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N CLERK OF COUNCIL
DATE:
AGREEMENT FOR WORKFORCE TRAINING
A-2020-194-29
S' WA VAnd�'&-Yba)0)T'TTHIS SUB -AWARD AGREEMENT, made and entered into this 17th day of
Au�st, 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
Procareer Academy, for -profit corporation identified by the assigned Corporation Number
4122131 ("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 CalWORYs 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.
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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 Prograin.
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
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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. CONTRACTORSs 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.
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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.
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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 terns 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 naives 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
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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. In addition, monthly desk -top reviews of pertinent
information will be conducted.
E. CITY has the right to de -obligate the funds hereunder, and take such 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.
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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.
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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.
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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,
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(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.
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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.
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3. Youth Protection. If applicable, in order to maintain a safe environment, funded
youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy
and proof of Sexual Abuse & Molestation insurance coverage of at least $2,000,000. Youth
providers will be held responsible for conducting a background clearance (live -scan) for staff that
have direct interaction with youth Participants that are under the age of 18.
4. 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,
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6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply
with such or will notify CITY after enactment or modification that it cannot so comply. CITY
may thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and
contains all the covenants and agreements between the parties with respect to such employment.
Each party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein, and that no other agreement or amendment hereto shall be
effective unless executed in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts
concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds
under this Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and 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
Page 13 of 17
such default is cured before the effective date of termination stated in such notice. If terminated for
cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result
of the termination thereof, including the payment of money, except for payment for approved
expenses incurred for services satisfactorily and timely performed prior to the mailing or service of
the notice of termination, and except for reimbursement of (1) any payments made for services not
subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in
obtaining substitute performance.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any
question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce
its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The
decision of the City shall be final and conclusive unless within thirty (30) calendar days from the
mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal
said decision.
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
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed
as follows:
CITY: City of Santa Ana
Manager, WDB Administrative Office
P.O. Box 1988 (M-76)
Santa Ana, CA 92702
CLERK: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax (714) 647-6956
CONTRACTOR: Procareer Academy
11133 1" Avenue, Whittier, CA 90603
Phone:562-698-8301
Email: INFO@PROCAREER.ORG
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total
understanding of the parties. There are no oral understandings of the parties or terms and
conditions other than as stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
Page 15 of 17
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-2020-194-29
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above -written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
im.
City Attorney
RECOMMENDED FOR APPROVAL:
-f� N-)q�
Steven A. Mendoza
Executive Director
Community Development Agency
"CITY"
By:�
Kristine Ridge
City Manager
"CONTRACTOR"
By.
Name: AK Thakore
Title: President
Tax ID #: 82-4761007
Page 17 of 17
EXHIBIT A
Scope of Service
Nursing Assistant Program
Program Description
This program is designed to provide a student with extensive instruction in allied Health Aide, career
development as well as preparing the student for the Nurse Assistant Certification testing by the
American Red Cross or Regional Testing Center for Certification.
This Allied Health program requires a minimum of 150 hours of training. The required hours of training
includes hours specified by the California Department of Health Services / Licensing and Certification
Section. This program exceeds the minimum requirements to prepare a student for a wider scope of
medical situations which may arise in the health industry.
Course Curriculum
Module 1: Introductions to Health Care
During this module, the student learns of the role and responsibility of the Certified Nurse Assistant. An
overview of Title 22, division 5, California Code of Regulations. The requirements for nurse assistant
certification, professionalism, ethics and confidentiality are reviewed.
Module 2: Patient Rights
In this module, the student learns communications, defense mechanisms, social cultural factors, attitudes
toward illness and health care and family interaction. The student is instructed in the patients' right as
specified in Title 22, California Code of Regulations section 72527 and in sections 1599.1, 1599.2, and
1599.3 of the Health and Safety Code and in Title 42 Code of Federal Regulations Part 483, Sections
483.10, 483.12, 483.13, and 483.15.
Module 3: Communication/Interpersonal Skills
The student will learn communication and defense mechanism skills when working with the Patient and the
health care team. The student will be introduced to socio cultural factors, attitudes of illness and health
care In the community and family interactions.
Module 4: Prevention/Management of Catastrophic & Unusual Occurrence
During this module, the student will learn emergency procedures, general safety rules, fire and disaster
plans, the roles and procedures for Nurse Assistants, and patient safety.
33
Module 5: Body Mechanics
In this module, the student learns of the basic rules of body mechanics, proper transfer techniques,
ambulation, the proper use of body mechanics and positioning techniques.
Module 6: Medical & Surgical Asepsis
The student will learn about Micro-organisms, the procedure of universal precautions used for infection
control including methods to handle patients, and all materials that are soiled with body fluids from patients.
The principles of asepsis and methods prescribed shall be designed to reduce risk of transmission of
potentially infectious etiologic agents from patient to patient and between patients and health care workers.
Module 7: Weights and Measures
The student will use the metric system in measuring accurately the intake and output and fluid balance,
fluid intake, fluid output, forcing and restricting fluids. Measuring resident's height and weight in the bed or
upright scale. The student will learn to understand the Metric system, by weight, length and liquid volume.
The student will also learn military time i.e. a twenty-four (24) hour clock.
Module 8: Patient Care Skills
During this module, the student learns the proper procedure for bathing patients and medicinal baths,
dressing and undressing oral hygiene with their own teeth, dentures or to unconscious residents, hair care
combing and shampooing nail care, shaving. The assistance with prosthetic devices, skin care including
Decubitus ulcers, elimination needs, bowel and bladder retraining, weights and measuring the patient.
Module 9: Patient Care Procedures
During this module, the student learns how to collect specimens, including stool, urine and sputum.
Students learn to care for patients with tubing to include but not limited to gastric, oxygen, urinary, and
intravenous (IV). (This care does not include inserting, suctioning or changing the tubes). Student also
learns meaning of intake and output (1&0), bed making, cleansing enemas, laxative suppositories,
admission, transfer and discharge, bandages and non -sterile dry dressings, application of non -legend
topical ointments to intact skin surfaces.
Module 10: Vital Signs
The student will learn the purpose of Vital factors affecting the vital signs, Normal ranges, methods of
measuring the temperature, pulse and respiration and blood pressure... Learn abnormalities of vital sign
and, recording the proper documentation.
Module 11 Nutrition
The student learns the Principles of Basic Nutrition, Basic Four Food Groups, Religious Dietary Restrictions,
The Four Major Types of Nutrients, The Importance of Water, Nutrient and Calorie Needs, Assessing
Nutrition, Good vs Poor, Regular and Special (Therapeutic) Diets, Therapeutic Diets that Eliminate, Restrict,
or Change the Proportion of Foods or Nutrients, Therapeutic Diet that are Served in 4 Particular Forms,
Supplemental Food and Fluids, Principles of Fluid Balance, Nursing Assistant's Responsibility Relating to
Client's Diet, Planning a Menu and Shopping List, Purchasing Food Wisely, Storing Food Properly, Feeding
techniques for the patient, Food Preparation and diet therapy.
Module 12: Emergency Procedure
During this module, the student will learn signs and symptoms of distress, immediate and temporary
intervention and emergency codes and procedures, general safety rules, fire and disaster plans, the roles
and procedures for Certified Nurse Assistants, and patient safety and emergency including overview of
CPR and first aid for choking resident.
Module 13: Long Term Care
During this module, the student learns the needs of persons with retardation, Alzheimer's, cerebral palsy,
epilepsy, dementia, and mental illness. General anatomy and terminology, physical and behavioral needs
and changes, community resources available, psychological, social, and recreational needs, common
disease/disorders including signs and symptoms.
Module 14: Rehabilitative Nursing
During this module, the student learns the importance of promoting patient potential, devices and equipment
used in patient care, ADLs, Family interactions, complications of inactivity, ambulation and range of motion
exercises, assistive devices to assist the resident to assist with their activities of daily living.
Module 15: Observation and Charting
The student learns observation of patients and reporting responsibilities, patient care plans, patient care
documentation, legal issues of charting, in depth medical terminology for observation and charting.
Introduction to medical terminologies.
Module 16: Death & Dying
During this module, the student learns the stages of grief, the emotional and spiritual needs of the patient
and family, rights of the dying patient, signs of approaching death, monitoring of the patient, and post-
mortem care.
EXHIBIT B
Course Cost
Nursing Assistant Program Traininq Cost
Program Name: Nursing Assistant Program
Program Length: 150 hours. Holidays observed: Federal Holidays
Program Fees
Registration (Non Refundable)
$150
Books (Non Refundable)
$80
Supplies (Non Refundable)
$527
Tuition Fee
$3,840
Procareer Scholarship
-$972
Total Program Cost $3,625
Less Pell Grant $0
Less Financial Aid $0
Total Training Cost $3,625
Note: Above fee includes costs for Books, Uniform, State CNA Exam Fee, CPR Fee, Student
Insurance, Live Scan Fingerprinting fee, Stethoscope, BP Cuff and Gait Belt.
Procareer Academy
Institutional Academic Policies
Admission Policy
Applicants must be 18 years of age and, at a minimum, possess a high school diploma or its
equivalency (GED) or have the ability -to -benefit for the program offered.
Ability to Benefit (ATB) Policy
Students who do not have a high school diploma or GED, but are 18 years of age may be
admitted after passing the Ability -to -Benefit test (ATBT conducted by Wonderlic and approved by
the US Department of Education) administered by an approved proctor that determines the
student's ability to benefit from his/her program of instruction. This test will also determine interest
and most suitable level of training to assess test results, prior education, motivation, placement
potential and general aptitude for the chosen career field.
Admissions Procedure
Admissions Requirements are based upon the student's ability to meet the requirements of
his/her chosen occupational goal. Strong motivations to learn and a desire to pursue a career are
important considerations. The enrollment of applicants who have satisfied the admissions
requirements, will be on a first come, first serve basis. Should there be more applicants than
space available, the remaining applicants will be placed on a waiting list for the first available
class
Prospective students should contact Professional Career Development Center to set up an
appointment with an Admissions Representative to receive information about the Center, its
curriculum, and admission policies. The representative will give a tour of the campus, provide
detailed information of the Center's programs and policies, discuss the applicant's qualifications,
and assist him/her in determining the best way to meet his/her career objectives. The applicant
will complete an application that includes personal, educational, and employment history, and the
area of occupational interest. The faciltiy tour includes an explanation of what is presented in
each classroom and review of course equipment and materials. Following the tour, the admission
test is administered. The test is evaluated and graded; and results are discussed in detail with
each applicant.
Each applicant is advised to determine his/her aptitude for the desired occupation. A
recommendation is then made regarding the general and specific courses needed to achieve the
desired goals. If a determination is made that the applicant is eligible for admission, the
enrollment and application forms are completed.
As part of the admission procedure, applicants must:
o Complete and submit an Application Form
o Provide copies of social security card and valid driver's license
o Submit an original high school diploma or GED
o If a non -high school graduate, take an ability to benefit test (only for CNA and HHA)
o Attend a New Student Orientation.
o Complete, sign, an Enrollment Agreement and Performance Fact Sheet.
o Sign documents acknowledging receipt of disclosure forms.
o Pay a Registration Fee of $100.00.
o Meet the required health status (Physical Exam, Negative Chest X-Ray, Negative TB
Test and other program specific requirements) as validated by a physician before
acceptance into the program.
o The student must be free of communicable diseases to be considered for the Allied
Health programs.
Student Parking
Student parking is available. Professional Career Development Center is not responsible for
parking violations, property theft, and property damage. The school has access to a parking lot
with 60 spaces and 2 handicapped parking spaces at the building.
Advising Services
The staff of Professional Career Development center makes every effort to maintain close
communication with its students. Students have access to faculty and administrative staff for
vocational and academic advising. Students experiencing personal problems, which require
professional counseling and is requested by the student, will be referred to the appropriate
agencies.
Placement Services
Professional Career Development Center does not guarantee employment for its
graduates. The student services staff assists students in their job searches after they have
successfully completed their studies, by offering information on job opportunities and guidance in
resume preparation and interviewing techniques. Career -planning concepts are also integrated
into the curriculum in all programs. Students participate in specific sessions that cover
interviewing techniques, networking, resume writing, and professional dress and conduct.
Professional Career Development Center's Placement Assistance Department provides
assistance as students near their completion date and beyond graduation. Delays in course
completion may result in delaying employment assistance activity. Professional Career
Development Center cannot and does not guarantee employment.
Language of instruction Policy
Professional Career Development Center does not offer an English as a Second Language
course. For programs taught in English, English language proficiency is documented during the
admission interview and receipt of prior -education documentation, or the successful completion of
the Ability to Benefit test as stated in the admission process. Students taking programs taught in
English are required to speak in English. For programs taught in Spanish, Spanish language
proficiency requirement is met by achieving a passing score on the Spanish Proficiency Test at
https://www,transparent.com/learn-spanish/proficiency-test. html,
Distance Education Policy
Orientation & Enrollment Procedure for Distance Students
Once a start date has been set, the school will:
a. Assist the student to download the Catalog, Annual Report and School Performance Fact
Sheet from the school website and deliver the enrollment agreement by email.
b. Answer any and all questions on the program, Catalog and School Performance Fact Sheet.
Instruct the student to initial, sign and date the Catalog receipt form and the School Performance
Fact Sheet and return it by email. Place the received signed forms in the Student file.
c. Answer any and all questions on the enrollment agreement. Instruct the student to sign and
return the enrollment agreement by email. School Director will sign the enrollment agreement
received from the student, email a copy of the counter -signed enrollment agreement back to the
student and place it in the Student file.
d. Send the student all books/material/courseware and any necessary software licenses. A phone
conference will be conducted to answer any questions regarding the course content and the
student will also be taught how to use online tools to communicate with their instructor,
Assignments and Grading
For the Distance programs offered by Professional Career Development Center, the institution
will provide its response or evaluation within five business days of receipt of student assignments,
lessons, or projects.
Standards for Student Achievement
Students are required to achieve a level of competence in all coursework, which includes
classroom, didactic, laboratory, and in the clinical environment, that is consistent with the level of
expertise required to perform the job or pass the licensing exams for their chosen vocation. In
order for students to be considered in a good academic standing, they must be making
Satisfactory Progress,
Satisfactory Progress measurements consist of both a Qualitative Measurement and a
Quantitative Measurement. Both the Qualitative Measurement and Quantitative Measurement are
measured at the point when the student has attended the scheduled clock hours for each
required module of the program in which they are enrolled.
In addition to completion of time frames, to be making satisfactory academic progress, each
student must maintain a cumulative minimum grade point average of B (80%) or better. For
determining satisfactory progress, a progress report is given to the student at the end of each
module or course. A student achieving a cumulative grade point average below a grade of B or
80% at the time of evaluation will be placed on academic probation. The Academic Probation will
be removed upon the successful completion of the deficiencies that lead to it. Any student
dismissed for failure to meet the academic requirements of the Center, may appeal the dismissal
by following the student appeals procedure outlined in this catalog.
Grading Format
A = Excellent
90% -100%
B = Good
80% - 89%
C = Satisfactory
70% - 79%
D = Poor
65% - 69%
F = Failing
00% - 64%
1 = Incomplete
00%
W=Withdrawal from Module
No Grade Assigned
Retention of Education Records
Students have the right to inspect, review, and challenge information contained in their education
records.
Education records are defined as files, materials, and documents, which contain information
directly, related to the student and are maintained by the Center. Written consent is required
before education records may be disclosed to third parties with the exception of regulatory
education agencies. Students wishing to review their file must make an appointment with the
student service department. All appointments must be made during regular business hours. At no
time may the student and or parent remove, destroy and or damage any documents contents in
the file.
Student records are to be kept for up to five years. Transcripts will be available for students
permanently. Students must submit a written request to the institution for an official copy of the
transcript.
Procedure to address student grievances
A student complaint procedure is available to any student who believes his/her questions or
concerns regarding the school have not been resolved. The purpose of this procedure is to
provide a prompt and equitable process of resolving student complaints.
Students seeking to resolve problems or complaints should first contact the instructor in charge.
Requests for further action may be made to the Director. If a student is concerned with
instruction, grades received, services, and/or the conduct of staff, Professional Career
Development Center recommends that the matter be informally discussed between parties
involved in order to find a resolution without formally filing a grievance document.
If a student finds that the issue still has not been resolved to his or her satisfaction, he or she
should then submit the grievance in writing within five (5) working days of the formal resolution to
the Center Director. The written grievance must clearly state the student's name, the nature of the
complaint, the name(s) of all parties directly involved in the complaint, and any appropriate
documentary evidence. Based upon the information presented in the grievance, steps toward
resolution shall begin with informal discussions headed by the Center Director. The Center
Director will evaluate the appeal and respond within five (5) working days.
If the Center Director's response is not satisfactory to the student, he or she may appeal the
decision in writing within three (3) working days. If a satisfactory solution cannot be reached
within a reasonable period, the grievance shall be scheduled for presentation to the Grievance
Committee for hearing and appropriate action. Informal discussion between persons directly
involved in a grievance is essential in the early stages of dispute reconciliation and shall be
encouraged at all stages of the grievance procedure. If informal recourse fails to resolve the
grievance within 30 days after filing, the Center Director will schedule a Grievance Committee
meeting. The Grievance Committee shall consist of two members.
The Committee will review and consider documentary records, which relate to the case, including
the grievance and its supporting documentation and any documentary evidence or statement by
the person(s) against whom the complaint was filed. The committee and the Center Director will
arrive at a fair and equitable decision.
If a student exhausts the internal grievance and appeal process, he or she may contact:
Bureau for Private Postsecondary Education (BPPE)
2535 Capitol Oaks Drive, Suite 400, Sacramento, CA 95833
Telephone 916 431-6959 Fax 916. 263-1897. Toll Free: (888) 370-7589
Full Time Student Status
Certain programs offered by Professional Career Development Center are considered as full time
programs. Students attending class 20 hours per week are considered full time students.
Academic Year Definition
The academic year for programs less than 24 semester credit hours is 32 weeks. The academic
year for programs with at least 24 semester credit hours is 36 weeks (48 if beyond 2 semesters).
Classes Schedule
Monday thru Friday Morning Class 8:00 — 5:00 P.M.
Monday thru Friday Evening class 6:00 -10:00 P.M.
Check the available schedule for your program, prior to enrolling.
Cancellation, Withdrawal and Refund Policy
Student's right to cancel (Residential Programs)
You have the right to cancel your agreement for a program of instruction, without any penalty or
obligations, through attendance at the first class session or the seventh calendar day after
enrollment, whichever is later. After the end of the cancellation period, you also have the right to
stop school at any time; and you have the right to receive a pro rate refund if you have completed
60 percent or less of the scheduled hours in the current payment period in your program through
the last day of attendance. Cancellation may occur when the student provides a written notice of
cancellation at the following address: 420 Date Street, Montebello, CA 90640. This can be done
by mail or by hand delivery.
The written notice of cancellation, if sent by mail, is effective when deposited in the mail properly
addressed with proper postage. The written notice of cancellation need not take any particular
form and, however expressed, it is effective if it shows that the student no longer wishes to be
bound by the Enrollment Agreement.
If the Enrollment Agreement is cancelled the school will refund the student any money he/she
paid, less a registration or administration fee not to exceed $100.00, less any STRF fee and less
any deduction for books, equipment and uniforms not returned in good condition, within 45 days
after the notice of cancellation is received.
Student's right to cancel (Distance Programs
This institution offers distance educational programs where the instruction is not offered in real
time. The Institution shall transmit the first lesson and any materials to any student within seven
days after the institution accepts the student for admission.
The student has the right to cancel the agreement and receive a full refund before the first lesson
and materials are received. Cancellation is effective on the date the written notice of cancellation
is sent to: 420 Date Street, Montebello, CA 90640. If the institution sent the first lesson and
materials before an effective cancellation notice was received, the institution shall make a refund
within 45 days after the student's return of the materials.
This Institution shall transmit all of the lessons and other materials to the student if the student (a)
has fully paid for the educational program; and (b) after having received the first lesson and initial
materials, requests in writing that all of the material be sent. If the Institution transmits the balance
of the material as the student requests, the Institution shall remain obligated to provide the other
educational services it agreed to provide, such as responses to student inquiries, student and
faculty interaction, and evaluation and comment on lessons submitted by the student, but shall
not be obligated to pay any refund after all of the lessons are material are transmitted.
Withdrawal from the program (Residential Programs)
You may withdraw from the school at any time after the cancellation period (described above)
and receive a pro rate refund if you have completed 60 percent or less of the scheduled hours in
the current payment period in your program through the last day of attendance. After the end of
the cancellation period, you have a right to terminate your studies at the school at any time, and
you have the right to receive a refund for the part of the course or program you have paid for and
did not receive. You are obligated to pay only for educational services rendered and for
unreturned books, uniforms or equipment. The refund will be less a registration or administration
fee not to exceed $100,00, less any STRF fee and less any deduction for books, equipment and
uniforms not returned in good condition, within 45 days of withdrawal. If the student has
completed more than 60% of the period of attendance for which the student was charged, the
tuition is considered earned and the student will receive no refund.
For the purpose of determining a refund under this section, a student shall be deemed to have
withdrawn from a program of instruction when any of the following occurs:
The student notifies the institution of the student's withdrawal or as of the date of the student's
withdrawal, whichever is later.
7The institution terminates the student's enrollment for failure to maintain satisfactory progress;
failure to abide by the rules and regulations of the institution; absences in excess of maximum set
forth by the institution; and/or failure to meet financial obligations to the school.
El The student has failed to attend class for three (3) consecutive weeks.
Ij The student fails to return from a leave of absence.
For the purpose of determining the amount of the refund, the date of the student's withdrawal
shall be deemed the last date of recorded attendance. The amount owed equals the hourly
charge for the program (total institutional charge, minus non-refundable fees, divided by the
number of hours in the program), multiplied by the number of hours scheduled to attend, prior to
withdrawal. For the purpose of determining when the refund must be paid, the student shall be
deemed to have withdrawn at the end of three (3) consecutive weeks. If the student has
completed more than 60% of the period of attendance for which the student was charged, the
tuition is considered earned and the student will receive no refund.
If any portion of the tuition was paid from the proceeds of a loan or third party, the refund shall be
sent to the lender, third party or, if appropriate, to the state or federal agency that guaranteed or
reinsured the loan, Any amount of the refund in excess of the unpaid balance of the loan shall be
first used to repay any student financial aid programs from which the student received benefits, in
proportion to the amount of the benefits received, and any remaining amount shall be paid to the
student. If the student has received federal student financial aid funds, the student is entitled to a
refund of moneys not paid from federal student financial aid program funds.
Withdrawal from the pLograrn (Distance Programs)
You may withdraw from the school at any time and receive a pro rata refund if you have
completed 60 percent or less of the scheduled days in the current payment period in your
program through the last day of attendance. The refund will be less a registration or
administration fee not to exceed $100,00, and less any deduction for books and materials not
returned in new condition as stated as refundable on the enrollment agreement. A refund will be
made within 45 days of withdrawal.
For the purpose of determining a refund under this section, a student shall be deemed to have
withdrawn from a program of instruction when any of the following occurs:
The student notifies the institution of the student's withdrawal or as of the date of the student's
withdrawal, whichever is later.
❑ The institution terminates the student's enrollment for failure to maintain satisfactory progress
failure to abide by the rules and regulations of the institution; and/or failure to meet financial
obligations to the School.
For the purpose of determining the amount of the refund, the date of the student's withdrawal
shall be deemed the last date of recorded attendance. The amount owed equals the daily charge
for the program (total institutional charge, minus non-refundable fees, divided by the number of
days in the program), multiplied by the number of days scheduled to attend, prior to withdrawal.
For distance education students scheduled days is based on a five day week, which does not
include Saturday or Sunday, or any defined holiday as enumerated in Section 6700 of the
California Government Code (specific holidays published in the catalog).
If any portion of the tuition was paid from the proceeds of a loan or third party, the refund shall be
sent to the lender, third party or, if appropriate, to the state or federal agency that guaranteed or
reinsured the loan. Any amount of the refund in excess of the unpaid balance of the loan shall be
first used to repay any student financial aid programs from which the student received benefits, in
proportion to the amount of the benefits received, and any remaining amount shall be paid to the
student. If the student has received federal student financial aid funds, the student is entitled to a
refund of moneys not paid from federal student financial aid program funds.
Refund Policy
For the purpose of determining a refund under this section, a student shall be deemed to have
withdrawn from a program of instruction when any of the following occurs:
The student notifies the institution of the student's withdrawal or as of the date of the student's
withdrawal, whichever is later.
i The institution terminates the student's enrollment for failure to maintain satisfactory progress;
failure to abide by the rules and regulations of the institution; absences in excess of maximum set
forth by the institution; and/or failure to meet financial obligations to the school.
The student has failed to attend class for three (3) consecutive weeks.
The student fails to return from a leave of absence.
For the purpose of determining the amount of the refund, the date of the student's withdrawal
shall be deemed the last date of recorded attendance, The amount owed equals the hourly
charge for the program (total institutional charge, minus non-refundable fees, divided by the
number of hours in the program), multiplied by the number of hours scheduled to attend, prior to
withdrawal. For the purpose of determining when the refund must be paid, the student shall be
deemed to have withdrawn at the end of three (3) consecutive weeks. If the student has
completed more than 60% of the period of attendance for which the student was charged, the
tuition is considered earned and the student will receive no refund.
If any portion of the tuition was paid from the proceeds of a loan or third party, the refund shall be
sent to the lender, third party or, if appropriate, to the state or federal agency that guaranteed or
reinsured the loan. Any amount of the refund in excess of the unpaid balance of the loan shall be
first used to repay any student financial aid programs from which the student received benefits, in
proportion to the amount of the benefits received, and any remaining amount shall be paid to the
student. If the student has received federal student financial aid funds, the student is entitled to a
refund of moneys not paid from federal student financial aid program funds.
Books Equipment and Uniforms return policy
If you obtain books/equipment/uniforms, as specified on the first page of this agreement, you
shall return the items within 30 days of the date you signed a cancellation/withdrawal notice.
Uniforms must be in original packing and unused for a full refund. Worn uniforms are non
refundable. If you return the items in good condition within 30 days following the date of your
withdrawal, the school shall refund the amount paid by you for the equipment. If you fail to return
the items in good condition within 30 days, the school may deduct the documented cost of the
listed equipment from any refund that may be due to you. Once you pay for the equipment, it is
yours to keep without further obligation. You are liable for the amount, if any, by which the pro
rate or documented cost of the equipment exceeds the refund amount.
Refund Calculation Explanation
You are obligated to pay only for educational services rendered and unreturned equipment. The
refunds shall be the amount you paid for the course tuition multiplied by fraction, the numerator of
which is the number of hours of instruction, which has not been received but for which you have
paid, the denominator of which is the total number of hours of instruction for which you have paid.
Hypothetical Refund Example
Assume you enrolled in a 200 hour course, which costs $2,000.00 for tuition, $100.00 for
registration and STRF fee, and $150.00 for books and equipment. Assume you made a payment
of $1,000.00 ($835.00 towards tuition, $65.00 for a book, and the $100.00 registration fee and
STRF fee). Assume you withdrew after completing 42 hours, which represents 21 % of the 200
hours. The cost of 42 hours of education is $420. The total refund you are entitled to is $480,00. If
you do not return the $65 book in "as new" condition, then the refund will be $415.00.
Holiday Schedule
Professional Career Development Center observes the following holidays
New Year's Day and Day after
Martin Luther King's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
January 1 and 2
V Monday in January
3'd Monday in February
Last Monday in May
July 4
11 Monday in September
2nd Monday in October
Last Thursday in November
Last Friday in November
December 25
Students will be on Winter Break beginning Christmas through New Year, Professional Career
Development Center reserves the right to modify this schedule with reasonable advance notice to
students.
Dress Policy
Professional dress is recommended at all times. Professional Career Development Center's
Professional Dress Policy was established in order to enable our students to become comfortable
with the type of apparel expected by the majority of employers who hire our graduates. This
policy is part of Professional Career Development Center's expectations for graduation.
The standard of dress is designed to ensure maximum comfort and uniformity in appearance.
Apparel worn should be clean, neat and appropriate to classroom and clinical setting. Students in
attire that is unbecoming of the standards of dress for healthcare professionals will be dismissed
from class and will not be allowed remain for clinical practice. Normal standards of professional
attire apply to all students and unconventional clothing is not permitted at the Center. The dress
code is as follows:
- Students will wear the school -designated uniform/scrubs to campus, clinical sites and
externship sites.
- Students will use white, non-skid nursing or sport shoes. White shoes with color logos or color
emblems are not acceptable.
- Hair should be tied and clear off the face.
- No facial or body piercings, studs, rings or jewelry (with the exception of a wedding band).
- Tattoos on arms must be covered by long-sleeved white thermals worn under scrubs
- Fingernails should be clean, short (fingertips should be visible when hands are held up, palms
out) and without nail polish (clear nail polish is acceptable).
NOT PERMITTED
• Cellular phones (should be put away and turned off during class and clinical)
• Hats or scarves (religious exception)
• Dangling jewelry or visible facial piercings (nose, eyebrow, lip, chin, etc.)
• Long, loose hair, extreme hair color or styles
• Acrylic nails or overlays
• Heeled, open -back, or clogged shoes
• No jackets over the uniform attire, unless they are professional scrub jackets. If you are cold, we
allow a long -sleeve red, white, gray or black shirt under the white scrub top.
Professional Career Development Center reserves the right to its interpretation of this policy and
its enforcement based upon the professional expectations of staff and of the employers who hire
our graduates
Standard of Conduct
An important part of the training at Professional Career Development Center includes the
development of professional conduct. Students are expected to conduct themselves in a
business -like manner. Students are expected to comply with institute policy regarding curriculum,
testing, absences, tardiness and makeup work while displaying courtesy and consideration
towards instructors, staff and other students. Professional Career Development Center defines
improper conduct as follows: cursing and/or yelling at fellow students or staff; fighting on campus;
destruction, abuse or theft of property; the use or sale of alcohol or illegal drugs on campus or at
a clinical or externship site; sexual misconduct; and disregard for institute policy. Improper
conduct is cause for termination.
Grounds for Disciplinary Action
1. Unsatisfactory academic performance and/or clinical standards
2. Unsatisfactory attendance. Failure to meet school's attendance policy or
standards.
3. Unprofessional conduct that reflects unfavorably upon the Center and/or its
students.
4. Use of Drugs, Narcotics, Alcohol (or under the influence), Gambling. Profanity on
or adjacent to institute property or at clinical externship sites
5. Inappropriate professional clothing worn during training.
6. Failure to abide by the Rules and Regulations of the Center.
7. Failure to pay tuition (or any other charges) when due.
8. Breach of Institution enrollment agreement.
9. Cheating.
10. Falsifying Institute records.
11. Carrying a concealed or potentially dangerous weapon.
12. Disorderly conduct, which interferes with the learning process of any other student,
instructor, or the general progress of the class.
13. Instigation and/or participation in rebellious activities against the Center and/or its
student(s).
14. Solicitation, which reflects unfavorably upon the Center and/or its students.
15. Vandalism of Center property.
16. Any form of gang related activity including but not limited to: flashing of gang signs,
wearing of gang colors/attire, etc.
17. Fighting (physical or verbal)
18. Verbal confrontation with any employee and or student and/or violent behavior
19. Failure to comply with federal software piracy statutes forbidding the copying of
licensed computer programs
Disciplinary action may include, but not limited to, a verbal or written warning, probation,
suspension, or dismissal. A student dismissed for unsatisfactory or unprofessional conduct may
request re -admittance into his or her program by following the procedure set forth under
reinstatement as noted in this catalog.
Eating in Classrooms
Eating and/or drinking are not permitted in classrooms. Unfortunately, due to the necessity of
maintain a professional learning environment that respects the rights of all students, children are
not permitted on the school premises.
Attendance Policy
Students are expected to attend all classes and clinical/ ride a -longs learning experiences. The
student must adhere to Attendance Policy; specifically policies related to Make -Up Theory and/or
clinical hours, ride -a -longs and must abide by the mandatory ratio of 95% theory/clinical hours
completed, as compared to the theory/clinical hours offered in each evaluation period of the
education program, in order to earn a satisfactory grade.
Punctual attendance is required at all class sessions and clinical/ ride- a -long experiences.
The Faculty believes that attendance at scheduled classes, examinations, assigned clinical
experiences, is crucial to meeting course and program objectives. All scheduled time missed by
the student will be considered an absence. When serious illnesses and unexpected life events
occur, the Instructor may grant limited excused absences on an individual basis. After an
extended illness, the student is required to present written clearance from the physician to return
to school. If for any reason, a student is not able to attend a scheduled class, examination or
clinical experience, the student should:
Call the business office at least one hour prior to the scheduled clinical/ ride a -long or
class time.
• If calling to report an absence for a clinical/ride-a-long experience, the student must also
report to the assigned clinical Instructor/clinical coordinator at least one hour prior to the
scheduled clinical time. Students rotating to affiliating clinical agencies will follow
reporting off procedures as directed by the clinical Instructor.
• Failure to follow the procedure for reporting off from a clinical /ride -a -long experience will
result in a notation on the clinical performance evaluation. A second failure to follow the
procedure for reporting off from a clinical experience in a single semester will result in
termination from the program.
UNEXCUSED ABSENTEEISM MAY BE CONSIDERED REASON FOR TERMINATION FROM
THE PROGRAM.
Make-up Policy for Missed Time
Students who have missed time from theory class or clinical experience will be required to
complete make-up as determined and scheduled by the Instructor.
Acceptable Methods for make-up include:
Theory: View a computer based video of the actual theory class.
Case studies, independent study, written examination, and research reports
Clinical: Performance evaluation in skills laboratory or additional time in the clinical area
performing skills
• Documentation of Missed Experiences — The Program Director and the Instructor
must be notified by the student of absences from clinical experiences and examinations
as they occur during the term. Absences from and makeup for clinical experience will be
documented on the student's clinical evaluation form.
• Punctuality vs. Tardiness — Faculty recognizes that punctuality is a desirable
professional nursing trait. Tardiness for either class or clinical/ride —a long experience is
defined as "the student arriving late or leaving early from the assigned experiences." The
student will be sent off clinical for tardiness and be required to do make-up for clinical
experiences missed. If the tardiness is habitual, the student will be terminated.
Make-up Procedure for Missed Class or Examination
• Class Content Makeup — Students are responsible for all class content presented. If they
are not present, a makeup will be to view the actual video of the theory class held on that
particular day
Class Examination — Students are expected to attend an examination on the day and
time it is scheduled. Students who miss an examination due to an excused absence will
be given an alternate exam. The alternate examination will be valued 5% less that the
original examination. It is the responsibility of the student to contact the Instructor within
24 hours of return to school to arrange a time for make-up of the missed examination (or
quiz). All examinations and quizzes must be made up within one week (5 working days)
after return to school. Examinations or quizzes not made up within this time period will be
assigned a grade of 0%.
Clinical Experience Makeup Policy/Procedure:
o A student who is absent from a clinical/ ride -a -long experience is responsible for
contacting the clinical Instructor/Clinical coordinator on the day of return from the
absence to discuss a makeup experience. A second failure to contact the clinical
teacher within 24 hours of return will result in termination from the program.
o Clinical Makeup — Clinical and laboratory make-up will be permitted at the
discretion of the Instructor. Learning objectives not achieved will be identified and
a plan for correction will be shared with the student. The Instructor may give
additional assignments to assist the student in meeting the course objectives
(i.e., materials, reviewing selected audio-visual materials, and/or writing a paper
relevant to the clinical experience missed). All assigned makeup hours must be
completed before the next course begins.
Canceled Clinical Experience — If a scheduled clinical experience is canceled for
unforeseen circumstances (labor disputes, inclement weather, etc.) an alternate
clinical experience will be provided.
Written Tests
A student who misses a regularly scheduled quiz/test must make arrangements for a
make-up test. The grading policy on make-up tests is as follows:
The student must contact the instructor on the student's first day returning to school to
request a make-up test. The instructor will schedule the time for the test to be made up.
the student does not keep the make-up appointment as scheduled, the student will
receive a zero score and failing grade for the test. If the student does not contact the
instructor on the first day returning to school, the test may not be made up and the
student will receive a zero (failing grade) on the test.
Any student who does not take a test in accordance with the terms of this policy shall
receive a score of zero (failing grade) on the test.
STUDENTS CANNOT PROGRESS TO THE NEXT MODULE UNTIL ALL MAKE-UP IS
COMPLETE
Attendance
A sign -in sheet will be provided by the instructor of every course on a daily basis. It is the
student's responsibility to sign the sheet daily. Specific hours of attendance are part of graduation
requirements. Failure to meet the required hours of training will result in denial of graduation
status.
Students are expected to be on time to class every day. When students must be absent from
class, they need to call the Center prior to the start of class, noting the class they are in, an
explanation of why they will not be in class that day, and when can we expect their return. All
students are expected to attend every session of every course in which they are enrolled. Failure
to do so may indicate lack of serious purpose. Students who fail to attend the first class meeting
and/or week may be dropped from the class. Religious observances and military duty, however,
are excused. The student should inform their instructors prior to such an absence. Course work
missed for unavoidable cause may be made up with the instructor's approval. Under no
circumstances will absence for any reason excuse the student from completing all the work
assigned in a given course. After an absence, it is the responsibility of the student to consult with
the instructor regarding the completion of missed assignments
Recurring absences could result in disciplinary action, including dismissal. Students must
maintain an 80% attendance record or better to maintain "Satisfactory Attendance Progress."
Unsatisfactory attendance may lead to Probation status. Excused absences are not automatic;
your instructor monitors and provides all attendance to the Student Services Department.
THE NURSE ASSISTANT/HOME HEALTH AIDE PROGRAMS ARE ON A SCHEDULED
START AND END DATE AND SPECIFIC ATTENDANCE POLICIES.
Certified Nurse Assistant/Home Health Aide Students- Due to the required specific hours of
theory and clinical training by the California Department of Health Services for certification as a
Nurse Assistant or Home Health Aide, each student must complete the minimum required hours
of training. It must meet or exceed the California Department of Health services minimum
standards. Excessive absences may result in probation, suspension, or termination.
1 The student must take the training course entirely
2 Complete attendance is required. For the CNA program students are required to attend a
minimum of 160 hours total (60 hours of Theory and 100 hours of Clinical). There are no excused
absences. All absences must be made up. An absence of 5 hours within the first 5 days of the
course will be grounds for immediate dismissal.
3. An absence for more than 10% of the total course hours will not qualify for a certification of
completion.
4. A supervised make up can be schedule starting after five days of classes.
5. A supervised make up classes will be offered. You can schedule one eight hour make up in
five (5) days of classes.
CNA Attendance Policy Highlights: Attendance is critical to successful completion of the
course. All modules must be completed. There is one make-up day for theory and one make-up
day for clinical. Three late arrivals count as one absence. Those who are more than 15 minutes
late to lecture or clinical may be asked to go home and take an absence.
An absence of 5 hours within the first 5 days of the course will be grounds for immediate
dismissal. An absence for more than 10% of the total course hours will not qualify for a
certification of completion.
Excused Absence
Excused absences are not automatic. Your instructor monitors and provides all attendance to the
Student Services department. Vacations are not considered excused. The Center will not tolerate
abuse with this policy. It was implemented for that student who has unusual or unforeseen
problems. However, you must still maintain the minimum cumulative grade point average.
Tardiness
The institution places upon its students the same demands that an employer will place upon them
as employees. Students are expected to be on time for each class session. A student is
considered tardy for class if he/she ARRIVES LATER THAN 15 MINUTES AFTER THE
SCHEDULED START OF CLASS. A tardy student will be marked daily as being tardy. Any
combination of three (3) documented tardies will be considered as one (1) absence.
Leaving Early
The institution places upon its students the same demands that an employer will place upon them
as employees. Students are expected to remain in class for the entire session. A student is
considered leaving early from class if he/she LEAVES EARLIER THAN 15 MINUTES PRIOR TO
THE CLOSE OF CLASS. The Instructor should be notified prior to being dismissed early from
class. A student leaving early from class will be marked daily as leaving early. Any combination
of three (3) documented early departures will be considered as one (1) absence.
Cutting Classes
Cutting of classes will be considered unexcused absences
Leave of Absence Policy
If a "Leave of Absence" is required, a student must submit in writing to the Student Service
Department, the basis of the request, expected return date and the initial date of request with the
student's signature. This does not automatically reflect the Center's approval. A Leave of
Absence may be limited to a specified amount of days (NOT TO EXCEED 60 DAYS). Only one
Leave of Absence will be granted for a student during any 12-month enrollment period. If the
student's leave of absence is NOT approved, the student will be considered to have withdrawn
from the Center.
If the Leave of Absence is approved, the student may return prior to or at the end of the Leave of
Absence and resume training without paying additional tuition. Students requesting Leave of
Absences must understand that upon return, a revised course completion date will be
established, which will delay their graduation date.
Attendance Probation Policy
Any student failing to maintain a minimum 80% of the maximum time frame of the program hours
shall be, at a minimum, placed on "Attendance Probation" (unless extenuating circumstances are
established). The length of probation shall be for the period of time required for the student to
reach a minimum of 80% of the scheduled class hours however, in no event shall exceed one
evaluation period ( unless extenuating circumstances are established). The probation period may
be lengthened to provide assurance that the student achieves and maintains satisfactory
attendance progress. The student will be allowed to make up hours, assignments and or exams if
space is available, and be removed from probation. No more than two terms on probation will be
permitted
Make-up Time/Work Accountability
Make-up hours, assignments and/or tests are available and encouraged. Make-up time/work
must schedule with your Instructor to assure proper credit. Students must make up time/ work for
proper credit towards graduation. Make-up classroom time must be completed on the Institution
premises. Make-up assignments and/or test will be given for those who need to make up for
academic grade/ semester credit hours. Any test that is not taken during the scheduled test time
will be automatically dropped one full grade. All make-up hours must be accounted for and signed
on a missed day make-up sheet also signed by the Instructor.
THE NURSE ASSISTANT and HOME HEALTH AIDE PROGRAM HAVE SPECIFIC MAKE-UP
POLICIES
Disciplinary Action and Termination
It is the policy of Professional Career Development Center to engage all of its representatives in
the process of monitoring student conduct. This combined effort is designed to provide
continuous, consistent and supportive services that are intended to inform and guide the student
in all aspects of educational requirements.
Through well -established professional standards of conduct for its representatives, Professional
Career Development Center holds equally high expectations of its students. Procedures
regarding Disciplinary Action and Termination are uniformly administered based on the degree of
seriousness and nature of the misconduct.
In all cases, the Center Director will participate in the review and decision making process of all
incidents of unacceptable conduct.
It is the policy of Professional Career Development Center to have a procedure and operational
plan for handling student complaints, including decisions regarding suspension and termination.
As part of this procedure, if the student feels that Professional Career Development Center has
not adequately addressed a complaint, concern or grievance, the student may consider
contacting the Bureau for Private Postsecondary Education. Refer to the Grievance Procedure in
this catalog.
Withdrawal / Dropout Policy & Procedure
Students who wish to withdraw from their training program should contact the Center Director.
All students who withdraw or dropout (failed to attend classes for a three-week period without
prior arrangement) are required to meet with the Business office.
Regardless of the circumstances of withdrawal or the date of notification to the Center, the official
withdrawal date is the last date a student attended classes. Both refunds and final grade
determinations are based upon last date of class attendance.
Re -enrollment
Any student who wishes to re -enroll in the same program should first submit a letter to the
Center Director explaining the reason for initial withdrawal and reasons to re -enroll.
Any student who re -enrolls must sign a new enrollment agreement at the prevailing tuition.
This procedure is for a "Seven Day Cancellation" as well as program cancellations or
terminations. All outstanding balance due to program cancellations/terminations must be paid in
full.
Any credit given for prior training will be determined on a case -by -case basis by the Center
Director. Institute payments received will be credited to the applicable program. The remaining
credit balances will be transferred to the new program. The Center at its sole discretion will
determine the student's re -enrollment. A change from one program to another is not considered
re -enrolled additional information on course changes can be found in this catalog under Changes
in Program. based on each individual's financial assistance packaging, it is important that all
financial obligations are discussed prior to re enrolling.
Suspension and Dismissal
Professional Career Development Center reserves the right to suspend or dismiss any student
whose attendance, professional conduct, or academic performance which does not meet the
Center's standards and/or who fails to abide by the rules and regulations. Any student who has
been suspended or dismissed may appeal the action by following the student appeal procedures
outlined in this catalog.
Satisfactory Academic Progress Policy
In addition to completion of time frames, to be making satisfactory academic progress, each
student must maintain a cumulative minimum grade point average of B 80% or better. For
determining satisfactory progress, a progress report is given to the student at the end of each
module or course. A student achieving a cumulative grade point average below a grade of "B or
80%" at the time of evaluation will be placed on academic probation. The Academic Probation
will be removed upon the successful completion of the deficiencies that lead to it. Any student
dismissed for failure to meet the academic requirements of the institute, may appeal the dismissal
by following the student appeals procedure outlined in this catalog.
Student Appeal Procedures
A student, who wishes to appeal any disciplinary action and/or decision made by an Instructor,
must submit a letter to the Center Director to be reviewed by an Appeals Board. Students must
provide supportive documentation along with their letter in order to support his/her position and
any mitigating circumstances that may have existed. This Appeals Board shall consist of three
(2) attending members. The student will be notified of the Appeal Board decision within 30 days
following the receipt of the student's appeal. The decision of the Center Director shall be final.
Reinstatement
A student requesting to be reinstated as an active student, based on whatever reasons or
circumstances, should do so in writing. Supportive documentation and/or information concerning
any mitigating circumstances should be noted in the request. The Center appeals board shall
consist of (2) two Center administrators The requesting prior student shall be notified of the
Reinstatement Review within 30 days following the decision of the Center Director.
Graduation Requirements
Students will receive the appropriate completion certificate or Diploma if the following
requirements
have been met:
1 All required courses in the student's program have been satisfactorily completed
and the final examination has been passed.
2 A minimum grade of 80% has been earned in all theory and clinical/ Ride longs
coursework, and a Passing grade in clinical/ Ride longs coursework of 80% or
better.
3 An overall attendance of 80% has been attained
4 Financial obligations due Professional Career Development Center have been
satisfied in full for the tuition and fees.
5 Requirements for administrative departments (financial obligations, and
placement
information) have been completed satisfactorily.
Changing Programs
At times, a student may wish to change his chosen career goal. The Center reserves the right to
allow or disallowed a transfer from one program to another offered at this Center. For this
transfer, the student will sign an addendum to the original contract. The student will be charged
for the appropriate time used for the prior program and be charged the additional fees for the new
program as the published regulations allow.
The process for this program change will be as follows: Notify the Admission Office, Business
Office and Student Services prior to the change. Instructors will not make the decision to transfer
a student as this effect the student's financial status.
Final Exam and License
Nurse Assistant and Home Health Aide students, upon completion of the course, and completing
the final exam with a grade of 80% on the final examination will be eligible to apply for the
certification test given by the State CNA Testing Center. After taking the certification test and
passing to receive a certification as a Certified Nurse Assistant with the testing site, the student
will be issued a transcript, and diploma, If tuition is paid in full to the Institute. The State CNA
certification test is not given by the Center, but by the Regional Testing Center. The school
cannot guarantee the State CNA certification.
Certified Nurse Assistant Students. upon completion of the course, When the student has
completed the Certified Nurse Assistant program she/he can take the American Red Cross Exam.
As the student passes the American Red Cross Exam the California Department of Health
Services will issue a Certified Nurse Assistant certification. The Certification is mandatory to work
in a long term care facility. The Center will then issue the student a Diploma for completion.
When the student has received the Certification for the Nurse Assistant, they student can proceed
to the Home Health Aide certification with the added theory and clinical for that program.
Rationale for the Percentages used for the different major areas
Theory Performance Evaluation
aior Areas and Ratio
40% Tests:
Emphasis placed on various instructional objectives to indicate the degree the students'
theoretical achievement. Validates theory and clinical correlation through written test
40% Clinical Project
Validates theoretical knowledge through clinical applications, and case presentations.
Clinical Performance Evaluation
The following grading system is used: Pass or Fail
A student who fails to achieve a passing grade in the clinical portion of a course, cannot progress
to the next module.
Clinical Performance is evaluated as:
• Satisfactory
The student has met the clinical objectives based on course requirements
• Unsatisfactory
The student has not met clinical objectives based on course requirements
Students must demonstrate overall satisfactory performance during the clinical assignments for
each content area. Failure to improve performance to Satisfactory, results in an unsatisfactory
evaluation.
CERTIFIED NURSE ASSISTANT STUDENTS
A student who receives an overall unsatisfactory evaluation in clinical performance in any module
will be dismissed from the program.
Students are evaluated in the domains of cognitive, psychomotor and affective behaviors. Clinical
performance evaluations are based on evidence of student achievement of the course's clinical
objectives. Clinical objectives will be measured through direct observation (at least 75% of the
grade) of actual performance
The Clinical Evaluation Tool used in assessment of student achievement of the course's clinical
objectives evaluates a composite of skills and must be satisfactorily demonstrated in order for the
student to receive credit. At the modules end and completion of each clinical rotation, written
clinical performance evaluations are prepared and reviewed with the individual students.
Achievement of clinical objectives is reviewed with the student at the end of each clinical rotation
day at post conference. Clinical performance pre and post conferences are held by the clinical
instructor with the student throughout the rotation. Problem areas are written in anecdotal form,
clearly identifying areas requiring improvement. A plan for the right to add any written comments
to the original form and copy, dated and signed by both parties, is given to the student.
Certified Nurse Assistant Students} upon completion of the course, When the student has
completed the Certified Nurse Assistant program she /he can take the American Red Cross
Exam. As the student passes the American Red Cross Exam the California Department of Health
Services will issue a Certified Nurse Assistant certification. The Certification is mandatory to work
in a long term care facility. The Center will then issue the student a Diploma for completion.
When the student has received the Certification for the Nurse Assistant, they student can proceed
to the Home Health Aide certification with the added theory and clinical for that program.
Controlled Substance, Alcohol and Drug Abuse Policy
All students and employees are informed that the unlawful manufacture, distribution, dispersion,
possession, or use of a controlled substance or alcohol within the premises of the Center is
strictly prohibited. Employees and students violating this rule will be subject to immediate
termination of employment or Center program. Following is a list of drug -free awareness
programs that also provide detailed information regarding:
Dangers of Drug and Alcohol Abuse
Assistance with drug and Alcohol Abuse Counseling
Penalties for the Abuse of Alcohol or Drugs
Rehabilitation Programs
The following are local and national agencies that provide assistance to employees, students,
and their families:
Drug Information Hot Lines:
National College on Drug Abuse (800) 662-HELP
(800) 843-4971
National Clearinghouse for Drug Information (800) 729-6686
As stated above, students and employees are subject to immediate termination for violation of
this rule. In addition, persons distributing drugs to employees or students will be referred to the
authorities and charges of drug distribution will be pressed by the Center. Each student is
required to read and sign a statement concerning this policy.
Penalty for possession and/or use of controlled substances and alcohol abuse vary with specific
jurisdictions and are at the discretion of the judge in specific cases. For first time convictions of
the use of a controlled substance or alcohol abuse, offenders will be referred to a
rehabilitation/education program. However, state and/or federal law provide penalty guidelines for
drug trafficking or selling/providing alcohol to anyone under 21.
General Terms and Conditions
No applicant shall be rejected from admission to the School the basis of age, race, color, sex,
disability or national origin nor be subjected to discrimination of any kind base on the above. For
information regarding non-discrimination issues or to resolve complaints, contact the School
Director of designee.
The School does not and cannot guarantee employment nor level of income or wage rate to any
student or graduate. However, placement assistance will be provided in the form of referrals to
potential employers, resume preparation, training on job seeking skills and interview techniques.
All instructional equipment for the course selected will be furnished by the School. There are,
however, required books and materials that are to be paid by you. The cost of medical or other
examinations, if required, is to be paid by the student.
Diplomas, certificates signifying satisfactory completion will be issued after the completion of the
entire program. Students will be tested/evaluated on classroom (lecture). The student must
achieve the cumulative grade point average (GPA) as stated in the catalog in order to graduate
and receive the Diploma or certificate.
The School reserves the right to postpone training in the event of Acts of God, labor disputes,
equipment failure, etc. for a maximum of 30 days. Students will be duly notified by phone, e-mail,
or letter.
All course schedules are subject to change in starting and completion dates. Students will be duly
notified. Students will be offered the opportunity to consent as provided by law. In cases where
such changes would cause an undue hardship, a refund will be offered. The maximum
postponement of class is 90 days.
The School reserves the right to withdraw a scheduled course if the registration is insufficient to
make up a class. All student charges paid will be refunded.
The School reserves the right to change or modify the program content, equipment, staff, or
materials and organization as necessary. Such changes may be required to keep pace with
technological advances and to improve teaching any program or result in tuition changes for
current attending students.
The School reserves the right to reject an applicant from admission not meeting the requirements
for the course selected. The student's enrollment may be terminated at the discretion of the
School Director if the student's academic progress, behavior, absences, lateness, dress, etc.
does not conform to the attendance requirements, rules and regulations of the School, as stated
in the catalog; in which event, the extent of the student's tuition obligation will be in accordance
with the School's refund policy.
In any particular provision of this agreement shall be deemed invalid if unenforceable, it shall not
affect the other provisions hereof, and this agreement shall be construed in all respects as if such
invalid of unenforceable provisions were omitted.
This Agreement constitutes the complete contract between the School and the student, and no
verbal statements or promises will be recognized.
Any questions a student may have regarding this enrollment agreement that have not been
satisfactorily answered by the institution may be directed to the Bureau for Private Postsecondary
Education by at
2535 Capitol Oaks Drive Ste 400
Sacramento, CA 95833
(916) 431-6959, (888) 370-7589. Fax (916) 263-1897
EXHIBIT C
."". Ernpinymenl INFORMATION NOTICE �
6evelopmenf c
4
Department Date: June 4, 2020 Number: WSIN19-48
state of C a l i f u r n i a Expiration Date: 07/04/2020
ax=
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 WIOATitle 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
(Includes placement in
67.0%
71.9%
71.0%
61.4%
education for Youth
Employment Rate 4th
Quarter After Exit
(Includes placement in
66.0%
72.5%
71.0%
62.0%
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 Skill
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 IWSD19-11 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.
Procareer Academy
Grantee/Contractor Organization
Signature
AK Thakore, President
Name of Certifying Official Signature
Nursing Assistant Program
Program Title
EXHIBIT D
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
EXHIBIT E
M
(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).
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. `//(irk%k"
8./17/21
Date
Program Operator Signature
EXHIBIT E
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: AK Thakore
Name of Contractor:
Contractor Number:
Date:
Procareer Academy
4122131
8/17/21
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):
11133 15t Avenue
Whittier, CA 90603
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, (Le. 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.
PROCAREER ACADEMY
Grantee/Contragto�r�Organization
Jt� A.K. THAKORE, PRESIDENT
Name and Title of Official Authorized to Certify
On Behalf of the Grantee
8125/21
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, orvoluntarily
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, orvoluntarily
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 CaIJOBs ETPL Module for accepting applications from the providers to be listed
ATon the ETPL. Local boards may authorize a single local board to act on their behalf in malting
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 program(s) 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.
ATSAWDB 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"' Floor, Hawthorne, CA 90250, 310-970-7700.
ATCONTRACTOR is required to be in compliance with South Bay WDB Master agreement and
SAWDB agreement.
A In cases where South Bay WDB has denied a provider's application, provider may submit the
`1 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.
R�Local boards may establish local policies requiring performance above the state minimum standards
I for providers to be included on the ETPL.
ATAcceptance and processing of an application does not constitute an agreement or relationship between
}I the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB.
Applications will be process on an ongoing basis.
p �j ❑ CONTRACTOR must be in compliance with the State and Federal regulations, per Workforce
I/•�! 1 Innovation and Opportunity Act (WIOA) Eligible CONTRACTOR List Policy and Procedure
WSD15-07 or it's replacement.
A/� "jam CONTRACTORS must also meet one of the following criteria in order to have their programs
jl listed on the ETPL:
1) Bureau of Private Postsecondary Education Approval to Operate, or Verification of
Exemption by BPPE.
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.accjc.ote/ or
www.wascscnionornJ
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.
EXIIIBIT G
5) Approval by the Chancellor's Office of the California Community Colleges (CCCCO).
ATCONTRACTOR must reapply to be considered for subsequent approval on the ETPL and agrees to
provide the required performance and cost information data.
A�0 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
Ainstitution types are not required to meet a specific performance threshold to be listed on the CA ETPL.
❑ 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.
❑ ALL Training on the ETPL must be for occupations in in -demand industry sectors identified by the
M
state, regional or local workforce development boards.
❑ All Training on the ETPL must provide training services that lead to an industry -recognized credential,
Anational or state certificate, or degree, including all industry appropriate competencies, licensing
Aand/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.
M ❑ CONTRACTOR must maintain all the relevant records utilized to support the data submitted on ETPL
A for audit or monitoring purposes by the SAWDB or the State EDD office.
�❑ CONTRACTOR 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
Astudent financial assistance, we expect that instances of exemption will be very rare.
❑ CONTRACTOR must have all considered training programs listed with the BPPE, the SAWDB may
verity the data that was submitted to BPPE.
❑ All new and current CONTRACTOR will be required to be registered in CaIJOBSS' and must have
A all considered training programs listed with the BPPE match on CaIJOBS.
❑ All CONTRACTOR 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
A required. Programs that do not include performance data will not be approved for listing on the ETPL.
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
Aindividual referral basis.
�❑ CONTRACTOR shall not accept nor enroll WIOA participants who do not meet the
CONTRACTOR's enhance 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
ACenter'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
Asubmitting the Vendor Voucher to the SAWDB for payment.
❑ CONTRACTOR agrees to cross out sections of the student enrollment agreement that would hold the
A WIOA participant financially responsible for any training related expenses.
�❑ Once accepted, CONTRACTOR agrees to enroll the WIOA participant in the course stipulated on the
Vendor Voucher and no other.
EXHIBIT G
/ El CONTRACTOR agrees to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for
�� 11 third party testing (Microsoft, Novell, A+, etc.) and will provide a copy of the Pass/Fail results at that
time.
� 0 Pre -Apprenticeship CONTRACTORS must include a letter of commitment from an approved
l apprenticeship program and meet the application policies and procedures required for the type of
ATprogram (e.g., community college, private post -secondary, adult education provider, etc.).
CONTRACTOR Apprenticeship Programs registered under the National Apprenticeship Act (NAA)
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
Aas the corresponding program remains registered, as described at WIOA sec. 122(a)(3).
�❑ CONTRACTOR agrees to allow SAWDB, Santa Ana WORK Center, the State of California, and the
Department 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
Adiscussions related to the records of the WIOA participant.
❑ CONTRACTOR agrees to provide progress reports which indicate grades and test scores as well as
A attendance reports, to the WIOA client's Case Manager on a monthly basis.
�❑ 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.
T❑ 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
ATthe attention of the WIOA Case Manager, 801 W Civic Center Dr., 4200, Santa Ana, CA 92701.
CONTRACTOR 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
Agraduation.
�❑ 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
Afor the CONTRACTOR to get credit for placement in employment.
❑ I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of
this agency or business to submit this proposal.
❑ CONTRACTOR is not currently on any Federal, State of California, or local Debarment list.
A ❑ CONTACTOR will provide records to show that we are fiscally solvent, if needed.
Al ❑ CONTRACTOR has, or will have, all of the fiscal control and accounting procedures needed to ensure
ATthat 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:
AID Records accurately reflect actual performance if applicable.
AID Maintain record confidentiality, as required.
AT❑ Reporting financial, participant, and performance data, as required.
AT❑ Comply with State and Federal fiscal and program activity audits.
AID Complying with Federal and State non-discrimination provisions.
A-(❑ Meeting requirements of Section 504 of the Rehabilitation Act of 1973.
3 EXHIBIT G
Al ❑ Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey)
Al ❑ Meeting all applicable labor law, including Child Labor Law standards.
AT ❑ Agree to provide a drug free workplace.
AT ❑ Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability
Coverage in the amount of $1,000,000.00 policy.
AT ❑ Agree to provide all participants with Grievance Procedures.
AT ❑ Agree to insure proposer's employees through Workers Compensation Insurance (including part-time
employees)
AT ❑ Procurement policies and procedures are in place and meet federal guidelines.
CONTRACTOR will not:
AT ❑ Use WIOA money to assist, promote, or deter union organizing.
AT ❑ Use funds to employ or train of persons in sectarian activities.
A7 ❑ Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used
for sectarian instruction or religious worship.
A7 ❑ Use WIOA money under this contract to purchase any equipment.
I hereby assure that all of the above are true.
Signature
President 8/17/21
Title Date
EXHIBIT G
COMPLAINT HANDLING
UNDER THE
Workforce Innovation Opportunity Act
Santa Ana Local Workforce Development Area
Revised May 20, 2019
EXIHBIT H
Table of Contents
Information Regarding Complaints 3
A. Nondiscrimination and Equal Opportunity Complaints 3
1. Policy Statement 3
2. Civil Rights 4
3. Nondiscrimination laws under W
9
4. How to File Your Complaint 5
B. Criminal Complai
II. General Procedures for Handling Non -Criminal Violations of the Act 6
III. Procedures for Handling Complaints at the LWDA Level g
IV. Procedures for Handling Complaints at the State
12
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Disability Complaints by Participants 17
GLOSSARY OF WIOA TERMS
2
EXHIBIT H
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.
5. If a complaint does not receive a decision at the LWDA grant recipient level within 60
days of filing the complaint or receives an unsatisfactory decision, the complainant
then has a right to request a review of the complaint by the Governor.
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;
What provisions under the Act, regulations, grant or other agreements under the Act, are
believed to have been violated;
s
EXHIBIT H
e. Remedy sought by the complainant; and
If the complainant is a private or public entity or corporation, and not a natural person,
the filing of the complaint must be duly authorized by the governing body of such entity
or corporation.
The absence of any of the requested information shall not be a basis for dismissing the
complaint.
A copy of the complaint must be sent to the respondent and both parties notified of the
opportunity for an informal resolution. At each step of the complaint process, the complainant
must be notified in writing of the next procedural step.
2. Informal Conference
Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints;
however, such informal conferences shall not extend the time within which a decision
must be issued after receipt of a complaint. Attempts at informal resolution will
commence with two (2) weeks of the date of filing of the complaint.
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.
Full regard must be given to the requirements of due process to insure a fair and
impartial hearing.
The hearing office designated by the EEO Officer to function in a quasi-judicial capacity
should begin the hearing by summarizing the record and the issue and should explain
the manner in which the hearing will be conducted, making sure that everyone involved
understands the proceedings. Such explanations should be adapted to the needs of the
specific situation. The hearing officer might take testimony under oath or affirmation to
give some assurance of veracity to the hearing.
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.
The party involved should have the right to be represented (at their own expense) if
he/she so desires. Other he/she is limited to his/her own abilities and those to the
hearing officer in obtaining testimony in the case.
6. It is important that the hearing officer obtain the fullest information for the record. If the
parties involved, or their representatives, do not know how to ask the right or pertinent
questions in pursuing their right to due process, it shall be necessary for the hearing
officer to step in to have all the materials and relevant facts elicited.
7. The practice in informal hearings is generally not to apply strict rules of evidence in
obtaining facts. However, the quantity of evidence required to support a decision on an
issue should be sufficiently credible that the state (or other appropriate agency), upon
reviewing the decision, would conclude that the decision is supported by substantial
evidence.
8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior
to the conclusion of the hearing.
9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a
recommended decision to the 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.
1 7:fleiM
D. Record of Hearing
An administrative file containing support documents on the complaint resolution process
hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to
serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of
the issues and the results. This information would then be available for subsequent review
in the event the matter is raised with the State. Such records must be retained for a three-
year period after the grant has been officially closed out.
The Santa Ana LWDA's written decision will be included in the record. Evidence received at
the hearing, notes by the hearing officer, stenographer's notes and tape recordings may
also be used.
E. Establishment of Complaint Procedures
In accordance with Section 683.600, each employing agency including private -for -profit
employers of participants under the Act is required to establish a complaint procedure for
resolving matters relating to the terms and conditions of employment. Employers may
operate their own grievance system or may utilize the Santa Ana LWIDA's established
procedures under Section 683.600. At a minimum these procedures must include:
Written notice, upon enrollment into employment training services, of the scope and
availability of such procedures. Employer's grievance procedures shall be set forth in a
written document and must meet the regulation mandate that a complaint will be
resolved with sixty (60) days from the date the complaint was filed. A copy of employer's
grievance procedure shall be provided to each participant upon enrollment in
employment training.
2. Written notice, at the time the grievance is filed, of the procedures under which the
grievance will be processed.
3. Written notification of the disposition of the grievance and a written decision shall be
issued within thirty (30) days of the filing of the grievance unless a present and long
established grievance specifically provides other limits; and
4. Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWDA and the State Review Panel in accordance with
Section 683.600.
IV. Procedures for Handling Complaints at the State Level
Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires
the Governor to establish a State Review process of complaints filed at the LWDA grant
recipient level and of complaints initially filed at the State level.
Appeals of decisions issued at the LWDA level including audit disallowances and sanctions
shall be reviewed by the State Review Panel. The State Review Panel shall review the record
12
EXHIBIT 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
EXHIBIT H
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
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.
d. A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a designated
hearing officer will be scheduled.
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his/her position, to present oral
and/or written arguments, to examine records and documents relevant to the issue(s),
and to be represented.
The hearing officer shall issue a written decision, which shall be forwarded to the State
Review Panel for final determination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must be
approved by the Secretary of Labor
C. State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the WID,
and one from the Director's office. The panel will issue a written decision, which will be
sent to the appropriate parties within thirty (30) days of receipt of the request for State
review.
14
EXHIBIT H
U
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.
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).
is
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
w
0
0
IR
Unsatisfactory Decision or LWDA Decision not issued within 60 days
Request for State Review w
0
0
Governor's Decision issued by State Review Panel
If no decision issued by State Review Panel
Appeal to DOL
m
0
0
R
16
EXHIBIT H
In cases where areas of authority overlap, it is the responsibility of the EEO Officer to
advise the complainant of the existence of State, Federal and other proper action
agencies, which may also have a bearing.
3. Complainants alleging discrimination under this part will be made aware of their right to
file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and
applicable procedures.
4. Complainants must file their complaint directly with:
Jennifer Sommers
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714) 647-5348
VI. Procedures for Handling Disability Complaints by Participants
Complaints alleging discrimination on the basis of disability will be filed and processed under
the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973
at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures
before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file his/her
complaint.
A. Procedures at the LWDA Level
The complainant shall file his/her complaint directly with the Santa Ana LWDA. Upon
receipt of the complaint, the EEO Officer shall investigate and gather information
concerning the complaint.
2. An informal conference will be held with the parties concerned in an effort to resolve the
issue(s). The complainant has the right to be present and may be represented during
the conference.
3. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than
thirty (30) days after the filing of the complaint.
B. Procedures at the State Level
1. The complainant may appeal to the State if he/she is not satisfied with the decision of the
Santa Ana LWDA.
17
EXHIBIT 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.
The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt
of the request for review.
4. After the complainant has received a decision or no decision has been received from the
Director of Employment Development Department (on behalf of the Governor), the
complainant has the right to appeal his/her complaint within thirty (30) calendar days to
the Office of Civil Rights (OCR) with the Department of Labor.
is
EXHIBIT H
1PROCEDURES FOR HANDLING COMPLAINTS ON BASES OF DISABILITY
No later than
180 days of
alleged
discrimination
Filed within 30
days of
LW DA/State
Decision or 90
days from date of
initial filing of
complaints
Filing of complaint on the basis of Disability with LWDA
Informal Resolution
If no resolution reached
o
o
Request for Hearing
Notice of Hearing
Hearing Conducted
LWDA Decision
Unsatisfactory Decision or No Decision
o
State Review
Governor's Decision
Appeal to Assistant Secretary Department of Labor
Day
Day/45 Day
60 Days
19
EXHIBIT H
GLOSSARY OF WIOA TERM
AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on
the basis of age by any program or activity receiving Federal Funds.
APPLICANT — An individual who applies to a subrecipient or contract for services provided under
WIOA and who has not yet transitioned to the status of participant.
ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities
and interests and to develop a plan to achieve the participant's employment and related goals; also to
identify the available employment and traning activities appropriate for the participant. Testing and
counseling may also be used during assessment process.
CHARGING PARTY (CP), COMPLAINANT GRIEVANT OR AGGRIEVED PERSON — The person
who charges that he/she has been discriminated against under Department of Justice
nondiscrimination and civil rights regulations and/or guidelines.
DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the
effect of an action, policy or practice which selects an individual or class of persons to receive
unequal treatment.
ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees,
and parolees and other individuals authorized by the Attorney General to work in the United States.
EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended,
including state and local governments and any Federal agency subjects to the provisions of Section
717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by
executive Order 11246, as amended.
GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some
equitable or legal right, or causes injustice .
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.
20
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 eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post -termination
services) funded under the Act, following intake, except for an individual who receives only outreach
and/or intake and assessment services.
2s
EXHIBIT H
Digitally signed by Francine R.
Francine R. Villareal Villareal
Date: 2022.02.08 16:45:48-08'00'
ACCORD® CERTIFICATE OF LIABILITY INSURANCE
`l
DATE(MM/DD/YYYY)
1 2/3/2022
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 have ADDITIONAL INSURED provisions or 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
Gaspar Insurance Services, Inc.
23161 Ventura Blvd, Suite 100
Hills CA 91364
CONTACT
NAME: Marcie Cells
PHONE FAX
A/C No Ext : 818-302-3060 A/C, No):
E-MWoodland
ADDRESS: cservice@gasparinsurance.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: HIScoX Insurance Company Inc.
10200
License#:OG66626
INSURED SAISENT-01
Saisoft Enterprises, Inc. Dba Procareer Academy
11133 1st Avenue
INSURERB: Hartford Casualty Insurance Co
29424
INSURERC:
INSURERD:
Whittier CA 90603
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1441376297 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
MM/DD
POLICY EXP
MM/DD
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
ME02256399.21
7/1/2021
7/1/2022
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 100,000
X
VIED EXP (Any one person)
$ 15,000
1,000
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$ 1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 3,000,000
PRO-
POLICY JECT ❑ LOC
X
PRODUCTS - COMP/OP AGG
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$
OTHER:
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LIABILITY
COMBINED SINGLE LIMIT
Ea accident
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ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
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Per accident
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HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLALIAB
OCCUR
EACH OCCURRENCE
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AGGREGATE
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CLAIMS -MADE
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72WECAC9HZZ
3/1/2022
3/1/2023
X PER OTH-
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ANYPROPRIETOR/PARTNER/EXECUTIVE
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N/A
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
ProfessionalLiability
ME02256399.21
7/1/2021
7/1/2022
Ea Claim Aggregate
1Million/3Million
A
Sexual Abuse/Misconduct
ME02256399.21
7/1/2021
7/1/2022
Aggregate
300,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising
out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or
operations. Please refer to the attached endorsements.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,
NOTICE WILL
BE DELIVERED IN
City of Santa Ana
ACCORDANCE WITH THE POLICY PROVISIONS.
Risk Management Division
20 Civic Center Plaza
Santa Ana CA 92702
AUTHORIZED REPRESENTATIVE
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ACORD 25 (2016103)
The ACORD name and logo are registered marks of ACORD
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1, the bodily injury or property damage occurs during the policy period;
2. the bodily injury or property damage is caused by an occurrence that takes place in the
coverage territory; and
I you have paid the applicable retention stated in the Declarations,
We will have the right and duty to defend any claim seeking such damages, as set out in Section
11. Defense and supplementary payments. We may, at our discretion, investigate any occurrence
and settle any claim that may result.
B. Personal and advertising We will pay u p to the Personal and Advertisii ng I njury U mit stated in the Declarations, for damages
injury you become legally obligated to pay because of personal and advertising injury to which this
Coverage Part applies, provlded�
1, the personal and advertising injury is caused by an offense arising out of your business
operations;
2. the personal and advertising injury is caused by an offense committed in the coverage
territory during the policy period; and
I you have paid the applicable retention stated in the Declarations,
We will have the right and duty to defend any claim seeking such damages,, as set out in Section
11, Defense and supplementary payments. We may, at our discretion, investigate any offense and
settle any claim that may result.
C. Medical payments Regardless of fault, we will pay up to the Medical Payments limit stated in the Declarations for
medical expenses incurred by each person for bodily injury caused by an accident to which
this Coverage Part applies, provided:
1 the accident takes place within the coverage territory and on premises rented to or owned
by you or in connection with your business, operations;
2,, the accident occurs during the policy period;
3, the expenses are incurred and reported to us within one year of the date of the accident;
and
4. the person who sustained such bodily injury submits to examination, at our expense, by
physicians of our choice as, often as we reasonably require.
11. Defense and
supplementary
payments
A. Claims against you With respect to any claim against you that we investigate, defend, or settle, we will pay:
1, claim expenses we incur with counsel of our choice to defend you„
2. up to $2,500 for the 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 coverage described in
Section 1. What is covered, A, Bodily injury and property damage, applies„ but we will have
no obligation to apply for or furnish any such bonds„
3, the cost of bonds to release attachments, but only for bond amounts within the applicable
limit, We will have no obligation to apply for or furnish any such bonds;
4reasonable expenses incurred by you at our request to assist us in the investigation or
defense of such claim, including actual loss of earnings up to $1
off from work�
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HISCOX PRCJ" General Liability C�overage Part (Occurrenco�
5. court costs taxed against you in the claim,: however, costs do not include attorney fees or
expenses;
6, prejudgment interest awarded against you on that part of any judgment we pay. If we make
an offer to pay the applicable limit, we will not pay any prejudgment interest based on the
period of time after the offer" and
7i nterest on the f ull amou nt of a ny judgment that accrues after entry of the judgment and
before we have paid, off ered to pay, or deposited i n cou rt the pa rt of the j udgment that is
within the applicable limit,
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indemnitee will also defend Such indemnitee if all of the following conditions are met:
1
the claim against the indemnitee seeks damages for which you have assumed the
indemnitee's liability in an insured contract,
2,
you have assumed the obligation to defend or pay for the defense of the indemnitee in the
same insured contract;
3.
this Coverage Part would apply to the liability you have assumed if the claim against the
indemnitee had been made against you;
4,
the allegations in the claim and the information we know about the occurrence are such
that no conflict of interest appears to exist between your interests and your Inclemnitee's
interests.;
5,
you and your indemnitee request that we conduct and control the defense of such
indemnitee and agree we can assign the same counsel to defend both you and your
indemnitee; and
S.
your ideminitee agrees in writing to:
a, follow the requirements of Section 111, Your obligations to us, B. Your duty to
cooperate, of the General Terms and Condition%
b. notify any other insurer whose coverage may be available to the indemnitee and
cooperate with us with respect to coordinating any other insurance applicable to the
indemnitee; and
C authorize us to conduct and control the defense of the indemnitee.
Our obligation to make any payments under this Section 11 ends when we have used up the coverage part limit.
No retention will apply to amounts we pay under this Section 11, and such payments will be in addition to, and not part of, the
coverage part limit,
Ill. Who is an
In addition to the named insured, other persons or organizations may qualify as insureds, as
insured
stated below. For purposes of this Section Ill only, you means the named insured,
A. Sole proprietorships
If you are an individual, you and your spouse are insureds, but only with respect to the conduct
of a business of which you are the sole owner. However, if you die:
1 persons or organizations having proper temporary custody of your property are insureds,
but only with respect to the maintenance or use of such property and only for acts until your
legal representative has been appointed; and
2, your legal representative is an insured, but only with respect to his or her duties as your
legal representatives. As such, they will assume your legal rights and duties under this
Coverage Part.
B, Partnerships or joint
If you are a duly organized partnership (including a limited liability partnership) or a joint venture,
ventures
your members, partners, and their spouses are Insureds, but only with respect to the conduct of
your business.
Includes copyrighted material of Insurance
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CLimited liability If you are a duly organized limited liability company, your members and their spouses are
companies insureds, but only with respect to the conduct of your business. Your managers are also
insureds, but only with respect to their duties as your managers.
D: Other organizations If you are an organization (including a professional corporation) other than a partnership, joint
venture, or limited liability company, your directors and officers are insureds, but only with
respect to their duties as your directors or officers, Your stockholders and their spouses are also
insureds, but only with respect to their liability as your stockholders.
E . Trusts If you are a trust, your trustees are insureds, but only with respect to their duties as your
trustees.
F. Employees
Your employees are insureds, but only while in the course and scope of their employment by
you or while performing duties related to the conduct of your business,
G, Volunteer workers
Your volunteer workers are insureds, but only while in the course and scope of their activities
related to the conduct of your business performed on your behalf or at your direction.
H. Real estate managers
Persons (other than your employees) or organizations acting as your real estate managers are
i nsu reds, but only with respect to their duties as your real estate managers.
I Amateur athletic
Any person representing you while participating in an amateur athletic activity you sponsor is an
participants
insured. However, no such person is an insured for:
1. bodily injury to:
a. a co -part cl pa nt, your employee, or your volunteer worker while also participating in
the amateur athletic activity you sponsor', or
b, you or any of your partners, members, or officers„ or
C. property damage to property owned, occupied, or used by; rented to; or in the care,
custody, or control of:
a. a co -participant in the amateur athletic activity you sponsor, your employee, or your
volunteer worker� or
b, you or any of your partners, members, or officers.
J. Newly acquired or formed
If there is no other similar insurance available, any organization you acquire or form during the
organizations
policy period, and in which you have majority ownership or interest at the time of an occurrence
or offense covered by this Coverage Part, will qualify as an insured. This coverage Is effective on
the date of acquisition or formation and is afforded only until the I 80th day after you acquire or
form the organization, or the end of the policy period, whichever is earlier.
There is no coverage for the acquired or formed organization for:
1. bodily injury or property damage that occurred; or
Z personal or advertising injury arising out of an offense that was committed,
before you acquired or formed the organization,
The acquired or formed organization is an insured only with respect to the conduct of your
business.
K Additional insureds If you have agreed in a written contract or agreement to add them as an additional insured to a
policy providingthe type of coverage afforded by this Coverage Part, the following persons or
organizations are insureds:
1. Any person or organization from whom you lease any premises, but only With respect to
liability arising out of the ownership, maintenance, or use of that part of the premises leased
to you,
However, there is no coverage for such additional insureds for any structural alterations,
new construction, or demolition operations performed by or on behalf of the additional
insured,
Includes copyrighted material of Insurance
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2. Any person or organization for whom you are performing operations, but only with respect to
liability arising out a,f!
a. your acts or omissions or of those acting Mn your behalf6 and
bodily injury, property damage, or personal and advertising injury arising out of
the rendering of or failure to render any professional architectural, engineering, or
iurveying services, including:
1) the preparing, approving, or failing to prepare or approve, maps, shop drawingo-,
opinions, reports, surveys, field orders, change ordersi, drawings, or
specification% or
(2) supervisory, inspection, architectural, or engineering activities; or
b, bodily injury or property damage occurring after:
(1) all work, 'including materials, parts, or equi pment 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 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.
A person or organizaton's status as an additional insured under this subsection 2 ends
when your operations for that additional insured are completed.
4 0 111 1 1" IM
a, bodily injury or property damage for which the vendor is legally obligated to pay
damages because of liability assumed in a contract or agreement; however, this
exclusion will not apply to liability the vendor would have in the absence of such
contract or agreement;
b, any express warranty unauthorized by you;
C. any physical or chemical change in the product made intentionally by the vendor;
d, repackaging, except when unpacked solely for the purpose of inspection,
demonstration, testing, or the substitution of parts under instructions from the
manufacturer, and then repackaged in the original container„
e, any failure to make inspections, adjustments, tests, or servicing the vendor has either
agreed to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the product;
f. demonstration, installation, servicing, or repair operations, except such operations
performed at the vendor's, premises in connection With the sale of the product;
g, products which, after distribution or sale by you, have been labeled or relabeled or
used as a container, part, or ingredient of any other thing by or for the vendor;
h. bodily injury or property damage arising out of the sole negligence of the vendor for
its own acts or omissions or those of its employees or anyone else acting on its behalf;
however, this exclusion will not apply to:
Includes copyrighted material oaf I nsu ra n ce
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(1) repackaging when unpacked solely; for the purpose of inspection, demonstration,
testing, or the substitution of parts under instructions from the manufacturer, and
then repackaged in the original container�
(2) demonstration, installation, servicing, or repair operations Performed at the
vendor's premises in connection with the sale of the product; or
(3) inspections, adjustments, tests, or servicing the vendor has either agreed to
make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of the product.
a, products,,
b, any ingredient or part of any product; or
c, any container containing any products.
4i Any person or organization from whom you lease any equipment, but on y with respect to
liability arising out of your maintenance, operation, or use of such equipment.
A person or orgaNzation's status as an additional insured under this subsection 4 ends
when the equipment lease expires, and this insurance will not apply to any occurrence or
offense which takes Pace after such expiration,
5i Any other person or organization not included in 1 through 4 above, provided the contract or
agreement:
a. is currently in effect or becomes effective during the policy period; and
b, was executed before the bodily injury or property damage occurred or the offense
out of which the personal and advertising injury arises was committed.
or of those acting on your behalf and not for any liability arising out of the sole negligence of the
adQ,iA 4sured.
Notwithsta ndi ng anything to the contrary in the other i nsura nce provisions in the General Terms
and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any
additional insured will be primary and non-contributory, and any other insurance available to the
additional insured for the same claim or occurrence will be specifically excess of the coverage
part limit.
Notwithstanding anything to the contrary in the subrogation provision in the General Terms and
Conditions, we agree to waive any right of recovery we may have against any additional insured
because of payments we make for injury or damage arising out of.
1 . the ownership, maintenance, or use of that part of any premises leased to you;
Z your ongoing operations; or
3, your work done under a contract with the additional insured and included in the products -
completed operations hazard.
The limits of liability applicable to any additional insured are either the amounts, specified in the
contract or agreement requiring them to be added as an additional insured, or the limits identified
in the Declarations, whichever is less, and Such amounts will be a part of, and not in addition to,
the coverage part limit.
IV. Limits of liability The limits stated in the Declarations and the rules below will be the most we will pay regardless of
the number of,
Z claims made or brought" or
I persons or organizations making or bringing claims.
Includes copyrighted material of Insurance
Services Offices, Inc,, with its permission
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WC L P0002 CW (10/ 14)
SANTA ANA
WORKFORCE
INVESTMENT BOARD
MEMORANDUM
Francine Villareal
To: Risk Management Date: February 8, 2022
Sandy Barba
From: Santa Ana WORK Center
Subject: Youth Insurance Not required on School Vendor Contracts
This is to confirm that the youth protection/sexual abuse & molestation $2,000,000
requirement is not required for any of our Adult and Dislocated Workers training
school vendors. They are only serving our adult participants. It was accidentally
left in one of Procareer Academy school agreement copy and they are not
required to have one.
Thank you
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