media content for their employer. This training will introduce the interns to real world applications for digital media technology within a flexible framework that can be applied across different industries. This built-in flexibility emphasizes the need for each intern to approach their future careers by merging science and technology with an understanding of artistic considerations across industry barriers. D. List some of the employers that will assist in the paid and unpaid work experience opportunities. The Santa Ana Public Library has agreed to hire youth apprentices who have interned/externed at the agency contingent upon youth work performance and availability of resources. Additional potential employers who have committed to hosting interns, and may hire youth apprentices who have interned in their sites are: the Frida Cinema, the Bower's Kidseum, Heritage Museum of Orange County, Batch co-op space, , Marcas Gallery, the LGBT Center OC, Downtown Inc., Left of the Dial Records, and the Suavecito. Additionally, OC Animal Care confirmed that they will give youth apprentices the information and workshops intended to advance a career in animal care. (Refer to attachment F12) 11 Staff will continue to pursue additional employer partnerships during the course of the program to ensure that youth get a wide variety of employment options. SAPL staff members are working closely with the following City departments to identify additional positions: Treasury Department of the Finance and Management Services Agency, the Planning and Building Agency, the City Attorney's Office, and the Santa Ana Zoo. E. Include Letters of Commitment from employers as Attachment D. (Attached) F. Include a copy of the Work Experience policy as Attachment E. (Attached) 6. Alternative Secondary School Services A. Describe in detail the alternative secondary school services or dropout recovery services that will be made available for youth. The program will be partnering with Santa Ana College's Adult Continuing Education program to provide additional dropout recovery education support programs to out -of -school youth participating in the program (Please refer to Letter F2 from Sac Continuing Ed program). B. Describe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. The following classes will be provided at no cost to out -of -school participants at the designated Parks and Recreation -Library "Seeds To Trees" program training sites: • Adult High School Diploma Program • High School Exit Exam Preparation (GED, HSET, etc.) for participants requiring the services • Adult Basic Education (0 to 81h grade level) for participants needing additional assistance in improving their basic literacy/numeracy skills. These classes will aid greatly in dropout prevention and dropout recovery for youth participants who are struggling with high school completion. Additionally, youth who have dropped out or are in danger of dropping out will have additional hours assigned to their designated dropout prevention/ recovery mentor. They will meet weekly with their mentor and receive one-on-one help with their completion programs. 7. Preparation for Postsecondary Education and Training A. Note: WIOA only accepts certificates that are accredited by a State recognized educational entity or are recognized by employers. Certificates and college credit courses will be provided by Santa Ana College and/or SAC Continuing Ed program. Students will be receiving certificates of completion for Microsoft Office basics from industry recognized MOOC providers, as well as Digital Media Certificates from CTV3. B. Special consideration for organizations that offer preparation for postsecondary education and training in high -demand industries. Students will receive training in Digital Media arts and business, both high demand industries. 12 C. Identify and/or develop a pathway for vouth that can lead them from high school to career or college. Please elaborate on the specific pathway(s). The program will seek to work with small and large businesses to identify current and evolving job opportunities and to learn what employers look for in candidates. The apprenticeship will give students the chance to earn college credit in career related fields. 2013-2014 job shortages included positions in marketing, computer programing, computer science marketing, and systems analysis. We will continue to expand our program's focus on providing the skills necessary for our participants to engage high value jobs in the region's emerging industries. The training provided in our work plan provides the participants with the first steps they will need to take in order to begin the process of obtaining the education needed to begin a career in these high demand fields. The use of MOOCs is a tool with which the students are introduced and guided through college level course work. The introduction to college via classes in business and intermediate digital media arts will reinforce this as well. It is our belief that this early introduction to a college education will encourage them to pursue a degree after the program is completed. Additionally, the high level of computer programming and technology to which the digital media technology courses and MOOC's will expose our youth will help them transition into other computer -programming -related fields. D. Describe in detail how the program will prepare youth for postsecondary education and training. 1. The Seeds to Trees Academy program utilizes a blended program approach that combines traditional post -secondary education, in -person training and educational methods with cutting edge online post -secondary training and educational methods via MOOC's. 2. All youth participants in the Seeds to Trees Academy will be enrolled in Santa Ana College, and will be able to obtain at least 3 college credits via the completion of an Intro Digital Media Basics course 3. All youth will receive one-on-one and group higher education counseling hours and workshops from Santa Ana College. They will work with their counselor to develop a higher Education plan. 4. In -school youth and their parents will participate in youth higher education preparation workshops put on by Padres Promotores for Higher Education from Santa Ana College. 5. Youth in follow-up year will also have access to one-on-one college counseling sessions and workshops. 6. All youth will attend College Scholarship workshops that will provide them the opportunity to apply for college scholarships (please refer to attachment W-5). E. How will your organization expose youth to the various post -secondary educational institutions (colleges, universities, vocational training schools, apprenticeships, etc.). 1. Out -of -School youth will be enrolled in college level SAC courses in the field of digital media. This will insure that our program will enroll each one of our participants in a center for higher education by the end of the first quarter. 2. Participants will be introduced to post -secondary education via MOOC's that will provide access to courses from some of the most elite universities in the U.S and the world. 3. Interns will attend workshops on college searches, college applications, scholarships and financial aid, as part of their on-the-job training. Interns will also be taken on field trips to local 13 colleges such as Santa Ana College, Cal State Fullerton, Chapman University, the Art Institute in Santa Ana, Cal State Long Beach and UC Irvine. 4. The Santa Ana Public Library works closely with the Adelante program at Santa Ana College, an initiative advocating for a college degree in every home in the city. High school students may enroll in the Adelante program and upon completion of general education requirements are guaranteed admission to either University of California Irvine or California State University Fullerton. 5. Santa Ana College and Santa Ana Public Library have recently partnered to create a Higher Education Center (HEC) at the Santa Ana Central Library. Youth will be provided access to all services/programs planned at the HEC (Please refer to attachment W-5 for list of HEC services/programs) F. Describe the certificates that youth will be able to earn while in your program or within 1 year after exit. 1. Santa Ana College Course Credits • 3 College Credits: Art 195: Intro to Digital Media Arts (15-25 Youth) 2. Santa Ana College School of Continuing Education • Adult High School Diploma Program • High School Exit Exam Preparation (GED, HSET, etc.) for participants requiring the services • Vocational courses leading to the attainment of state -approved certificates in areas of entry-level high employment potential. This will be provided in follow-up year. 3. Massive Open Online Course (MOOC) Pilot Program Certificates: • ALISON— Advanced Learning Interactive Systems Online (Alison.com). Provides industry recognized free certified training in a variety of subjects. Currently used by Em ploy Florida and Virginia Workforce Connection to train job seekers requiring additional skills and certifications. • Microsoft Digital Literacy- IT Basics, Internet & Productivity Programs Diploma (35 youth) - Diploma is verified by Microsoft and is industry recognized. (Completed during program year) • Google Applications Certifications — courses and certificates developed and verified by Google and are industry recognized. (Offered during Follow-up year) o Google Webmaster Certificate o Google Fundamentals of Marketing Youth Business Online Certificate o Fundamentals Google Does Certificate o Exploring Google Apps Certificate o Google Applications for Business certificate o Fundamentals of Google Android Development Certificate o Google AdSense Certificate o Google Analytics Certificate o Google SketchUp for 3D Modeling certificate • EdX- "is a not -for -profit offering the highest quality education, both online and in the classroom. Founded by the Massachusetts Institute of Technology (MIT) and Harvard University, EdX offers online learning to on -campus students and to millions of people around the world. EdX is building an open -source online learning platform and hosts a web portal at www.edx.orfor online education". In addition to providing courses 14 leading to certificates of completion from Harvard and MIT, EdX also provides access to courses and certificates of completion from a host of highly accredited Universities throughout the U.S and the world. Will be offered in follow-up year. Youth Participants will be able to participate in tutor assisted online courses leading to "Honor Code Certificates of Achievement" from the university that administers the course. We will focus on tutor assisted courses focused on Digital Media, Information Technology, and/or Business application topics, depending on the availability of these courses on the EdX platform. G. Include data and research that supports the industries or pathways listed above. Caring mentors and teachers are only a part of the overall program designed to ensure that participants are able to find gainful employment upon exiting the program. More importantly the "Seeds to Trees Academy: Digital Media and Information Technology Institute" enables youth to undertake apprenticeship training in technologically advanced fields. An examination of the California Occupational Employment Projections for 2010-2020 suggests that computer technology -related skills is such a field. According to this study the top 50 fastest growing occupations include software related fields that will grow at the projected rates of 31.9 with a median annual wage of more than $100,000. Other growing fields requiring a bachelor's degree include Marketing Specialists (24,600 jobs), Database Administrators (3,600 jobs), and Software Developers (24,100 jobs). There will also be 31,200 jobs for Computer Support Specialists that will not require a college degree. These positions will be filled with individuals with the technical training needed to meet that positions industry recognized requirements. Advances in information technology have inundated the lives of millions with a vast amount of media. User generated content has fast become a source of news, entertainment, and artistic expression for an entire generation of web savvy individuals. As e-commerce continues to grow at faster rates than the rest of the economy, the ability to express one's insights with multimedia presentations has become an increasingly marketable skill. Those individuals with the proper training and knowledge of software tools will be in a prime position to excel in a 215i century economy. Many of our local youth are already naturally web savvy and are open to the idea that they could one day follow a career in software creation. In this way, the academy taps into a youth's desire for self-expression and teaches valuable work skills in the process. In addition, the training from this program will open up to students the possibility of working in one of the industry clusters that the WIB board identified in their 5 year strategic plan. These clusters include established fields of hospitality, government positions, and clerical positions in finance, insurance, and real estate clusters. Opportunities for job growth also exist within the emerging clusters of advanced manufacturing, information technology, and other scientific services. In the longer term, the Bureau of Labor Statistics' latest Occupational Outlook (http://www.bls.gov/oco/ocos090.htm) suggests that video and web design -related employment will grow between 8 and 24 percent in the next ten years (Please refer to attaclurient W-6 for more detailed breakdown). H. Include Letters of Intent from training agencies as Attachment F. 15 Please refer to attachment F1 and F2 for letters of intent from Santa Ana College, The School of Continuing Education and the Youth Entrepreneurship Programs. 8. Tutorima I. & J. Note: Youth Service Providers are required to use the Test for Adult Basic Education (TABS) on ALL youth to assess their literacy and numeracy skills. Youth who score 8.9 and below are considered "basic skills deficient" who should receive tutoriny or remedial training to improve their literacy and numeracy skills. Describe in detail the tutoring resources that will be provided to vouth. The Santa Ana Public Library currently operates an after -school tutoring program in its Central Library and Newhope Learning Centers as well as in its Jerome and Garfield TeenSpace programs. All student interns will have access to these tutoring services. Prior to acceptance into the program, all WIOA enrolled youth will take a TABE test to assess their levels of basic skills. All enrolled youth who are basic skills deficient will be assigned a TeenSpace Sr. Tutor or Tutor mentor who will schedule time to tutor them on a daily or weekly one-on-one basis to increase their basic skills to the 9th grade level. Students who are not basic skills deficient will also have access to one-on-one hands-on tutoring, primarily in English (as this is what is most needed in the production field) with the goal of increasing the grade levels of their English abilities. Tutoring help will be provided to in -school youth who are in 12th grade to complete their high school diploma. Out of school youth who do not possess a high school diploma must enroll in the SAC Continuing Education High School Diploma or GED completion program. These youth will be assigned a Tutor mentor to assist them with their diploma or GED test preparation. Sr. Tutor and Tutor mentors will utilize TeenSpace math and English computer software applications and MOOC courses as a creative strategy to assist all their students to increase their literacy and numeracy gains. 9. MentorinQ K. Specify how vour organization will provide mentoring to youth. Mentorship has always been a cornerstone of the Santa Ana Public Library's Teen (12-18) and Young Adult (18-24) programming, and it will be a cornerstone of the "Seeds to Trees Academy" program as well. All program participants will be assigned a Tutor Mentor, who they will meet with individually on a weekly basis for 30 minutes as part of their on -the job training. They will discuss the progress of their vocational and on -the job training as well as any additional educational tutoring and support service needs that they may have. Tutor Mentors will provide the necessary resources to meet their mentees' needs. Tutor Mentors will also schedule their mentees' tutoring time at this meeting. In addition to mentoring from their assigned Tutor Mentors, interns will also receive mentorship on their particular production projects from project mentors. These Project Mentors will be responsible for helping interns develop and produce content for programming on specific topics. They will also receive mentoring from the Case Managers who will meet with them on a bi-monthly basis to track their progress and needs. Interns will also receive additional mentoring from their in -class vocational training instructors and externship employers. 16 L. Specify what types of support your organization will offer youth who are facing challenging obstacles such as: family dysfunctions mental health issues low self-esteem probation, gang issues, parenting issues, etc. Dr. Lawrence Singer, who has a Doctorate in Psychology, will be on -staff to provide guidance with life skills workshops, and referrals to counseling services to help youth in successful development (Refer to Attachment W-7). Counselors will compile a resource binder for use in referring youth to (Please refer to attachment W-7 for resumes of both counseling staff members). M. Will your organization offer mental health services or referrals to mental health agencies, describe. Yes, we will offer counseling per previous answer and will provide referral service to local service providers. N. Describe how your organization will provide or refer youth to comprehensive guidance and counseling for drug and alcohol, etc. The program provides referrals for youth to comprehensive guidance and counseling for drug and alcohol. We will get support for these referrals from our counselors on staff and from our health agency partners. Additionally we will be providing "The Truth about Drugs" drug education program workshops in partnership with drugfreeworld.org. These workshops will also serve as a referral point. (Please refer to attachment W8 for a referral list of drug and alcohol counseling providers and for a description of the drigfreeworld.org program.) ID. Workshops O. Provide information about the following workshops and how or when the workshops will be provided to youth in the program: 1. Financial Literacy/ Budget Management A Workplace Financial Education Program will be presented by Orange County Credit Union (refer to Letter of intent F3) 2. Entrepreneur Skills Training Rancho Santiago Community College District's Youth Entrepreneurship Program (YEP) will provide a 5 week series of two hour workshops that will teach youth the basics of entrepreneurship (refer to Letter of Intent 174) 3. Labor Market Information WHW (WomenHelpingWomen/Men2Work) will provide workshops on labor market information, as well as employment readiness (Refer to Letter of Intent 175). Additionally, staff will provide workshops on navigating the 0-Net https:/hvww.onetonline.org/ online tool for career exploration and job analysis. 4. Family Planning The Cal State University Fullerton Community Nursing program will provide a series of workshops on pregnancy prevention and sexual health (refer to Letter of Intent F6) 5. Worker's Rights/Labor Laws 17 The Orange County Labor Federation will provide workshops on Labor Laws and Worker Rights (refer to Letter of Intent 177). Additionally, the Library's former SEIU Union representative (1/2010-1/2015) Zulma Zepeda will provide training/workshops on Santa Ana employee Worker's Rights/ Labor Laws. 6. Analytical Skills at the Workplace HR Consultant Quinn Hedrick, will provide workshops on Workplace Analytical Skills (Refer to letter of Intent F8 and attachment W-9 for a brief biography of Mr. Hedrick). Additionally, Access California Services will provide employment preparation workshops (Letter of Intent F9). 7. Health Resources The Orange County Chapter of the National Association of Hispanic Nurses (OCNAHN) will provide several health education workshops on a variety of health topics, as well as workshops on health careers (Refer to Letter of Intent F 10) 8. Public Speaking Skills Latin Leaders Toastmasters organization will provide workshops on communication and leadership. Interns will be assigned to attend these workshops during the course of their work - experience (Refer to Letter of Intent F11). 11. Civic En,-agement or Leadership Development A. Can your organization offer a civic engagement opportunity or leadership development opportunity for WIOA youth and other youth in the community, if so, please describe. In response to the priorities set in the five year strategic plan, the City of Santa Ana has begun to implement a youth civic engagement program designed to encourage youth to become actively involved in the Santa Ana community. These efforts have resulted in the creation of the Youth Civic Engagement (YCE) internship program. The youth selected for the YCE program have a mandate to identify and implement strategies designed to increase civic participation among youth in Santa Ana. In 2015 & 2016 the YCE interns will organize a 6 week long Summer Youth Leadership Institute (refer to attachment W-10 for a tentative proposal for this program). This program will begin with a Summer Youth Volunteer Fair. The event will assemble fifteen or more local organizations at an outdoor venue where they will have the opportunity to meet and recruit youth in Santa Ana to become civically engaged via surnmer volunteer opportunities (refer to attachment W-11 for a proposal of this fair). This is an opportunity for youth to build their resumes, learn about the breadth of volunteer opportunities available in their community, and develop civic awareness and leadership skills. In addition, the Civic Engagement Interns will have the opportunity to participate in the Teen Library Club volunteer program, and join in the many community and library volunteer service projects the Club undertakes, including the Santiago Creek Clean-ups, OC Marathon Clean-ups, Heritage House Gala Fundraisers, Autism Walk, Library Halloween Haunted House, Santa's Corner, and Library Book Sales. Opportunities added to the program this year include the organization and promotion of photo scanning events to preserve and share local history. Additionally, all student interns will spend a portion of their on-the-job work time assisting TeenSpace staff in one of our `Buddy" programs. As part of the "Buddy" program, student interns will learn to mentor and serve as role models to younger children (4-11) in a variety of 18 ongoing "Buddy" programs such as "Reading Buddy", "Math Buddy", "Art Buddy", "Sports Buddy", "Healthy Buddy", "Garden Buddy", "Acting Buddy" and "Science Buddy". Access California Services (Letter of Intent 179) and Latin Leaders (Letter of Intent F11) will provide several leadership workshops to youth interns as well. B. Indicate the number of youth that will participate in the civic engagement or leadership development opportunity. The Summer Youth Leadership Institute program will target Santa Ana youth between the ages of 14 and 24 years. Youth will be recruited through a combination of planned entertainment, free food and beverages, and partnerships with the represented agencies. Given previous experience working with organizing community fairs, our department estimates that we will have roughly 200 youth in attendance at the fair. The YCE will organize a curriculum for up to 80 youth to participate in the 6 week leadership program following the volunteer fair. These youth will be drawn from interns from other WIOA programs as well as from the general young adult (14-24) population of Santa Ana. These 80 youth will be given an overview of the basics of civic participation including but not limited to lessons on the organizational structure of the City of Santa Ana, the various locally elected positions, and differences between City, SAUSD, and County government. The participants will then be divided into smaller cohorts to work on specialized civic projects of their own choosing. All 15 WIOA youth will be part of these civic engagement projects. The attendance at the individual events ranges from 5-60 people depending on the size of the event. Most of the sessions will take place in groups of less than 20. C. Special consideration for organizations that can leverage funds to provide services to non-WIOA youth participants. We are able to leverage our funding to include the WIOA youth participants in a host of civic engagement events throughout the programing calendar. The active engagement of Santa Ana youth in civic affairs is part of the core mission of the SAYL T eenSpace program. The Youth Leadership Institute program will leverage funds from the general fund allocation to Civic Engagement to meet the strategic goals of both WIOA and the YCE programs. Youth from WIOA will be given a priority in applying for this institute, although the program will be open to all Santa Ana youth age 14-24. 12. SupEortive Services E. Will your organization provide supportive services to youth such as gas cards bus pass childcare assistance, etc. If so, please describe. Seeds to Trees Academy program will provide supportive services, in the form of transportation to and from training sites, professional clothing assistance, college course books, portfolios and background checks/live-scans. Additionally, youth WIOA participants will be able to participate in the City of Santa Ana Employee Blue Skies program and receive incentives for using an alternate mode of transportation to commute to and from work each day ( please refer to letter of intent F13 and attachment W-12 for benefits of the Blue Skies program) 19 Q. Include the Supportive Service Policv as Attachment G.: Attached 13. Incentives A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals, if so, please describe. No, we do not provide incentives as our focus is in providing a paid work experience and training. We do however have a scholarship program that has been established by one of our previous WIA Seeds to Trees youth interns; "The Seeds to Trees" Scholarship which provides an annual scholarship of $300 to a WIOA youth. Incentives are provided via the Blue Skies supportive service program that all WIOA youth will be enrolled in. The youth will be eligible for the following incentives from the Blue Sky program: Carpooling $20-$60 a month, Bus users: $45 a month; Biking and walking $20-$45 B. Include the Incentive Policv as attachment H — Not Applicable 14. Follow -Up Services A. Youth Service Providers are required to provide follow-up services to youth participants The Seeds to Trees program will provide follow up services for these time periods. B. Elaborate on the types of services that will be provided to youth during each quarter during the 12 month follow-up period. Youth will be provided the following services and activities during the 12 month follow up period: 1. College Counseling (Provided by Santa Ana College): Santa Ana College will continue to provide up to 2 hours of one-on-one College Counseling to youth after exit, to help thern keep on track in the post -secondary educational pursuits. 2.2019 Summer Youth Leadership Institute: Youth Interns will continue internships in the summer months at the Summer Youth Leadership Institute Program. 3. Digital Media Apprenticeships: 8-10 interns from 2017-2018 will be hired as library pages in July of 2017, and will serve as digital media apprentices and peer mentors for the 2018-2019 incoming WIOA youth. C. Describe if your organization will provide case management, job retention services, mentoring, and ensure the participants attains their goals. We will continue to provide one-on-one mentoring, tutoring and case -management services. Additionally, we will provide skills development workshops as well as advanced MOOC workshops to reinforce what they have learned. D. Describe how your organization will ensure that youth meet the Performance Indicators during the follow-up period. 20 Interns will attend career skills on -site instructor -based and MOOC-based workshops on resume and cover letter creation, interviewing tecluiiques and "Dressing for Success" as part of their on- the-job training. Towards the completion of their program, interns will also attend workshops on job searches, submit applications, and post their resumes on several sites. The youth are brought into contact with potential employers and taught to present themselves effectively in the job market. Students have access to an employment binder where a number of job postings are included weekly. In addition the Case Manager sends several job leads to each participant's email weekly. After exit, students will continue to have access to the employment binder and also receive emails from Case Manager in regards to possible job leads E. Describe if your organization will provide youth with incentives or supportive services during follow-up to assist youth retention. Youth will continue to receive college counseling, referrals, and access to all services that library provides for free. We will not provide incentives, other than inviting youth to celebration events, and providing food and entertaimnent. F. How often will the youth be engaged or receive service during the follow-up period At minimum, youth will be contacted on a monthly basis and will be encouraged to continue meeting with their mentors on a monthly basis. Additionally, youth will be part of a mailing list with invites to all library/TeenSpace events, special programs and workshops. 15. YVIOA Performance Indicators A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: (Please see attachment for Performance indicators) 16. Prior Outcomes A. If your organization was previously awarded a WIA contract through the Santa Ana Workforce Investment Board, OC Workforce Investment Board or Anaheim Workforce Investment Board please disclose your organization's past performance outcomes for the past 1-2 years from each WIB if applicable: Performance Outcomes '(Santa Ana WIB grant) COMMON MEASURES 2012 (Example: 5 15 — 33%) 2013 (Example: 5 15 33%) . Increased Literacy/Numeracy Skills 7 — 8 = 88 % 16 - 18 = 89 % Entered Employment or Post -Secondary 1 — 1 = 100 % 2 — 5 = 40 % Attained Credential/Diploma/Certificate 20 _ 20 = 100 % 21 - 21 = 100 % 21 17. Fiscal Competency A. Describe the process used to capture and report fiscal data. The City of Santa Ana uses the Lawson Financial Management System to capture, report, and monitor revenues and expenditures. Grants are provided a unique accounting unit and activities are used to track grant program expenditures and grant matching funds. Every expenditure requires an accounting unit and activity number. Lawson is capable of generating reports at the accounting unit or activity number level. B. Attach a copy of the organization's procurement policies and procedures as Attachment I. (Attached) C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs. The management of the City of Santa Ana has established a comprehensive internal control framework that is designed both to protect the government's assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the City's financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the City of Santa Ana's comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free from material misstatement. As the City, we assert that, to the best of our knowledge and belief, the financial information is complete and reliable in all material respects. Additionally, the City is also required to undergo an annual "Single Audit" in conformity with the provisions of the Single Audit Act of 1996 and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. The standards govening Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statements, but also on the audited government's internal controls and compliance with legal requirements, with special emphasis on internal controls and legal requirements involving the administration of federal awards. D. Describe invoicing process and list qualifications of staff assigned to task. The invoicing process will consist of a review of each period's expenditures, identifying eligible expenditures and submitting a periodic report documenting eligible expenditures. Staff assigned to this task has many years of experience in reporting to local, state and federal agencies. Additionally, staff assigned to the task has performed this function during prior grant years. With each WIA report submitted staff continues to gain experience to provide information more efficiently and effectively. E. Describe how your organization Is financial stability is not dependent on WIOA funds. The City receives over $400 million in revenue each year. Additionally, Parks, Recreation, and Community Services Agency (PRCSA) is appropriated approximately $17.7 million from the General Fund. The amount requested in WIA funds is approximately $400,000, which 22 represents approximately 2% of the Agency's General Fund appropriation and therefore the Agency's financial stability is not dependent on WIA funding. On the other hand, while the amount of WIA funding is small in comparison to PRCSA General Funds, these funds allow PRCSA to provide very valuable educational opportunities to Santa Ana residents. With such a large City the demand for services often exceeds the available resources. For this reason PRCSA is requesting WIA funding to provide services that otherwise would not be provided by the City due to the limitation of funds. F. Identify the percentage of budget that will 20 directly to youth (i.e.: work experience payments, direct training supportive services incentives etc) versus the percentage of overhead and administrative costs. 90% of the budget will be directly spent on youth in the form of work experience, training, supervision and mentoring. G. Submit most recent 2 years of audited financial statements as Attachment T & U with the Audited Financial Statement Form signed (Attachment S) For a complete look at the 2 latest Comprehensive Annual Financial Reports for the City of Santa Ana please visit: http://www.santa-ana.org/finance/cafr/default.asp H. Please include 1 budget form and 1 budget narrative for PY 2015-2016 and one budget form (but not a narrative) for 2016-2017. (Attached) 18. Additional Attachments A. You may include additional documents such as flyers brochures training descriptions and/or testimonials that support your proposal and/or further describe the program as Attachment W. Please see following page for list of additional attachments. W-# Example: WIOA Youth Brochure W-1 Letter of Support from Congresswoman Loretta Sanchez W-2 TeenSpace Staff Biographies W-3 Description of MOOC's W-4 Recruitment Flyer for Seeds To Trees Academy W-5 SAC Higher Education Center @ SAPL Programming W-6 Occupational Outlook W-7 Resume's for Counseling Staff: Dr. Larry Singer (PsyD) and Krystal Zavala (MS Counseling) W-8 List of Referrals for Drug and Alcohol Recovery Programs and Description of drugfreeworld.org 23 W-9 Quinn Hedrick— HR Consultant Biography W-10 Summer Youth Leadership Institute Proposal W-11 Summer Youth Volunteer Fair W-12 Blue Skies : Commuter Services Program Brochure W-13 List of Planned Field Trips W-14 List of CTV3 Past Videos produced Youth Interns W-15 Life -Skills and Self -Esteem Workshop Syllabus W-16 Santa Ana College CASP Program Brochure W-17 TeenSpace Program Schedule and Flyers W-18 Testimonials from Past and Present WIA youth 24 YSPN MEMBER PERFORMANCE PLAN 2018-2019 Santa Ana Public Library WIOA YOUTH POPULATION Youth Population .Ages # of Youth to be Served In -School" 16-18 3 'Out -of -School (75%minimum) - 16-24 12 TOTAL NUMBER OF YOUTH TO BE SERVED 15 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 100%OF YOUTH MUST BE ENROLLED BY 2ND QUARTER-DECEMBER 31, 2018) Quarter # of Enrollments per Quarter Estimated Expenditures per Quarter 1:e 12 $30,000. 2° ,(100%Enrollment Required) 3 $30,000 3 $30,000 4` $30,445 EEEEI TOTAL . $120,445 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided in your program July 1, 2018-June 30, 2019 (Projected Benchmarks subject to change) X 1. Tutoring, study skills training, dropout prevention 1. %of Participants who are in education/training, strategies or in unsubsidized employment during the 2°d quarter after exit X 2. Alternative secondary school services or dropout recovery Benchmark: 66% X 3. Paid & unpaid work experience that have academic 2. %of Participants who are in education/training, and occupational components, which may include: or in unsubsidized employment during the 41h summer employment, pre -apprenticeship, internships quarter after exit &job -shadowing, or On -the -Job training (209/oof Benchmark: 68% funds must be used for this element) X 4. Occupational skills training —priority for recognized 3. The median earnings of Participants in credentials aligned with sectors in -demand unsubsidized employment during the 2"d quarter after exit Benchmark: Pending* *Pending further State and Federal guidance. X S. Education offered concurrently with workforce 4. % of participants who, during the program, are in preparation activities education or training that leads to a recognized postsecondary credential or employment AND who X 6. Leadership development -community service & peer centered activities are achieving measurable skill gains Benchmark: Pending* X 7. Supportive Services X 8. Adult mentoring *Pending further State and Federal guidance. X 9. Follow-up services for not less than 12 months after S. %of Participants who obtain a recognized exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit X 10. Comprehensive guidance & counseling drug & alcohol, etc. Benchmark: 58% X 11. Financial literacy 6. Effectiveness in serving employers Benchmark: Pending* X 12. Entrepreneurial skills training X 13. Labor marker information -career awareness and exploration *Pending further State and Federal guidance. X 14. Activities to help youth prepare for and transition to postsecondary education EXHIBIT B COMPLAINT HANDLING UNDER THE WORKFORCE DEVLEOPMENT ACT SANTA ANA WIOA Santa Ana Local Workforce Development Area Revised April 25, 2018 Exrnsff c Table of Contents I. Information Regarding Compl A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights m 3. Nondiscrimination laws under WIOA 4 4. How to File Your B. Criminal Comp n. II. General Procedures for Handling Non -Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWDA IV. Procedures for Handling Complaints at the State Leve V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 17 GLOSSARY OF WIOA TERMS 2 EXHIBIT C Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) 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 WIOA, all contractors in the Santa Ana LWDA 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 Innovation Opportunity Act of 2014 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 WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA 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 WIOA. EXHIBIT C Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development 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 Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disabiity, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above; f You may not be denied the opportunity to enroll in WIOA. • No benefits or services maybe denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIOA 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 WIOA 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 EXHIBIT C Prohibits discrimination based on disability. 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. Egual 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: s EXHIBIT C Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA 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 INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIOA and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the EXHIBIT C receipt, investigation, hearing, and resolution of complaints by WIOA 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 LWDA. 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 WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIOA 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-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA 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 written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. 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 LWDA 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. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA 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 WIOA programs operated by the Santa Ana LWDA 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 LWDA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWDA 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. 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. 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 LWDA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. 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: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 EXHIBIT C 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 LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information; a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWDA 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 LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 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. zo EXHIBIT C 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWDA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Development Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA 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. EXHIBIT C D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWDA 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 LWDA'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 683.600, 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 LWIDA's established procedures under Section 683.600. 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 LWDA and the State Review Panel in accordance with Section 683.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record 12 EXHIBIT C established at the LWDA level and shall issue a decision based on the information contained therein. 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 LWDA 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 LWDA 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 LWDA 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 LWDA 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 LWDA. It shall be the responsibility of the LWDA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level 13 EXHIBIT C If no decision has been issued at the LWDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 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 LWDA 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 LWDA b. Name, address, and telephone number of the LWDA Copies of complaints made at LWDA 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. 14 EXHIBIT C Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA 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 LWDA'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 LWDA's procedure under Section II (A). 15 EXHIBIT C 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 LWDAs Informal Resolution Process Unsatisfactory Decision or LWDA Decision not issued within 60 days o Request for State Review � w Governor's Decision issued by State Review Panel o If no decision issued by State Review Panel Appeal to DOL 0 0 0 15 EXHIBIT C 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 VI. Procedures for Handling Disability Complaints by Participants Complaints alleging discrimination on the basis of disability 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 LWDA'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 LWDA Level 1. The complainant shall file his/her complaint directly with the Santa Ana LWDA. 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 LWDA 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 LWDA. 17 EXHIBIT C 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. zs EXHIBIT C No later than 180 days of alleged discrimination Filed within 30 days of LWDA/State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis Of Disability with LWDA Informal Resolution o If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted LWDA Decision Unsatisfactory Decision or No Decision o State Review Governor's Decision Appeal to Assistant Secretary Department of Labor Day 1 Day/45 Day 60 Days 19 EXHIBIT C GLOSSARY OF WIOA 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 WIOA 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. ur1/-\MUINO r/iKI r (Gr)UUIVII-LAIIVAN I GKIEVANI UR 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 . INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that constitutes or results in a substantial challenge to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual 'joint complaints" are normally investigated by EEOC 20 EXHIBIT C unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post -termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. 21 EXHIBIT C CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Santa Ana Public Library Grantee/Contractor Organization Signature Jeannie Jurado Name of Certifying Official Signature Seeds to Trees Academy Program Title 0:/:11:31111111111110, Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Date Jeannie Jurado City of Santa Ana/SAPL EXHIBIT E DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: City of Santa Ana/ Santa Ana Public Library Name of Contractor: City of Santa Ana/ Santa Ana Public, Library Contractor Number: A-2018- Date: July 1, 2018 - June 30, 2019 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): 26 Civic Center Plaza, Santa Ana, CA 92702 Address EXHIBIT E Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Santa Ana Public Library — Seeds to Trees Academy Grantee/Contractor Organization Jeannie Jurado, Acting Executive Director Date INSTRUCTION FOR CERTIFICATION 1. 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 whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principle", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. S. The prospective recipient of Federal assistance funds 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 agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. 7. 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 to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. 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 voluntary 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 F BUDGET FORM 7n1 mica Organization Name: Administrative Total Santa Ana Public Library: Seeds to Trees Cost (Not to Program Total Match/In Digital Media Technology Academy WIOA Cost Kind Exceed 10%) Cost Personnel Salaries r 1 :Lead Case Managers (100% FTE) $36,119 2 Program Director $9,000 3 Assistant Program Director $17,886 4 Library Operations Manager $15,276 5 Support Staff/Tutor/Mentors — (55% FTE) $7,705.05 $72,957 Persornel Benefits ti4 1 :Lead Case Manager (100% FTE) $2,889.52 2 Program Director $2,167.5 3 Assistant Program Director $5,560 4 Library Operations Manager $4,736 5 Support Staff/Tutor/Mentors— (55% FTE) $616.40 $ 17,634.19 Total Personnel Salaries & Benefits $0.00 $172,445 $47,329.97 $145,217 Operating Expenses , fm r s y s Rent Legal Services Auditing Services Indirect Cost $2655.74 $2655.74 Staff Training Staff Conferences Participant Wages $68,659.97 Supportive Services $2,500 Participant Training $6,952 Youth Conferences $1,800 Follow -Up Services for 2019 $ 21,000 Total Operating Expenses $2655.74 $104,857.71 $73,115.71 $31,742 GRAND TOTAL (personnel+operating) $2655.74 $297,404 $120,445 $176,959 EXHIBIT G BUDGET NARRATIVE Organization: Santa Ana Public Library Instructions: This Budget Narrative provides a detailed description of each line item reflected on the Budget Form (Attachment B). Only need to submit 1 Budget Narrative for Program Year 2015-2016. However, you will need to fill out two Budget Forms, one for 2015-2016 and one for 2016-2017. Please include the cost allocation of each line item within this budget narrative. Please align the budget narrative with the budget form. Each section of this budget narrative describes the cost allocation, formula, and/or bases for the costs of the program. The Budget Narrative and Budget Form may be amended and/or modified during the program year to adjust line items, but not to exceed the total grant amount, with the approval of the contractor's Executive Director and City of Santa Ana's approval. Please elaborate on the appropriate line item budget narrative how the program will fulfill at least 20% of funds will be used for work experience. 1. Personnel Salaries a. List each individual position dedicated to this project. List the staff title, percentage of full time equivalent (FTE) or the amount of time to be charged to this project and indicate cost for each staff b. Briefly describe their role and how the grant will benefit from their role L) Lead Case Managers—TBD (3 Library Assistants): 100% FTE for 12 months: $ 36,119 WIOA Funds (75% OSY =$ 27,089.25 WIOA Funds) Responsible for management of all student interns, maintaining WIA compliance, mentoring of several youth, follow up services to previous year WIA youth and management of all employment and library based training components. The Case Manager will dedicate 100% of their time to WIOA for 12 months to recruit and enroll youth, provide WIOA youth with case management, work readiness preparation, educational resources, coordinate work experience sites, and assist youth in obtaining employment, training, and State recognized certificates. Supervise interns working on e-library web portal for Youth College and Career preparation. ii.) Program Director — Cheryl A. Eberly (Youth Service Supervisor): 10% FTE for 12 Months: $9,000 In -Kind. Responsible for general oversight and direction of program. Youth Services Supervisor — Cheryl A. Eberly. 10% (200 hrs) of $91,000 (annual salary) _ $9,000 In -kind (In -Kind) iii.) Assistant Program Director — Lyzbeth Beltran ( Library Assistant): 35% FTE for 12 Months: $17,886 In -kind. Responsible for assisting with general oversight and direction of program and for training case workers. 35% (700 hours) of$51,104 (annual salary)=$17,886 (In -Kind) EXHIBIT G iv. ) Technology/CTV3 Coordinator— Lynn Nguyen (Principal Librarian) : 25% FTE for 12 Months: $20,535.00 In -kind. Responsible for oversight and management of technology aspects of the grant, website and CTV3 television programming. v.) Library Operations Manager — Heather Folmar (Library Operations Manager):15% FTE for 12 Months: $15,276.00 In -Kind. Responsible for supervising library operations in relation to this grant. v.) Support Staff/ Tutor/Mentors 1.) Clerical Support Staff — Clerk (TBD): 45% FTE for 12 Months: $7,705.05 WIOA (75% OSY = $5778 WIOA Funds) Assist in document management, recruitment, eligibility determination, payroll of staff, assist with overall operations, and inquiries and information technology courses. 4.) Out -of -School Youth Tutors/Mentors: 85% FTE for 12 Months: $24,429.00 In -Kind. One-on-one mentoring and tutoring of out -of -school youth, and coordination and instruction of several workshop/ MOOC components. 5.) In -School Youth Tutor/Mentors: 40% FTE for 12 Months: $9,688 In -Kind One-on-one mentoring and tutoring of in -school youth, and coordination and instruction of several workshop/ MOOC components. 6.) MOOC's coordinator —Saidy Valdez (Librarian): 35% FTE for 12 Months: $19,950 In -Kind. Responsible for management of all MOOC based training elements of program, will mentor several out -of -school youth. 7.) Garfield Site Coordinator — David Lopez (Librarian): 30% FTE for 12 Months: $17,100 In -Kind. Responsible for management college credit course based training components located at Garfield and video production workshops. 8.) Graphic Design/ Website Design Course Coordinator — (Librarian): 15% FTE for 12 Months: $8,550 in -Kind: Responsible for development of intro to graphic design/ website design training components. 2. Personnel Benefits a. List each individual position dedicated to this project and describe the type of benefits and the cost of each benefit for that staff. i.)Lead Case Managers—TBD (3 Library Assistants): 0,08% benefits of $ 36,119 WIOA salary: $ $2,889.52 WIOA Funds for Benefits (75% OSY = $2167.5 WIOA Funds) Deferred Comp (-3.75%), Medicare (-1.45%), Worker's Comp (2.96%) ii.) Program Director — Cheryl A. Eberly (Youth Service Supervisor): 31.09% benefits of $9,000 salary: $2,799 In -Kind for Benefits PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (- 0.90%), Worker's Comp (2.96%) EXHIBIT G ii.) Assistant Program Director— Lyzbeth Beltran (Assistant Librarian): 31.09% benefits of $17,886 salary: $ 5,560 in -Kind for Benefits PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (- 0.90%), Worker's Comp (2.96%) Ill.) Technology/CTV3 Coordinator— Lynn Nguyen (Principal Librarian) : 31.09% benefits of $20,535.00: $6,366 In -kind for Benefits. PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (- 0.90%), Worker's Comp (2.96%) iv.) Library Operations Manager— Heather Folmar (Library Operations Manager): 31.09% benefits of $15,276.00: $4,736 In -Kind for Benefits. PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (- 0.90%), Worker's Comp (2.96%) v.) Support Staff/ Tutor/Mentors 1.) Clerical Support Staff — Clerk (TBD): 8.16% benefits of $7,705.05 WIOA: $617 WIOA for Benefits (75% OSY = $462.75 WIOA Funds) Deferred Comp (-3.75%), Medicare (-1.45%), Worker's Comp (2.96%) 4.) Out -of -School Youth Tutors/Mentors: 8.16% benefits of $24,429.00 In -Kind : $1,994 In - Kind for Benefits Deferred Comp (-3.75%), Medicare (-1.45%), Worker's Comp (2.96%) 5.) In -School Youth Tutor/Mentors: 8.16% benefits of $9,688 In -Kind (CDBG) : $791 In -Kind for Benefits Deferred Comp (-3.75%), Medicare (-1.45%), Worker's Comp (2.96%) 6.1 MOOC's coordinator—TBD (Librarian): 31.09% benefits of 619,950 In -Kind: $6,185 in Kind for Benefits PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (-0.90%), Worker's Comp (2.96%) 7.) Garfield Site Coordinator— David Lopez (Librarian): 31.09% benefits of $17,100 In -Kind: $5,301 In Kind for Benefits PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (-0.90%), Worker's Comp (2.96%) 8.) Graphic Design/ Website Design Course Coordinator— (Librarian): 31.09% of $8,550 In - Kind: $2,651 for Benefits. PERS/Social Security (-12.07%), Medicare (-1.45%), Health Insurance (-13.71%), Retiree Health (-0.90%), Worker's Comp (2.96%) 3. Indirect Cost EXHIBIT G a. Indicate the rate for the indirect cost and what The rate of 6.06% was used to calculate Indirect Cost using salary of part-time WIOA funded staff w/out benefits base of $43,824.05 ( WIOA funded personnel) _ $2,655.74 WIOA Funds (75% OSY = $1991.80 WIOA Funds) 4. Participant Work Experience Waees a. Briefly describe or refer to Work Experience policy, number of youth, and cost. A. PARTICIPANT WAGES: All youth will participate in a 44 week long combination paid Work Experience training and internship/externship program. $63,480 WIOA Funds / ($ 59,616 OSY ) 1. Track 1: Out —of-School Youth: Microsoft Office Applications certifications and Intermediate Digital Media Apprenticeships (12 participants X 450 hrs X $11.04 hr = $ 59,616): Digital Media Arts 100 Course (3 Units): 56 hours, Video Production : 40 hours, One-on-one Educational Counseling: 3 hours, MOOC's based certification trainings: 28 hours, Workshops, Field Trips, Trainings: 93 hours , Civic Engagement/Volunteer projects: 30 hours ,Work -Experience Internship/ Externships: 200 hours. 2. Track 2: In -School Youth: Microsoft Office Applications certifications and Beginning Digital Media Apprenticeships (3 participants X 200 X $11.04 hr = $ 6,624 ($ 3864 WIOA/$ 2760 in -kind): Digital Media Arts 100 Course (3 Units): 56 hours, Video Production : 16 hours, MOOC's based certification trainings: 28 hours, Workshops, Field Trips, Trainings: 30 hours, Civic Engagement/Volunteer projects: 20 hours, Work Experience Internship/ Externships: 50 hours Participant Benefits: Benefits for the Paid Work Experience Training and Internship/ Externship Program are based on a percentage of the participant's wages as follows: Deferred Comp (-3.75%), Medicare (A.45%), Worker's Comp (2.96%) = 8.16% x $67,100 = $5,179.97 for benefits (OSY $4,459.28) B. Santa Ana College Course Technical Training Partnership: Charge is the contract amount to be charged by Santa Ana College to provide the Counselling, Intermediate Digital Media Courses and Business Courses and Counselling services Year 1 (2016-2017) Santa Ana College Seeds To Frees College Training program = $6,951.17 In -Kind Funds Instructor Costs Costs STDY SKILLS 091: 1 unit (LHE) x 18 hrs/semester @ $65,73/hour = $1,183.14 $1,242.36 EXHIBIT G CNSL 100: 2 units (LHE) x 18 hrs/semester @$65.73/hour = $2,366.28 $2,484.72 Total Salary = $3,549,42 $3,727.08 Benefits, estimated at $13.78% = $490.00 $746.93 Counseling hours = $561hr x 3hrs per youth x 15 youth $2,477.16 TOTAL YEAR 1 (2015-2016) * $6,951A7 * Budget line items may be adjusted to meet specific program needs but overall total will not be exceeded. S. Supportive Services = $2,500 In- Kind a. Briefly describe or refer to Supportive Service policy, number of youth that will receive supportive service, maximum dollar amount per youth, and most common types of supportive service. Books for the college courses will be purchased for youth = $2,500 In -Kind Costs 6. Youth Conference = $1,800 a. Identify the type of conference, cost, and number of youth that will attend the conference. CWA Conference cost for 4 youth interns (4x $250 )= $1000 and CWA Conference cost for 2 adult mentors (2 x $400) = $800 7. At the end of the narrative please explain the pertinent documents/forms that will be used to track work experience compensation or participant incentives (i.e.: timecards, sign -in sheets, record logs etc.). Please refer to Attachment J; for all pertinent documents/forms that will be used to track work experience and training. 201.8-2019 W10A Funds Allocation for Out -Of -School Youth = $ 96,596.58 (80.4%) (Out -of -School. WEX allocation. = $59,107.28) Note: Audit Requirements States, local governments and non-profit institutions who spend $500,000 or more in federal funds in a fiscal year shall meet the audit requirements of the OMB Circular A-133, "Audits of States, and Local Governments and Non -Profit Institutions." EXHIBIT G Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. ® I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. ® We will provide records to show that we are fiscally solvent, if needed. ® We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. ® We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: ® Records accurately reflect actual performance. Q Maintain record confidentiality, as required. 0 Reporting financial, participant, and performance data, as required. ® Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non-discrimination provisions. © Meeting requirements of Section 504 of the Rehabilitation Act of 1973. ® Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) ® Meeting all applicable labor law, including Child Labor Law standards. © Agree to provide a drug free workplace. ® Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability Coverage in the amount of $1,000,000.00 policy. ® Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) © Procurement policies and procedures are in place and meet federal guidelines. We will not: © Place a youth in a position that will displace a current employee. 0 Use WIA money to assist, promote, or deter union organizing. ® Use funds to employ or train of persons in sectarian activities. ® Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. © Use WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. ® Use WIA money under this contract to purchase any equipment. I hereby assure that all of the above are true. �— Acting Executive Director Jeannie Jurado Title Date EXHIBIT II City of Santa Ana Public Library Self -Insured EXHIBIT I