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Home My WebLink AboutBROWNSON TECHNICAL SCHOOL.WRANCE ON FILE WORK MAY PROCEED A-2020-194-16 o UNTIL INSURANCE MIRES N g•a3•a1c11 �, CLERK OF COUNCIL DATE: AGREEMENT FOR WORKFORCE TRAINING D � C D A (1�$arldy TT THIS SUBAWARD AGREEMENT, made and entered into this 1st day of May, 2021, 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 Brownson Technical School, for -profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 01067640100000 ("CONTRACTOR"). 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 ("WIOA" or "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. Under WIOA, participants in need of training services may access career training through a list of state -approved schools and their training programs. D. In addition to WIOA, the CITY received funding from the Orange County Social Services Vocational Training grant funded through the California Work Opportunity and Responsibility to Kids Act of 1997, which provides monies for the basic needs of families with children ("CalWORKs" or "SSA"). An important component of CaIWORKs allows for the provision of employment services for parents. Heads of households are provided job training services to help families upgrade job skills with the ultimate goal of self-sufficiency. E. The City intends to utilize the WIOA and SSA Grant Funds to operate a Workforce Training Program in which vocational training courses will be made available to Qualified Participants. Pursuant to the Workforce Training Program, the City desires to contract with public and private organizations, including employers, who are qualified to participate in the City's Workforce Training Program by providing services to Qualified Participants (each, a "Qualified Contractor"). F. CONTRACTOR is a Qualified Contractor that has been selected as one of several vendors that qualified to provide workforce training under the Workforce Training Program. G. CONTRACTOR represents that it is knowledgeable in its field, and is willing to provide workforce training services under the Workforce Training Program pursuant to applicable federal and California laws. Page 1 of 17 H. The CITY and CONTRACTOR (each, a "Party" and jointly, the "Parties") desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for Contractor's participation in the City's WIOA and/or SSA Programs and provision of services to Qualified Participants upon the request of the City. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. In compliance with all of the terms and conditions of this Agreement, CONTRACTOR shall provide the Contractor's Services, as authorized by the City's Representative. Contractor represents and warrants that Contractor's Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the City's Workforce Training Program. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in this Agreement. C. CONTRACTOR acknowledges and agrees that City shall request that Contractor provide the Contractor's Services on an "as requested" basis and that City does not guaranty a minimum number of Qualified Participants for whom Contractor's Services shall be requested and required under this Agreement. Contractor acknowledges and agrees that Contractor shall not commence to provide Contractor's Services to a particular Qualified Participant hereunder unless and until Contractor receives a Notice to Proceed from the City authorizing the provision of Contractor's Services to that particular Qualified Participant. Contractor further acknowledges and agrees that this Agreement and any request for the provision of services hereunder is nonexclusive and that the City may enter into similar agreements with other entities for the provision of similar services. D. Time is of the essence in the performance of this Agreement. CONTRACTOR shall perform and complete all of CONTRACTOR's Services in a timely and expeditious manner. Contractor shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that CONTRACTOR has delivered to the City written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. E. Scope of Services. On an as -needed basis, and at the sole discretion of CITY, CONTRACTOR shall perform the services that are described in Exhibit A. The Scope of Services shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. When the need for services arise, CITY may initiate services through use of a Letter Agreement for a specific Page 2 of 17 workforce training, including a copy of the course description, executed by the Executive Director of the Community Development Agency and the CONTRACTOR, Work by the CONTRACTOR may not proceed absent this fully executed Agreement and separate Letter Agreements for specific Qualified Participants. F. Compliance with Law. CONTRACTOR's Services shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and any Federal, State or local governmental agency of competent jurisdiction. G. CONTRACTOR shall obtain, at Contractor's sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of CONTRACTOR's Services. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this Agreement H. CONTRACTOR shall adhere to all applicable Labor Standards. I. If funding is through WIOA, CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIOA", attached hereto as Exhibit H and incorporated herein as though fully set forth in 20 CFR 658.411. CONTRACTOR shall advise Participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. J. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. K. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act, or the approval of SSA funding, as applicable. w Page 3 of 17 L. CONTRACTOR agrees to the following accounting, monitoring, auditing, and review requirements: 1. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to Participants' attendance and certifications. 2. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, and Participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and Participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept (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. 3. In the event CONTRACTOR does not make the above -referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 4. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. M. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning Participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. Page 4 of 17 O. If funding is through WIOA, CONTRACTOR shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. If funding is through WIOA, CONTRACTOR 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. CONTRACTOR shall sign a Certification Regarding Lobbying to that effect in a form as set forth in Exhibit D, attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in Exhibit E attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the Actor SSA, as applicable, 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. If funding is through WIOA, CONTRACTOR agrees to remain in compliance with the Certification Regarding Debarment, attached hereto as Exhibit F and incorporated herein by reference, as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. If funding is through WIOA, CONTRACTOR agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed. Reg. 78132 on December Page 5 of 17 19, 2008. V. CONTRACTOR acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships, SSA, and various other local programs is "America's Job Center". To achieve the goals of this Workforce Training Program, 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". CONTRACTOR 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 or SSA funds, When the America's Job Center logo is used, CONTRACTOR may accompany it with the following statement, "The (CONTRACTOR) is a proud partner of the America's Job Center network". CONTRACTOR 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. II. CITY'S OBLIGATIONS A. On July 1, 2020 the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act grant of $1,260,082.00 for fiscal year 2020-2021. In addition, on July 1, 2020, the CITY was awarded an Orange County Social Services Vocational Training grant through the California Work Opportunity and Responsibility to Kids Act of 1997 in the total amount of $1,677,928.00 for fiscal year 2020-2022. A portion of both grants in a total amount not to exceed $2,000,000.00 shall be available to all Qualified Contractors to provide workforce training classes for Qualified Participants. B. If a Qualified Participant chooses to enroll in a course offered by CONTRACTOR, CITY agrees to pay to CONTRACTOR when, if and to the extent WIOA or SSA funds are received under the provisions of the applicable grants, in accordance with the Course Costs attached hereto as Exhibit B and incorporated herein by reference, which may be amended during the period of this Agreement. Said sum shall be paid with either WIOA or SSA funds, as determined by the CITY in its sole discretion, after CITY receives invoices submitted by CONTRACTOR as provided herein. C. CONTRACTOR has the ability to adjust line item amounts in the Course Costs with the approval of the Executive Director. D. CITY agrees to provide for on -site monitoring reviews of the Workforce Training Program operation at least annually. hi 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 funding back from CONTRACTOR, due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. Page 6 of 17 III. COMPENSATION A. CITY neither warrants nor guarantees any minimum or maximum compensation to CONTRACTOR under this Agreement. CONTRACTOR shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Any compensation payable to CONTRACTOR shall be paid from a portion of the above - referenced WIOA and/or SSA grants awarded to the City in a total amount not to exceed $2,000,000.00. B. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed; subject to City accounting procedures. IV. TERM OF AGREEMENT A. This Agreement shall commence on the date stated above and continue through June 30, 2023, with a one-year option to renew executable by the CITY in its sole discretion, unless terminated earlier by either party. The one-year option may be executed, or the Term of this Agreement may be further extended, by a writing executed by the City Manager and the City Attorney. B. Unless the CITY authorizes an extension, CONTRACTOR must liquidate all obligations incurred 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, as applicable. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. CONTRACTOR shall use appropriate funds received from CITY to provide workers' compensation to all those hired by CONTRACTOR under this Agreement. Page 7 of 17 B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators attached hereto as Exhibit C and incorporated herein by reference, 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 terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, 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. 2. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 3. CONTRACTOR shall comply with the requirements that no program under the Act shall involve political activities. 4. RECORD INSPECTION. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WDB 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. 5. No person with responsibilities in the operation of any program under the Workforce Training Program shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 6. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. Page 8 of 17 7. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as Exhibit G and incorporated herein. 8. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Development Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 9. Based on the population eligible to be served, or likely to be directly affected by the 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, CONTRACTOR must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 10. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this Agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 11. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 12. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, Page 9 of 17 (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 13. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance, Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (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 CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. d. Conducting Business Involving Close Personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. e. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non -voting member of a 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 CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the 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, If CONTRACTOR receives WIOA funds, CONTRACTOR is required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-149, Section 7013. Page 10 of 17 VII. HOLD HARMLESS A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its employees or subcontractors. B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of CONTRACTOR, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, 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 Exhibit I, Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 2. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. Page 11 of 17 3. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS CONTRACTOR 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. ASSIGNABILITY None of the duties of, or work to be performed by, CONTRACTOR under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to this Agreement to CITY. If receiving WIOA funds, CONTRACTOR acknowledges and agrees that it must follow procurement regulations for contractors (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. If receiving WIOA funds, 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; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. Page 1.2 of 1.7 If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and WIOA and/or SSA funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved Page 13 of 17 expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. If receiving WIOA funds, procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. Page 14 of 17 MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signatures on following page} Page 16 of 17 A-2020-194-16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above -written. ATTEST: 3. Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency "CITY" By: Kristine Ridge City Manager "CONTRACTOR" • it � �il�i Page 17 of 17 Scope of Service & Course Cost HVAC/R Technology Days: 1040 Hours, Monday through Thursday, 8:00am-2:30pm, 40 semester credit hours, 40 weeks Nights 1040 Hours, Monday, Tuesday, Wednesday, 6:00pm - I0:00pm, 40 semester credit hours, 88 weeks (DOT CODE: 637.261-026/ 827.261-010) Standard Occupational Codes: 49-9021.00 - Heating, Air Conditioning, and Refrigeration Mechanics and installers 49-9021.01- Heating and Air Conditioning Mechanics and Installers Sample of reported job titles: A/C Tech (Air Conditioning Technician); HVAC Installer (Heating, Ventilation, Air Conditioning Installer); HVAC Mechanic (Heating, Ventilation, Air Conditioning Mechanic); HVAC Service Tech (Heating, Ventilation, Air Conditioning Service Technician); HVAC Service Technician (Heating, Ventilation, Air Conditioning Service Technician); HVAC Specialist (Heating, Ventilation, and Air Conditioning Specialist); HVAC Technician (Heating, Ventilation, Air Conditioning Technician); HVAC Technician (Heating, Ventilation, and Air Conditioning Technician); Service Technician; Systems Mechanic 49-9021.02 - Refrigeration Mechanics and Installers Sample of reported job titles: HVAC / R Technician (Heating, Ventilation, Air Conditioning / Refrigeration Technician); HVAC Service Technician (Heating, Ventilation, Air Conditioning Service Technician); HVAC Tech (Heating, Ventilation, Air Conditioning Service Technician); HVAC Technician (Heating, Ventilation, Air Conditioning Technician); HVAC/R Service Technician (Heating, Ventilation, and Air Conditioning/Refrigeration Service Technician); Refrigeration Mechanic; Refrigeration Operator; Refrigeration Technician (Refrigeration Tech); Service Technician (Service Tech); Transportation Refrigeration Technician Students who satisfactorily complete this program will be able to diagnose, service, install and repair heating, ventilation, air conditioning equipment, as well as understand the reasons for buildings to gain or lose heat and to help mitigate the impact on energy usage, training also includes systems utilizing direct digital control (DDC). The overall scope of the training seeks to prepare graduates to understand the reasons why the HVAC/R equipment is needed inside structures and how to get the most performance from it, in an entry level position. This, in many ways is a different approach than has been traditionally done. It sees the building as a system and the HVAC/R equipment as a sub -system of that system. As California moves toward "net -zero" energy usage for new homes and businesses the focus is on bringing existing buildings up to energy efficiency standards. This effects homes, businesses and industrial settings of all kinds, including but not limited to hospitals, offices, food storage, ice making applications, and numerous highly technical applications. Work is year around and may require indoor as well as outdoor work. r Mollule j - r -� Module Trtle .} i-, , ;Classroom-' Lab Clock Tbtal Clock t �. 1' Cloock n rr i ` ,Semester , c tl lours ,Houi iIoursa 201R Basic Thermodynamics, Refrigeration, and 65 65 130 5 Copper Works 202R Electrical 65 65 130 5 203R Customer Service, Major System components 65 65 130 5 and basic HVAC/R com etency review 301C Residential and light Commercial Air 65 65 130 5 Conditioning and Gas Heat 302C Commercial Refrigeration 65 65 130 5 303C Controls, Heat Pumps, Ice Machines and EPA 65 65 130 5 321DDC Direct Digital Controls 65 65 130 5 311BP Yuildiag Performance 65 65 130 5 Total: 520 520 1040 40 1911 Pro ram Cost Tuition.......................................................... $15,600.00 Books/Supplies.................................................. $250.00 LabFee.............................................................. $480,00 EPATest.............................................................. $65.00 Osha Certification..................................................50.00 Uniform Fee ....................................................... $100.00 Student Tuition Recovery Fund ............................. $8.50 Tools (optional) ................................................. S675.00 Total Program Cost ....................................... $17,228.50* * Estimated charges for the period of attendance and the entire program. Additional Fees, if applicable: Diploma Replacement Fee $20.00, Return Check Fee $25.00 Graduates may seek entry level employment iu the fields of, Air Conditioning Mechanic Air Conditioning Technician Maintenance Repair (Building) Maintenance Repair Helper Air Conditioning Installation/Service Sales Representative Textbook/Supplies Modem Refrigeration and Air Conditioning - Text book, lab manual and workbook bundle ........ .$150,00 Fundamentals of HVAC Direct Digital Control ...... ... $60.00 Handouts.....................................................................$40,00 Brownson Technical Schools' curriculum is presented in a lecture and lab format. A significant portion of the course length is dedicated to (rands -on training. Written and practical exams contribute to the evaluation of each student's progress. Students can expect to devote approximately 6 I/2 hours per week for homework. *Module (Course) Descriptions: 201R Basic Thermodynamics, Refrigeration, and Copper Works. Covers the fundamentals of the refrigeration, cycle and operating components, the laws of thermodynamics, copper works (including brazing) & refrigeration tools, materials and usage, compression systems and compressors, refrigerant controls, electro-mechanical fundamentals, troubleshooting, charging by superheat and sub -cooling. 202R Electrical. Covers electrical motors — types and troubleshooting, electric circuits and controls, schematics, proper use of instrumentation. Includes work with actual circuits constructed in class as well as work performed on actual HVAC equipment. 203R Major System Components, Residential AC System Installation, Service Fundamentals, and Customer Service. This module covers repair, installation and troubleshooting of residential HVAC systems. Various types of ductless systems, which include mini -split systems and PTAC's will be discussed. Major emphasis of the shop work will include electrical troubleshooting, refrigeration system troubleshooting and component troubleshooting. Proper charging procedures will be extensively practiced. Students will be trained in customer service. Review of the competencies learned in the previous two modules will be reinforced. 301C Residential & Light Commercial AC and Gas Heating Fundamentals This module covers forced air heating fundamentals and the operation, troubleshooting and repair air conditioning and gas fired heating systems. Absorption and evaporative cooling systems, and hydronic systems will also be included. Air movement and measurement will be extensively covered in relationship to proper HVAC Operation. Class will diagnose and troubleshoot air related problems, based on correctly taking and interpreting measurements. 302C Commercial Refrigeration Systems. This class covers commercial refrigeration components, function, operation, service and installation, heat loads and piping, reach in & walk in refrigeration and freezers. The student will learn about electrical components and symbols used in commercial refrigeration systems. The student will also study various ladder and schematic diagrams and work with hand tools to install or service basic mechanical components in various systems. The students will learn industry standards for temperature and pressure in refrigeration. They perform simple to complex electrical trouble shooting techniques using a digital meter and other electrical testing devices for refrigeration. Refrigeration system diagnostics and troubleshooting will also be covered. -25- 303C Controls, Heat Pumps, and Iee Machines, and EPA. This class covers the function, operation, troubleshooting, and repair of heat pumps, supplemental electric heat, and light commercial air conditioning systems. Advanced brazing and copper works will be performed. This course covers EPA and 410A review and testing to obtain a Universal EPA Certification. Also covered is the design, troubleshooting, and repair of commercial ice making equipment. 321DDC Direct Digital Controls. Covers fundamentals, system design, installation, and troubleshooting, software & computer controls, energy management strategies, programming and commissioning. 311BP Building Performance. Covers the Whole Building concept to understanding the effects of external conditions to the heat distribution system known as the building or structure whose environment we are attempting to control. This course covers various building designs and insulations and their effect on the energy required to keep the structure comfortable inside. Hands-on application of various instruments such as "duct blasters," "blower door testing," "thermal imaging," and other methods that are intended to inform the student of Title 24 (California) and ACCA standards that are essential to achieve energy efficiency. The module also includes work ethics and communication, a 10 hour OSHA safety training card and NATE core preparation and test. *Classes are usually taken in this sequence; however, the school reserves the right to modify the sequence as needed -26- HVAC/R Technology— Blended Learning Nights: 1040 Hours, Residential Lab Hours Monday, Tuesday, Wednesday, 5:40pm-10:00pm, 40 semester credit hours,40 weeks (DOT CODE: 637.261-026/827.261-010) Standard Occupational Codes: 49-9021.00 - Heating, Air Conditioning, and Refrigeration Mechanics and Installers 49-9021.01- Heating and Air Conditioning Mechanics and Installers Sample of reported job titles: A/C Tech (Air Conditioning Technician); HVAC Installer (Heating, Ventilation, Air Conditioning Installer); HVAC Mechanic (Heating, Ventilation, Air Conditioning Mechanic); HVAC Service Tech (Heating, Ventilation, Air Conditioning Service Technician); HVAC Service Technician (Heating, Ventilation, Air Conditioning Service Technician); HVAC Specialist (Heating, Ventilation, and Air Conditioning Specialist); HVAC Technician (Heating, Ventilation, Air Conditioning Technician); HVAC Technician (Heating, Ventilation, and Air Conditioning Technician); Service Technician; Systems Mechanic 49-9021.02 -Refrigeration Mechanics and Installers Sample of reported job titles: HVAC / R Technician (Heating, Ventilation, Air Conditioning / Refrigeration Technician); HVAC Service Technician (Heating, Ventilation, Air Conditioning Service Technician); HVAC Tech (Heating, Ventilation, Air Conditioning Service Technician); HVAC Technician (Heating, Ventilation, Air Conditioning Technician); HVAC/R Service Technician (Heating, Ventilation, and Air Conditioning/Refrigeration Service Technician); Refrigeration Mechanic; Refrigeration Operator; Refrigeration Technician (Refrigeration Tech); Service Technician (Service Tech); Transportation Refrigeration Technician Students who satisfactorily complete this program will be able to diagnose, service, install and repair heating, ventilation, air conditioning equipment, as well as understand the reasons for buildings to gain or lose heat and to help mitigate the impact on energy usage, training also includes systems utilizing direct digital control (DDC). The overall scope of the training seeks to prepare graduates to understand the reasons why the HVAC/R equipment is needed inside structures and how to get the most performance from it, in an entry level position. This, in many ways is a different approach than has been traditionally done. It sees the building as a system and the HVAC/R equipment as a sub -system of that system. As California moves toward "net -zero" energy usage for new homes and businesses the focus is on bringing existing buildings up to energy efficiency standards. This effects homes, businesses and industrial settings of all kinds, including but not limited to hospitals, offices, food storage, ice making applications, and numerous highly technical applications. Work is year around and may require indoor as well as outdoor work. The training methodology for this program consists of an online training program in lieu ofa traditional classroomexperience. Hands- on training at the school is an integral part of the curriculum making this a true "Blend" of online and hands-on training. A 50-50 ratio is felt to be most desirable though there could be some minor fluctuation depending upon how long an individual spends actually doing the online portion. A student needs to have adequate computer skills to benefit from this training as well as access to a computer hooked up to a high speed Internet connection. The school can help an interested candidate for training determine whether or not they possess the requisite skills for this. This program is attractive for those living great distances from the physical location of the school, as well as those that can only spend a limited time at the training facility. This program is not offered "online only". It is only offered as part of the blended online/hands-on program. Module) r k sNYI a-Tlfle 1 s %s Classroom' nb a h+ otal SemegterQ €}� Qade >),s"� %'GFl<,our&CIOCk CIOCk 7�+GY¢fllt'x + 1. ' ' �:i 'd . h"3.:1i x�k. 201RB Basic Thermodynamics, Refrigeration, and Copper Works 65 65 130 5 202RB Electrical 65 65 130 5 2 33RB EPA, Safety, Customer Service, and basic HVAC/R 63 67 130 5 Competency Review 301CB Commercial Refrigeration 65 65 130 5 302CB Residential and light Commercial Air Conditioning and Gas 65 65 130 5 Heat Controls, Heat Pum s, and Ice Machines 65 65 330 5 CB E3B Direct Di ital Controls 65 65 130 5 Building Performance GS 65 130 5 Total: 518 522 1040 40 -27- Pro ram Cast Tuition...........................................................$15,600.00 Books/Supplies................................................... $250.00 LabFee...............................................................$480,00 EPATest..............................................................$65.00 OSHA Certification................................................50.00 Uniform Fee... .................................................... $100.00 Student tuition Recovery Fund...............................$8.50 Tools (optional) .................................................. $675.00 Total Program Cost.......................................$17,228.50* * Estimated charges for the period of attendance and the entire program. Additional Fees, if applicable: Diploma Replacement Graduates may seek entry level entployrnent in the fields of.. Air Conditioning Mechanic Air Conditioning Technician Maintenance Repair (Building) Maintenance Repair Helper Air Conditioning Installation/Service Sales Representative Textbook/Supplies Modern Refrigeration and Air Conditioning - Text book, lab manual and workbook bundle ........ $150.00 Fundamentals of HVAC Direct Digital Control........ $60.00 Handouts................................................................... $40.00 Fee $20.00, Return check fee $25.00 Brovmson Technical Schools' curriculum is presented in a lecture and lab format. A significant portion of the course length is dedicated to hands-on training. Written and practical exams contribute to the evaluation of each student's progress. *Module (Course) Descriptions: 201RB Basic Thermodynamics, Refrigeration, and Copper Works. Covers the fundamentals of the refrigeration, cycle and operating components, the laws of thermodynamics, copper works (including brazing) &refrigeration tools, materials and usage, compression systems and compressors, refrigerant controls, electro-mechanical fundamentals, troubleshooting, charging by superheat and sub -cooling. 202RB Electrical. Covers electrical motors —types and troubleshooting, electric circuits and controls, schematics, proper use of instrumentation. Includes work with actual circuits constructed in class as well as work performed on actual HVAC equipment. 203RB Safety, Customer Service, and basic HVAC/R Competency Review. Covers HVAC safety and leads to an OSHA 10 hour HVAC safety training card, In addition covers Customer Service training, as well as review of the competencies learned in the previous two modules. These competencies are then practiced in the shop/lab area with various home appliances such as home refrigerators and window Air Conditioning. Major emphasis of the shop work is on electrical troubleshooting, the refrigeration system components, and proper charging procedures. Includes Section 608 EPA and 410A review and testing. 301CB Commercial Systems. This course covers commercial refrigeration components, function, operation, service and installation, heat loads and piping, reach in & walk in refrigeration and freezers. 302CB Residential and light Commercial Air Conditioning and Gas Heat Fundamentals. Covers the function, operation, troubleshooting, and repair of residential and light commercial air conditioning gas heating & Air Conditioning systems. 303CB Controls, Heat Pumps, and Ice Machines. Covers heat pumps, electric heat, and air conditioning systems —function & operation, components, heat load calculations, trouble shooting. Includes intro to Air Distribution. Also covers design, troubleshooting, and repair of ice making equipment. 321DDCB Direct Digital Controls. Covers fundamentals, system design, installation, and troubleshooting, software & computer controls, energy management strategies, programming and commissioning. 311BPB Building Performance. Covers the Whole Building concept to understanding the effect of external conditions to the heat distribution system known as the building or structure whose environment we are attempting to control. This course covers various building designs and insulations and their effect on the energy required to keep the structure comfortable inside. Hands-on application of various instruments such as "duct blasters," "blower door testing," "thermal imaging," and other methods that are intended to inform the student of Title 24 (California) and ACCA RM standards that are essential to achieve energy efficiency. Work ethics and communication and Nate core preparation and testing. *Classes are usually taken in this sequence; however, the school reserves the right to modify the sequence as needed CALIFORNIA CONTRACTOR LICENSE Brownson Technical School offers programs/courses in Heating, Ventilating, Air -Conditioning, and Refrigeration that prepare students/graduates for entry-level employment as an employee who is paid wages by a licensed contractor. As an employee a student/graduate is not required to be licensed to work in the State of California. Brownson Technical School does not and cannot promise or guarantee either employment or level of income or wage rate to any student or graduate, One must work for a Contractor or other legal entity long enough to qualify for Licensure. This is typically for a minimum of four years as a Journeyman prior to application. Should a student/graduate wish to become a licensed contractor there are several requirements/items that may be required or considered, if applicable, based on years of experience in the field, having a "qualifying individual" attest to experience, an examination, business ownership, project fees, etc. To obtain the details on a contractor's license please visit the following site: Department of Consumer Affairs Contractors State License Board hqp://www csib ca eov/Applicants/ContractorsLicense/ExanulpplicationBeforeApplyingForLicense asp License Exemption: An employee who is paid wages is exempt from having to obtain a State of California Contractor's license. Are there anyfinanclal requirements to meet in order to qualifyfor a contractor's license? Yes. All applicants for a new contractor's license, other than those applying for ajoint venture license, must have more than $2,500 worth of operating capital. Operating capital is defined as your current assets minus your current liabilities. Will a conviction for a criminal offense prevent a person from being licensed as a contractor or from serving as a qualifying individual? The CSLB's applications and other forms include questions regarding criminal convictions. The CSLB may deny a license ifthe crime is substantially related to the duties, functions and qualifications of a contractor. Failure to disclose the requested information may, in and of itself, be grounds for denial of a license. Even if a crime is found to be substantially related to the duties, functions and qualifications of a contractor, an individual may be licensed if he or she has demonstrated sufficient rehabilitation. See Rule 869 in Chapter 13 of the California Contractors License Law & Reference Book. In 2005, the Legislature mandated that all applicants for licenses and home improvement salesperson registrations would be required to submit fingerprints with each application. All new applicants for Licensure, including each officer, partner, owner and responsible managing employee; and all home improvement salespersons will have to submit fingerprints. Fingerprints are not required for: • Individuals who are currently licensed by the CSLB, as long as they do not apply for any changes to their licenses; and • Applicants for joint venture licenses. -29- EXHIBIT C Employment INFORMATION 1\7 0.,�7 PI I C E ..r I)evelo nn�nlQ. Dcparfrnent Date: June 4 2020 Number: WSIN19-48 Stirs! _of Cvlif°rnia . - _.. _...... _.............. ..__._ Expiration Date: 07/04/2020 STATE NEGOTIATED PERFORMANCE GOALS PY 2020 and 2021 The Workforce Innovation and Opportunity Act (WIOA) Section 116(b) requires the state to reach an agreement with the US Department of Labor (DOL) on state -level performance goals for the Wagner-Peyser, and WIOA Title IB Adult, Dislocated Worker, and Youth programs every two years. In May 2020, the state negotiated the performance goals with the DOL for Program Years (PY) 2020 and 2021 using the Statistical Adjustment Model (SAM) as a baseline. PY 2020 and PY 2021 Negotiated Performance Goals Indicators Adults Dislocated Youth Wagner - Workers Peyser Employment Rate 2nd Quarter After Exit 67 p% 71.9% 71.0% 61.4% (Includes placement in education for Youth Employment Rate 4th Quarter After Exit 66.0% 72.5% 71.0% 62.0% (Includes placement in education for Youth Median Earnings 2nd $6,000 - $8,070 $3,490 $6,689 Quarter After Exit Credential Attainment 60.0% 60.0% 60.0% N/A Measurable Skifl 50.0% 50.0% 56.4% N/A Gains The Employment Development Department will negotiate levels of performance for five of the WIOA primary indicators of performance with Local Areas for PY 2020 and PY 2021. The state will take into account the following factors when negotiating performance goals with the Local Areas: The EDD is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Page 1 of 2 50:187 EXHIBIT C • How the levels involved compare with the negotiated levels of performance established for the state. • Ensure that the negotiated levels account for the economic conditions and the participant characteristics based on the SAM. • The levels involved promote continuous improvement of the indicators of performance. For more information on the Performance Negotiation process, please review the Workforce Services Directive State Level Performance Goals and Local Area Negotiations (WS019-11 PDF), If you have questions related to this information, contact the Program Reporting and Analysis Unit at wsbmanageperformance@edd.ca.gov. /s/JAIME L. GUTIERREZ, Chief Central Office Workforce Services Division Page 2 of 2 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 subrecipient's 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. bn(op5nn 1 echwLV 5chool Grantee/Contractor Organization Program Title W l ffi4 , 6 ro Gf o Name of Certifying Official Signature EXHIBIT D Certification Regarding Drucl-Free Workplace Reauirements 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 employee or otherwise receiving actual notice of such conviction; EXHIBIT E (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 Program Oper or rgnature EXHIBIT E DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: rol'url' r) �CYlli1('G(� "—Cis cod Name of Contractor: Contractor // Number: Date: `/l1 !2. a 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): 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. Grantee/Contractor Organization Christopher Lee Name and Title of Official Authorized to Certify On Behalf of the Grantee Date EXHIBIT F 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. 5. 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 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. Please initial each box indicating you have read and are providing assurance you are or will be in compliance with the following: SAWDB uses the CalJOBS ETPL Module for accepting applications from the providers to be listed on the ETPL. Local boards may authorize a single local board to act on their behalf in making determinations for initial and/or subsequent eligibility of providers. Contractors must enter program(s) of training services into CaIJOBS. The training provider should only enter the programs) desired to be on the CA ETPL. If the program is offered with multiple modes of delivery, or course lengths, the program must be entered separately for each variation. SAWDB has authorized the South Bay WDB to make initial and.subsequent eligibility determinations for applications submitted from providers. Contractors should contact the South Bay WDB 11539 Hawthorne Blvd., 5°i Floor, Hawthorne, CA 90250, 310-970-7700. 4*k(�NTRACTOR is required to be in compliance with South Bay WDB Master agreement and SAWDB agreement. 'n cases where South Bay WDB has denied a provider's application, provider may submit the application to SAWDB for consideration and processing at 801 W. Civic Center Dr. #200, Santa Ana, CA 92701 ATTN: SAWDB Staff. The submission must include completed ETPL training program applications and a copy of the letter from the South Bay WDB denying application. 40�pocal boards may establish local policies requiring performance above the state minimum standards for providers to be included on the ETPL. 4'Acceptance and processing of an application does not constitute an agreement or relationship between the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB. Applications will be process on an ongoing basis. (C?ONTRACTOR must be in compliance with the State and Federal regulations, per Workforce Innovation and Opportunity Act (WIOA) Eligible CONTRACTOR List Policy and Procedure WSD15-07 or it's replacement. CONTRACTORS must also meet one of the following criteria in order to have their programs listed on the ETPL: 1) Bureau of Private Postsecondary Education Approval to Operate, or Verification of Exemption by BPPE. EXHIBIT G 2) Accreditation by the Accrediting Commission for Senior Colleges and Universities, WASC, or the Accrediting Commission for Community and Junior Colleges, CSU, UC, and other WASC accredited institutions. This accreditation can be verified at: www,accic.ore/ or www.wascsenionore/. 3) Postsecondary institutions eligible under Title IV of the Higher Education Act (HEA) and offering programs leading toward an associate degree, baccalaureate degree, or certificate. 4) Approval by the California Department of Education. 5) Approval by the Chancellor's Office of the California Community Colleges (CCCCO). CONTRACTOR must reapply to be considered for subsequent approval on the ETPL and agrees to provide the required performance and cost information data. CONTRACTOR must annually meet the state's minimum performance standards, however the SAWDB may set higher levels. Public Postsecondary Community Colleges, CSUs, and UCs are required to provide performance information for consideration of placement on the CA ETPL, but due to heavy state oversight, investment, and the inability to capture true program outcome data, these institution types are not required to meet a specific performance threshold to be listed on the CA ETPL. (�j}�,,)CONTRACTOR's BPPE accredited shall provide a copy of the provider's BPPE Annual Report (the `�" Performance Fact Sheet) to document their achievement of the performance criteria if applicable. L Training on the ETPL must be for occupations in in -demand industry sectors identified by the state, regional or local workforce development boards. 11 Training on the ETPL must provide training services that lead to an industry -recognized credential, national or state certificate, or degree, including all industry appropriate competencies, licensing and/or certification requirements. CONTRACTOR understands that all performance data and data submitted on the ETPL must be made available for data verification by the SAWDB or the State EDD office. ��NTRACTOR must maintain all the relevant records utilized to support the data submitted on ETPL for audit or monitoring purposes by the SAWDB or the State EDD office. TRACTOR that claim an exemption to BPPE (Section 94874 of the BPPE Act), must apply and receive a "Verification of Exemption" before being listed on the ETPL. Since it has been determined that any expenditure of public funds, state or federal, that directly benefits a student to be student financial assistance, we expect that instances of exemption will be very rare. 40�6NTRACTOR must have all considered training programs listed with the BPPE, the SAWDB may verity the data that was submitted to BPPE. WaIII I new and current CONTRACTOR will be required to be registered in CalJOBSs"� and must have considered training programs listed with the BPPE match on CalJOBS. lfCONTRACTOR are required to enter performance data for each program to be listed on the ETPL and provide evidence to the Local Board that they have met the minimum performance criteria required. Programs that do not include performance data will not be approved for listing on the ETPL. EXHIBIT G CONTRACTOR must have their current course catalogs on file with the SAWDB. CONTRACTOR agrees to immediately notify (within 10 working days) the SAWDB, in writing, of any changes in the information submitted with initial agreement. CONTRACTOR agrees to accept WIOA eligible referrals from the Santa Ana WORK Center on an 1(� individual referral basis. ONTRACTOR shall not accept nor enroll WIOA participants who do not meet the lllIIIJJJJJJ"""""" CONTRACTOR's entrance requirements, which are to be the same general entrance requirements required of public students, and agrees to submit a written notification to the Santa Ana WORK Center's Case Manager stating the reason(s) for non -acceptance. CONTRACTOR agrees to assist the WIOA client in applying for PELL Grants and any other funds that might be available to offset the cost to WIOA and to work together with the WIOA client's Case Manager to ensure all other funding sources are investigated and those funds obtained before submitting the Vendor Voucher to the SAWDB for payment. RACTOR agrees to cross out sections of the student enrollment agreement that would hold the participant financially responsible for any training related expenses. T( 5+%/Onee accepted, CONTRACTOR agrees to enroll the WIOA participant in the course stipulated on the Vendor Voucher and no other. CONTRACTOR agrees to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for third party testing (Microsoft, Novell, A+, etc.) and will provide a copy of the Pass/Fail results at that time. 11pre-Apprenticeship CONTRACTORS must include a letter of commitment from an approved apprenticeship program and meet the application policies and procedures required for the type of program (e.g., community college, private post -secondary, adult education provider, etc.). ONTRACTOR Apprenticeship Programs registered under the National Apprenticeship Act (NAA) UUU or recognized by DIR/DAS are exempt from initial eligibility procedures. Registered apprenticeship programs must be included and maintained on the list of eligible providers of training services as long s the corresponding program remains registered, as described at WIOA see. 122(a)(3). VNTRACTOR agrees to allow SAWDB, Santa Ana WORK Center, the State of California, and the Detartment of Labor, the WIOA client and any of their duly authorized representatives' access to all the records regarding the WIOA client for monitoring purposes. The records include any books, documents, papers, files and computer data directly pertinent to the records of the WIOA participant. The right to records includes the right to make excerpts, transcripts and photocopies. The right also includes the right to have reasonable and timely access to personnel for the purpose of interviews and discussions related to the records of the WIOA participant. f ONTRACTOR agrees to provide progress reports which indicate grades and test scores, as well as attendance reports, to the WIOA client's Case Manager on a monthly basis. EXHIBIT G ,CONTRACTOR agrees to notify the WIOA client's Case Manager immediately (within 5 working (days) if the WIOA client is absent for more than 3 days in a row, has sporadic attendance or drops out of school unless other arrangement are made in writing. CONTRACTOR agrees to provide a copy of the "reimbursement form" and issue a refund check to the "City of Santa Ana" for the number of unused training hours and any non -issued training/testing vouchers, books, tools, etc. due within 30 calendar days after the last day the WIOA client attended school or the day the school was notified that the WIOA client dropped. Said check to be mailed to he attention of the WIOA Case Manager, 801 W Civic Center Dr., #200, Santa Ana, CA 92701. ONTRACTOR agrees to provide the WIOA Case Manager a copy of the WIOA client's certificate of completion or diploma or official transcripts within 10 working days of the date of completion or graduation. CONTRACTOR agrees to provide the WIOA client with the same level of job search/placement assistance as provided to the public students and to provide the WIOA Case Manager with all the pertinent information regarding the placement of the WIOA client within 5 working days of the WIOA client's first day of employment. A WIOA client has 180 days after completing training to get a job Kluam r the CONTRACTOR to get credit for placement in employment. authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of is agency or business to submit this proposal. is not currently on any Federal, State of California, or local Debarment list. ACTOR will provide records to show that we are fiscally solvent, if needed. CONTRACTOR has, or will have, all of the fiscal control and accounting procedures needed to ensure that WIOA funds will be used as required by law and contract. CONTRACTOR has additional funding sources and will not be dependent on WIOA funds alone. CONTRACTOR will meet the applicable Federal, State, and local compliance requirements, These include, but are not limited to: ccurately reflect actual performance if applicable. °ecord confidentiality, as required. financial, participant, and performance data, as required. mply with State and Federal fiscal and program activity audits, plying with Federal and State non-discrimination provisions. eeting requirements of Section 504 of the Rehabilitation Act of 1973. 5 Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) 4 EXHIBIT G 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 4 Coverage in the amount of $1,000,000.00 policy. l.�1 /Agree to provide all participants with Grievance Procedures. A Leto insure proposer's employees through Workers Compensation Insurance (including part-time mployees) rocurement policies and procedures are in place and meet federal guidelines. CON CTOR will not: Use WIOA money to assist, promote, or deter union organizing. e 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 ��u for sectarian instruction or religious worship. F) t}se WIOA money under this contract to purchase any equipment. I hereby assure that all of the above are true. EXHIBIT G COMPLAINT HANDLING UNDER THE Workforce Innovation Opportunity Act Santa Ana Local Workforce Development Area Revised May 20, 2019 EXHIBIT H Table of Contents Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy 2. Civil Rights 4 3. Nondiscrimination laws under Ell 4. How to File Your Complaint 5 B. Criminal Complai 0 II. General Procedures for Handling Non -Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWDA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 17 GLOSSARY OF WIOA TERMS 20 2 -I III-41W. I. 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 VI 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 H 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, disability, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIOA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your 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 H 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. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: EXHIBIT H 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 801 W. Civic Center Drive, Suite 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." II. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 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 receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub EXHIBIT H 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 a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT H 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. 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. 6. 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; d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; EXHIBIT H e. Remedy sought by the complainant; and f. If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana 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. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana 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. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 EXHIBIT H b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana 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) d. 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. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. so EXHIBIT H 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) he/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the 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 H IV. 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. 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. 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 H 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 W4:11-9 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 C. 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 H V 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. 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 H PROCEDURES FOR HANDLING NON -CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWDA decision should have been Issued. Handling of complaints filed at LWDA level arising in connection with WIOA programs operated by LWDAs Informal Resolution Process Filing of Complaint/Request for Hearing I o 0 0 Notice of Hearing issued by LWDA Hearing Conducted LWDA Decision within 60 days Unsatisfactory Decision or LWDA Decision not issued within 60 days o o Request for State Review w 0 o Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL 16 EXHIBIT H 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: 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. 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 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. 27 EXHIBIT H 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. 18 EXHIBIT H PROCEDURES FOR HANDLING COMPLAINTS ON BASES OF DISABILITY No later than 180 days of Filing of complaint on the basis of Disability with LWDA alleged Day 1 discrimination Filed within 30 days of LWDA/State Decision or 90 days from date of Initial filing of complaints I Informal Resolution I If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted I I Day145 Day LWDA Decision Unsatisfactory Decision or No Decision State Review I Governor's Decision I I Appeal to Assistant Secretary Department of Labor I 60 Days 19 EXHIBIT H GLOSSARY OF W IOA 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. U rIMMoINh rAKI r (Ur), UUNIrLAINAN 1, GKIEVAINf 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 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. zo EXHIBIT H 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 and (2) Who is receiving subsidized employment, training services) funded under the Act, following intake, except for an and/or intake and assessment services. eligible for participation upon intake; or services (except post -termination individual who receives only outreach 21 4A01 M119 Francine R. ',""I uaam ey FantlneaNlla Villareal -ioW ue.n10-s9:19 BROWN -A OP ID: JE "el�� CERTIFICATE OF LIABILITY INSURANCE D0 81181202YYJ 06/18/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Crosby Insurance 8181 E. Kaiser Blvd Anaheim Hills, CA 9280E Marlon E. Avalos CONTACT NAME: Marlon E. Avalos PHONE 714-221-5200 ac Na: 714-221-5210 E-MAIL ADDRESS' INSURE S AFFORDING COVERAGE NAIL0 INSURERA:Ohio Security 24082 INSURED Brownson Technical School 1110 S. Technology Circle #lD Anaheim, CA 92805 INSURER e:United Financial Casualty CO. 11770 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVLRIOM NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELCW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT0. TYPE OFINSURANCE AGOL SUER POLICYNUM13ER POLICY EFF MM/DDIY POUCYEXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx� OCCUR X SKS68166620 08/23/2020 08/23/2021 EACH OCCURRENCE $ 2,000,00 PREMISES aoccurmnce $ 500,00 MED EXP (Any one Person) $ 15,000 PERSONAL a ADV INJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPUES PER: POLICY JECT LOC GENERAL AGGREGATE $ 4,000,00 PRODUCTS - COMP/OP ADD $ 4,000,00 I g O`rHER I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E... iden $ 11000100 BODILY INJURY (Per person) $ B ANY AUTO 040760692 08/23/2020 08/23/2021 ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per acciden0 $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peraccident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE g EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ I A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICEWMEMBER allUDED? NIA WS58166520 08/23/2020 08/23/2021 PE Trr- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 (Mandrory In NH) R yes, describe under DESCRIPTION OF OPERATIONS below ELDISEASE-POLICYLIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCAATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, maybe attached if more space Is required) 30 s non SEE aATTACHED ADDITIONAL IN paCy nt ED CITYSA2 City of Santa Ana Risk Mgt Division 4th Floor 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2014 ACORD CORI ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 9' _a N 1 — ik Rick Management 7Thdafnrl RL'MEwED L, APPROV® SY. C + Ruk h9anagement Anatysl NOTEPAD: HOLDER CODE CITYSA2 BROWN -A PAGE INSURED'SNAME Brownson Technical School OP ID: JE Date 08/18/2020 City of Santa Ana, its officers,employees, agents and volunteers and esentatives are named as additional insured with respect to claims ing out of the operations and uses performed by or on behalf of the d insured. Such insurance is primary and is not additioinal to or ributing with any other insurance carrier by or for the benefit of the •s. P,inkMasugerlwttUtrivlorl REVIEWED & APPROVE) BY: 8 C Iµ� P.. ��.lcl4ct �'. Risk Management Analyst BKS58166520 BROWNSON TECHNICAL SCHOOL 9 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permiss ±' 'o g IYY ➢4' Risk MviagemmtDirisian RENEWED S APPR�OBY: Ili. r'^.F.roY.`K � VJ.(hl�f.0 Rhk Managejcent Analyst - With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Properly Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, s Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and s (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) s If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described i kRartann In - I Iml1c ,.t Insurance. I _., 40�REwso 6 A2. Vc[&4m,1 PPROVED BY: 2013 Liherty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissi �� Ruk Alanagement Analyst b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. m 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permiss Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of written agreement; or xislt 1,unsg�ttntvts� t 9 REM & APPR.('N'Q) BY/: 1'1.CW.i.f.[ P, Vct6H..t1 ®' Ru Management Matyn b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, a hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or a (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by s the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. s With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. e The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permiss RiekM & APPRcwoslo: CENEWa]&APPROVa]B'/; �.. •� 1 MN�Grw! h. V�CI�tAIFL Ruk Management Analyst 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form " or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissi RleleMnnngerrientDaiswt REVIEWED 6 APPRO 8Y it e�Y' f 4AK-. [ Z V Risk Management Analyst © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permiss b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the = additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. a 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit' under this insurance to us; `s b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until „ we receive written notice of a "suit' by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in awritten contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co "employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other 'Volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supery inn of nthpr Kpmnlnv- ees" of yours. However, none of these "employees" are insureds for "bodily i41 w"krl,�emn��n RsvIevim 6 Mppovm Br: ®1 - 2¢k Management Anatysf advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained damage" that occurred before you injury" arising out of an offense by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. FaiIII1111111 Z01r] WA t:ltlt1131:1 4 914 A I U#] Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permiss' .,. Riek MvwgemmtDMs1an a R�Mewm&Apmovm BY: F Arm R. VWAVAt �' Rnk Management Analyst P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and a "a 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. s O 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permiss .,, RiekM¢nagementDlvisfan 9 REviEWEO&APPROVED9Y: vwt�-u fit'%� r A.LhGit�[ h. V - Ruk Management Malysl Francine R. Villareal Digitally signed by Francine R.Wlareal Date: 2021.08.3015: 16:06 07'00' BROWN -A OP ID: JE AcoRQ° CERTIFICATE OF LIABILITY INSURANCE �►--�' ATE(MMIDDIYYYY) r08/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Crosby Insurance 8181 E. Kaiser Blvd CONTANAME: CT Jerianne Ekins PHONE FAX vC No Ext : 714-221-5200 ,vC No): 714-221-5210 E-MAIL ekins crosb Insurance.com ADDRESS: Y Anaheim Hills, CA 92808 Marlon E. Avalos INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Ohio Security 24082 INSURED Brownson Technical School INSURER B: United Financial Casualty Co. 11770 1110 S. Technology Circle #D Anaheim, CA92805 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE1:1 OCCUR X BKS68166620 08/23/2021 08/23/2022 DAMAGE TO RENTED PREMISES Ea occurrence $ 500 000 MED EXP (Anyone person) $ 15,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY JJECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COEaMBINED ccidentSINGLE LIMIT a $ 1,000,000 000e 000 BODILY INJURY (Per person) $ B ANY AUTO 040760692 08/23/2021 08/23/2022 ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N XWS68166620 08/23/2021 08/23/2022 PER X STATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 day cancellation, 10 days non payment SEE ATTACHED ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION CITYSA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN of ACCORDANCE WITH THE POLICY PROVISIONS. Risk Mgt Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 � Risk MmRgement Division REVIEWED & APPRIY/m BY.- © 1988-2014 ACORD COR r �11 IfL' �s•a. V� ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD `' Risk Management Analyst NOTEPAD. HOLDER CODE CITYSA2 BROWN -A PAGE 2 INSURED-S NAME Brownson Technical School OP ID: JE Date 08/16/2021 City of Santa Ana, its officers, employees, agents and volunteers and resentatives are named as additional insured with respect to claims sing out of the operations and uses performed by or on behalf of the ed insured. Such insurance is primary and is not additional to or tributing with any other insurance carrier by or for the benefit of the itional insured. CY EXCLUSIONS: oyment Related Practices, Corporal Punishment, Terrorism, Fungi it eria, Punitive or Exemplary Damages �oRaN RiskMmaganentDMsian REVIEWED & APPROVED BY. - Risk Management Analyst BKS58166520 BROWNSON TECHNICAL SCHOOL COMMERCIAL - • This endorsement •• provided i• i • • Co COVERAGE P&RT SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permiss �oRaN RiskMwagemerdDMsiun REVIEWED & APPROVED BY. - Risk Management Analyst With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section | 'Cmwerage A'Bodily Injury And Property Damage Liability, exclusion 0. Aircraft' Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with aLnained paid crew; 3. The pilot in command holds ooumandy effective oodifimsLe, issued by the duly constituted authority of the United States of America or Canada, designating her or him aoommeroia| or airline pilot; and 4. It is not being used to carry persons or property for acharge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible innunanuo, whether primary. ox000n (other than insurance written to apply specifically in ox000n of this po|ioy), contingent or on any other baoia, that would also apply to the |oon covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2.Exclusions ofSection |' Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion 0. Aircraft' Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) /\watercraft you do not own that is: (a) Less than 52feet long; and � (b) Not being used to carry persons or property for aoharge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Eoc|meimma of Section U -Cmvmnage A' Bodily Um]mry And Property Damage Liabil- ity, Subparagraphs (3). (4)and (G) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of o|ovahnnn. For the purpose of this provioion, o|ovahnnn do not include vehicle lifts. Vehicle |i#a are lifts or hoists used in automobile nomioo or repair operations. 2. The following is added to Section |l/ -Cmmmmnercia| General Liability Conditions, Condition 4. Other Vmsmremce' Paragraph b.Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) � a If Damage To Premises Rented To You is not cdhonmieo excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions ofSection A - Coverage A'Bodily Injury and Property Damage Liability: m. The fourth from the last paragraph of exclusion ]. Damage To Property in replaced by thofo||mm' � Paragraphs (1), O0 and (4) of this exclusion do not apply to "property damage" (other than damage by fire, |ighhning, oxplonion, nmoko, or leakage from an automatic fire protection system) to: (i) Premises rented to you for aperiod of7orfewer oonnooudvo days; or (ii) Contents that you rent or lease as pad of apnamieee rental or lease agreement for aperiud of more than 7doya. '*Iaragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of p�remises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described @ 2O13Liberty Mutual Insurance CG88 1004 13 Includes copyrighted material ofInsurance Services Office, |nu.with ivapormim Risk MwagmerdoMsiun nswsWsoaAPPROVED mr Riskmnnno,m,n,xnolys, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to: a. Any one premise: (1) VVhi|o rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, |ightning, oxplookm, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent mlease as part ofapremises rental mlease agreement. 3. As regards coverage provided by this provision D.EXTENOEO DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 'Paragraph 9.m. of Definitions in replaced with the following: �a.Acontract for elease ofpremises. However, that portion of the contract for alease ofpremises that indemnifies any person or organization for damage by fine, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while nanbad to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental orlease agreement, is not on "insured contract". If Coverage CK8edima| Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section U ' Coverage C- Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within 0hn*o years of the date of the accident; and F. EXTENSION OFSUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments ' Coverages Aand B,Paragnsph I.b. is replaced bythe following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have mi All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or ^ouit", including actual |onn of earnings up to $500 aday because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT AGREEMENT 0RPERMIT 1. Paragraph 2. under Section UU -Who Is An Insured is amended to include an an insured any person or organization whom you have agreed to add an an additional insured in a written contract, written agreement or permit. Such person or organization in an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury^ caused in whole or in part by: "o Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performanc, of your on going operations for the additional insured that are the subject of the written contr, 't written agreement provided that the "bodily injury" or "property damage" occurs, or the "pe sonal and advertising injury" is committed, subsequent to the signing of qiir.'& %,uritfinz sr written agreement; or @ 2O13Liberty Mutual Insurance CG88 1004 13 Includes copyrighted material ofInsurance Services Office, |nu.with ivapormiooi Risk MwagmerdDMsiun REviEWED & APPROVED BY. - Risk Management Analyst b` Premises or facilities rented by you or used by you; or c. The mainLenanca, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued apennit subject 0athe following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; ----- (2) This insurance does not apply to "bodily injury" or "property damage" included within the ~~~~� .. oomp|ebad operations hazard" (3) Insurance applies to premises you mwn, ront, or control but only with respect to the following hazards: (a) The existence, maintenance, nepair, construction, onauUon or removal of advertising . . . . nignn, awningn, oanopion, ma||ar ontrancon, coal hn|oo, dhvowaye, manholes, marquees, - hoist away oponingn, sidewalk vau|to, street bannom, or decorations and similar expo- sures; or ----- (b) The construction, erection, or ufa|ev�hnrn� or . ' (c) The mwnomhip, maintenance, or use ofany elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies tothe extent permitted by law; and 2. If coverage provided to the additional insured is required by anon1nocL or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by � the contract or agreement to provide for such additional insured. With respect to Paragraph 1.m. abovo, a pomon'o or organizaUon'o nbotun an an additional insured under this endorsement ends when: (1) All work, including matoria|n, parts or equipment furnished in connection with such wmrk, on the project (other than nomioo, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for aprinoipa| amapart of the same project. With respect to Paragraph I.b. above, a pereon'a or organization'a status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph I.u. above, this insurance does not apply to any "occurrence" which takes place after the equipment nan1o| or |maoo agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we rouokm vvhU*n notice of a^euit" by the additional insured an required in Paragraph b` of Condition 2. Duties In the Event Of Occurrence, Ofhomam Claim Or Suit under Section IV -Cmmmmnevcia| General Liability Condi- tions. @ 2O13Liberty Mutual Insurance CG88 1004 13 Includes copyrighted material ofInsurance Services Office, |nu.with ivapormioo Risk MwaganerdDMsiun REviEWED & APPROVED BY. - Risk Management Analyst respect2. With • the insurance provided by • !following added ! Paragraph Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: • iii or "property damage" that occurs prior to you commencing operations at location where such iii or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. • .•• • • i•� •x x•- • • (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permiss �oRaN RiskMwagemerdDMsian REVIEWED & APPROVED BY. - Risk Management Analyst b. The following is added to Paragraph b. Excess Insurance: When ovvhdan contract or written agreement, other than a premises |eoae, facilities rental contract or ogreement, an equipment rental or lease contract or agreement, or permit issued by eatote or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated oaaNamed Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, exceas, contingent or on any other basis for which the ----- additional insured has been added as an additional insured on other policies. i ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in ac|aim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available 0athe additional insured; and c. Agree to make available any other insurance which the additional insured has for o |omo we cover under this Coverage Part. d. We have no dub/ to defend or indemnify on additional insured under this endorsement until � we receive written notice ofa^nuit" bythe additional insured. 2. The limits of insurance applicable to the additional insured are those specified in avvritton contract or written agreement or the limits of insurance an stated in the Declarations of this policy and defined in Section UUU - Limits of Insurance of this po|ioy, whichever are |onn. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED '|NCUDENTAL MEDICAL ERRORS/K8ALPRACTUCE WHO IS AN INSURED ' FELLOW EMPLOYEE EXTENSION ' MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 18 -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are opartnership or joint venture), to your members (if you are a limited liability company), to o co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer a workers" while performing duties related to the conduct of your business; (b) To the npouno, uhi|d, paront, brother or sister of that co -"employee" or "volunteer worker' an a consequence of Paragraph (1)(a)above; � (c) For which there in any obligation to share damages with or repay someone o|oo who must pay damages because of the injury described in Paragraphs (1) (m)or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care nemiuoo. Howovor, if you are not in the business of providing professional health care nomioon or providing profes- sional health care personnel to othom, or if coverage for providing professional health care ser- vices is not otherwise excluded by mepano10 endorsement, this provision (Paragraph (d))doem not apply. @ 2O13Liberty Mutual Insurance CG88 1004 13 Includes copyrighted material ofInsurance Services Office, |nu.with ivapormims REviEWED & APPROVED BY. - Risk Management Analyst advertising injury" arising out of their vi|Ku| conduct which is defined as the purposeful or vi|Kb| intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. ioexcess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3.ofSection V8-Who 8sAnInsured is replaced bythe following: 3. Anyorganization you newly acquire or form and over which you maintain ownership or majority intereoL, will qualify as o Named Insured if there is no other similar insurance available to that organization. However: m. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage Ad000 not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained bythe first Named Insured. No person or organization is an insured with respect to the conduct ofany current or past podnerehip, joint venture or limited liability company that is not shown oeaNamed Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- Your failure to disclose all hazards or prior ^000urn*noon^ existing anofthe inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OFOCCURRENCE, OFFENSE, CLAIM OR S0[[ Under Section IV ' Commercial General Liability CmmdUUmne, the following is added to Condition 2. Duties |nThe Event mfOccurrence, Offemem. Claim OrSuit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge ofthe insured unless an insured |iohad under Paragraph 1. of Section || 'VVho Is An Insured or a person who has been designated by them to receive reports of ^000urrencem", oMenaes, claims or "suits" shall have received such notice from the ogent, servant or Ifworevise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium ohargo, your policy will automatically provide the coverage anofthe day the revision in effective in your state. O. BODILY INJURY REDEFINED Under Section l/'Definitions, Definition 3.inreplaced bythe following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguimh, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. @ 2O13Liberty Mutual Insurance CG88 1004 13 Includes copyrighted material ofInsurance Services Office, |nu.with ivapormioo Risk MwagmerdDMsiun REviEWED & APPROVED BY. - Risk Management Analyst P. EXTENDED PROPERTY DAMAGE Ezdms|mm a. o/ COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ' WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section |l/ 'Comnmmmrcim| General Liability Cmmditimne, the following is added to Condition �.Trans- fer 0fRights Of Recovery Against Others To Us: We waive any right of recovery we may have against apomon or organization because of payments we 0 make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in aoontraot or agreement that you waive such rights against that person ororgonizadon; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree' menL @ 2O13Liberty Mutual Insurance CG88 1004 13 Includes copyrighted material ofInsurance Services Office, |nu.with ivapormioo Risk MwagmerdDMsiun REviEWED & APPROVED BY. - Risk Management Analyst NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Brownson Technical School Name: Project A-2020-194-16 Number: Project Agreement For Workforce Training - Brownson Technical Name: School The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE 22-23 ALL LINES - City GENERAL LIABILITY BKS58166520 08/23/2023 06/01/2023 of Santa Ana Risk Mgt Division.pdf 22-23 ALL LINES - City WORKERS COMPENSATION AND XWS58166520 08/23/2023 06/01/2023 of Santa Ana EMPLOYERS' LIABILITY Risk Mgt Division.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 6/6/2023 2:04 PM