HomeMy WebLinkAboutCA HISPANIC COMMISS ALCOHOL 1 -2002INSURANCENOT ON FILE
WORK MAY PROCEED
CLERK OF COUNCIL
DATE:
Contract No. A2002-100
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this 3rd day of June ,20 02 , by
and between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the State of California ("CITY") and the California
Hispanic Commission on Alcohol & Drug Abuse, Inc. (CHCADA) ("CONTRACTOR").
W-I-T-N-E-S-S,E-T-H
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under
the Workforce Investment Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to
prepare economically disadvantaged youths for entry into the labor market and to provide job training
to those individuals who are economically disadvantaged or otherwise face serious barriers in obtaining
productive employment. One goal of California's Workforce Investment System is to provide youth
with the opportunities to achieve career goals that will allow them to successfully compete in the labor
market and prepare them for higher education.
D. CONTRACTOR is experienced in operating education, training and
employment programs for economically disadvantaged youths for entry into the labor market ("said
program").
California law.
CONTRACTOR is willing to operate said program pursuant to the Act and
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:
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CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A" and in the Statement of Work (Exhibit B and Exhibit B-l), attached hereto and by this reference
incorporated herein:
Title I - Youth
Out-of-School Youth Program
CONTRACTOR'S failure to provide said services may be grounds for CITY to r~adjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ("participants") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105-220.
C. CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. CONTRACTOR shall provide wages and benefits to individuals who participate
if the activities and services funded by this Agreement ("participants") in accordance with the
standards and requirements of the Act, including Section 181 of the Act.
E. CONTRACTOR shall adhere to the Labor Standards described in the Act
including Section 181 of the Act.
F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under
the WlA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR
§667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under
the Act and the procedures for resolution of any complaints. CITY's procedures for handling
complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall
be followed and any decision of CITY, the State or the federal government relating to the complaint
shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate
a grievance system that incorporates CITY's procedures for resolution of complaints relating to the
terms and conditions of employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188); 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
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those laws, including, but not limited to, 29 CFR part 37. The United States, the State of Califomia
and CITY have the fight to seek judicial enforcement of this assurance.
H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
I. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements.
CONTRACTOR agrees to forward to the WIB Administrative Office, 1000 East Santa
Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act
Enrollment/Registration form (WIA EWIE) within 15 days of enrollment/registration; Workforce
Investment Act Goals (WIA EWlG) within 10 days of active enrollment of trainee; Workforce
Investment Act Exit (WIA EWIT) within 10 days of completion/termination of active enrollment of
trainee; and the Workforce Investment Act Follow-Up Information (WlA EWIF) within 10 days
following 30, 60, and 90 days of placement.
CITY, the State of California and the United States government and/or their
representatives shall have access for purposes of monitoring, auditing and examining of
CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR
subcontractors, bookkeepers and accountants, and employees and participants related to this
Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion.
Monitoring activities may also include, but are not limited to, questioning employees and participants
and entering any premises or onto any site in which any of the services or activities funded hereunder
are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at CONTRACTOR'S office or place of
business for the duration of this Agreement and thereafter for three (3) years after completion of an
audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY,
the State of California or the United States Government take exception, shall be retained beyond the
three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, CONTRACTOR agrees to submit to CITY, the State of Califomia and/or the United States
Government or their representatives, all records requested for administrative purposes, including
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audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on
CITY's Invoice/Voucher form, showing in detail the amount of money expended by CONTRACTOR
hereunder. CONTRACTOR agrees to submit the above-stated document to the WIB Administrative
Office, 1000 East Santa Aha Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of
the month following the month in which CONTRACTOR'S services are performed. Should
CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this
Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall
either return to the CITY excess revenues over costs or use such excess revenues as program income by
utilizing such program income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all appiicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
funds received from CITY, in accordance with the Act and 20 CFR Section 667.200. CONTRACTOR
shall submit one original of each required audit report to CITY within (30) days after the date received
by CONTRACTOR. Should CONTRACTOR fail to comply with these requirements, CITY may at its
option withhold payment of funds, or disallow funds or suspend additional grant funds.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide
services to any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Government",
Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and
executive orders and their implementing regulations, including regulations at 29 CFR Part 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to
performing any of its obligations under this Agreement and prior to any obligation arising on the part
of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
Q. CONTRACTOR agrees to provide a drug-free work place and to execute a
certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
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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 enfomement, including, but
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all .new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed One Hundred Forty One Thousand
and no/100 Dollars ($141,000.00) for CONTRACTOR'S performance in accordance with the payment
schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid
after CITY receives invoices submitted by CONTRACTOR as provided hereinabove.
B. CITY agrees to provide for on-site monitoring reviews of said program
operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will
be conducted.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on Max/7, 2002 and all duties arising under this
Agreement shall have been performed by June 30, 2003 . The term of this Agreement may be
extended by a writing executed by the Executive Director of the Community Development Agency and
the City Attorney.
IV.
INDEPENDENT CONTRACTOR
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.
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WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any
other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer,
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all applicable
federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit
G) and general program requirements described in Sections 106 and 141 of the Act (29 USC Sections
1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said
applicable laws are hereby incorporated by reference and made as part of this Agreement as though
fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR shall comply with Title VII of the Civil Rights Act of
1964 (P.L. 83-354) and in accordance with Title VI/of the Act, no person shall, on the grounds of race,
color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this Agreement.
2. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
3. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
4. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the WlB 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 ofthis Agreement.
5. No person with responsibilities in the operation of any program under the
Act shall discriminate with respect to any program participant or any application for participation in
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
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6. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
7. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit H" and incorporated herein.
8. EQUAL OPPORTLrNITY. 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 Aha and the Santa Ana
Workforce Investment Board, and shall state that the program is an "equal opportunity
employer/program" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
9. 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.
10. 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.
11. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
12. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure If any project produces patentable items, patent rights, processes, or
inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the
CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report
the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the
DOL and its representative on these matters, the DOL shall determine whether to seek protection on
the invention or discovery. The DOL and its representative shall determine how the rights
in the invention or discovery, including rights under any patent issued thereon, will be allocated and
administered in order to protect the public interest consistent with the "Governmental Patent Policy"
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(President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971,
and Statement of Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-able
material is developed in the course of or under a DOL Grant or agreement, the author and the CITY
which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workfome Investment Board (WIB) shall have a royalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, for Federal Govemment purposes: (a) The
copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b)
Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with
grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34.
C. Rights to Data
The DOL and the CITY shall have unlimited rights to any data first procured or delivered
under this Agreement.
13. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds
$100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)];
Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental
Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter
amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of
Violating Facilities;
(e) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
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2. F. mnloyment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two years following the termination of such employment.
3. Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involving Close personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WlB), a
permanent record of the transaction will be retained.
5. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non-voting member ofa WIB, will solicit or
accept money or any other consideration from a third person, for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased
with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No
voting member of the WIB will cast a vote on the provision of services or vote on any matter which
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
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 fi'om 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.
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VIII.
INSURANCE
1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of Califomia, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
endorsed to provide to CITY and to the State of California, Employment Development Department, at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
and volunteers, and the State of California, its officers, employees, and volunteers as additional
insureds; and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Governmental entities may substitute a certificate of self-insurance.
2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
agents as self-certification of automobile insurance coverage. Governmental entities may substitute a
certificate of self-insurance.
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or pumhased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self-insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
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IX.
CORPORATE STATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relat~ to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
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
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embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
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.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH - SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant
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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 xvm herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY:
City of Santa Ana
Manager, WIB Administrative Office
1000 Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
telefacmilie (714) 565-2602
and,
CLERK:
Clerk of the City Council
City of Santa gna
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa gna, CA 92702-1988
telefacsimile (714) 647-6956
CONTRACTOR:
and
The California Hispanic Commission on Alcohol & Drag Abuse, Inc
2101 Capitol Ave.
Sacramento, CA 95816
(916) 443-5473
telefacsimile (916) 443-1732
The California Hispanic Commission on Alcohol & Drag Abuse, Inc
1905 N. College
Santa Ana, CA 92706
(714) 479-0120
Page 13 of 15
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attomey's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
Page 14 of 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
CITY OF SANTA ANA, a municipal
corporation of the State of Califomia
ATTEST: "CITY"
~~ ~5 By:
Patricia E. Healy
Clerk of the Council
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Lisa E. Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
John ~?Reekstin,7~'7' Executive Director
Comrhunity Development Agency
The California Hispanic Commission on
Alcohol and Drag Abuse, Inc.
BY:~
Exec~/tive.~Xrector
Fed. ~oe'ID#: 94-2301551
Page 15 of 15
EXHIBIT A
FUERZ~kS UNIDAS:
Providing Comprehensive Services To Out Of School Latino
Youth Throu h the Youth Provider Network
l.O. Executive Summary
Both statewide and in the City of Santa Ana, County of Orange, Latino youth
have the highest rate of dropout, the highest probability of Iow-wage employment, and
the gre~f--arr-encounter-w~inal justice system. While suc~
...~.applicable to all Latino youth, they are pa-h'ticularly des..criptive o~h~us of I..ow-./)~
n ome ,at no youth (a es to ? ho schoo
-- ' I~.uil!.~e Iow-income,~___ ~__---------~t'atin° youth a?~~se youth may be.~cho~Ld~pouts,
'~"~ther-.uaemployed~fi~/or employed at minimum wage or below. Approximately 100
percent of the so.ices offered will be directed toward out-of-school Latino youth who
meet one or more of the eligibility criteria - basic literacy skills-deficient (below 8.0),
school dropout; homeless, runaway, or foster child; pregnant or parenting; offender; has
never held a job; is a court/agency referral; has a core GPA of less than 1.5; has been
suspended five or more times; has been expelled; has a learning/developmental
disability; and/or is monolingual.
The proposed comprehensive six-month program with a 12-month follow-up will
directly address several of the WIA elements - tutorin(~, leadership developme~,
supportive services, adult mentoring, follow-up services, and comprehensive gumance
and counseling, including ATOD counseling. However, a system of active referrals will
be used to link participants with alternative secondary schools services, summer
employment, paid and unpaid work/e~ce, and o~tional s~,sl'~raining.~ a
consequence of the participatio/n/of out-of-scho..~_-a~ino yo/~th ag(~s 19~is
intensive Monday through Sa.tu/rday, 8:00 am ~o'7.'/30 pmJ~/hly structu"'~red program, the
70 percent or more of the youth shall have been placed in unsubsidized employment
with an annual earnings gain of $2,580. Approximately 84 percent of the youth placed
will remain employed for a minimum of six months or more, and approximately 50
CHCADA's Response to RFP# PY2002
Page 6 :
percent of the participants will receive a training certificate from an industry and/or a
recognized provider. The customer satisfaction outcomes will equal 70 percent or higher
for both the youth and their employers. Approximately 60 youth will be served in two
service cycles,
1.1. Main Purpose of the Program
The purpose of Fuetzas Unidas is that of expanding the life opportunities for Iow-
income, out-of-school youth in Santa Ana by simultaneously addressing the numerous
risk factors that can prevent them from forming and maintaining a long-term relationship
with the labor market. Through the use of comprehensive guidance and counseling,
adult mentoring, supportive services, leadership development opportunities, tutoring,
and employment readiness training, La Familia will renorm the youth regarding the labor
market while simultaneously linking the youth to employment training. La Familia will
also link 99 percent of the youth to jobs after the completion of their training.
The accomplishments of the program will be directly measured by the degree to
which each WIA goal is met. More specifically, La Familia's goal is that of ensuring that
70 percent or more of the youth are trained and placed in employment that pays $8.00
or more per hour by their completion of the six-month program, with a one-year follow-
up. However, the adult mentoring component will last for one year. The ratio of adult
interaction to WlA participants for the structured workshops will be one (1) adult to every
15 youth. The mentoring program will have a ratio of two adults to four youth. The WIA
participant will have adult interaction with La Familia's staff at least six times per week.
Interaction with mentors will occur at least twice per month.
!.2. Goals/Objectives and Performance Levels
Figure 1 below provides expanded performance goals for this program. It also
includes process objectives for each of the identified outcomes.
Figure 1: Goals and Objectives
The following employment-related goals and objectives will be achieved:
I Overall Goal: To retain 60 or more Iow-income, out-of-school youth through the entire training program
and place 99% of these youth in jobs that pay $8.00 per hour or higher and/or in a fulltime college
program.
Outcome Objective #I: To recruit, assess, and place 60 unemployed youth over the period of one year.
CHCADA's Response to RFP# PY2002 Page 7
Figure 1: Goals and Objectives
Process Objective 1: Strengthen linkages with the Youth Provider Network by referring the participants
to other partners for services;
Process Objective 2: Create marketing materials about the program and distribute them in areas that
are centers of population for out-of-school Latin# youth;
Process Objective 3: Work closely with parents to recruit the unemployed children into the program;
Process Objective 4: Refer approximately 90% of unemployed parents of the youth to other training
programs; and
Process Objective 5: Ensure that approximately 200 youth are recruited in order to retain 60 eligible
youth.
Outcome Objective 02: Place approximately 80% of youth who complete the program into jobs that pay
$8.00 per hour or more.
~- Process Objective 1: Utilize a full-time job development counselor to create a continuous flow of work
opportunities 100% of the time;
~- Process Objective 2: Add at least ten employers as secondary partners in this effort; and
Y Process Objective 3: Market and educate at least 50 new employers in order to increase their
receptivity to hiring young, inexperienced, iow-income youth.
Outcome Objective #3: Ensure that at least 80% of youth placed retain their jobs for six months or more.
% Process Objective 1: Provide job retention counseling to 100% of the youth placed in jobs; and
~- Process Objective 2: Assist 90% or more of the youth to enroll in educational programs and work-
related courses.
Outcome Objective #4: Approximately 30% of the youth will experience a wage gain of 60% or more from
program beginning to program completion.
~' Process Objective 1: Approximately 30% of the negotiated wages will include performance-related
increases; and
~' Process Objective 2: Approximately 90% of the youth will be trained to deliver high performance
services so that the probability of wage gain is elevated.
Outcome Objective #5: Approximately 70% of youth who did not graduate from high school will be enrolled
~in a GED program.
Outcome Objective 06: Approximately 30% of youth with a high school diploma will enroll in a program o~
higher education.
As mentioned, approximately 60 youth will be served per year through this
program. The specific WIA program elements that La Familia will offer have been
summarized in Figure 2 below.
Figure 2: WIA Program Elements that La Familia Will Offer
· Comprehensive Guidance and Counseling - All participants will complete an intensive assessment of
psychological and social functioning. Based upon this assessment, each youth will be provided general
counseling, life work counseling, occupational counseling, and, as required, mental health and/or
substance abuse counseling.
· Adult Mentoring - The risks that characterize the participants in this program will be many. Some of the
target group will already be parents. Others may engage in at-risk sexual behaviors while still others may
be members of gangs. One strategy that simultaneously reduces risk in multiple areas is mentoring.
However, CHCADA will apply a unique small group reentering model that consists of one adult male and
one adult female and four out-of-school youth. This extended family model is highly effective with
CHCADA's Response to RFP# PY2002 Page 8
Figure 2: WIA Program Elements that La Familia Will Offer
Latinos.
· Leadership Development Opportunities - The youth will participate in a common community
subprogram as a part of the leadership development component. In addition to the inclusion of
leadership skills in the workshops that will be offered, CHCADA will also utilize youth as part of our
outreach team and as part of the prevention teams in other Orange County programs.
· Tutoring - Lileracy and mathematics skills are critical to our target group. Similar differentials exist in
terms of mathematics skills. Thus, one of the workshops offered will involve tutorials in literacy and
mathematics. The parents of the youth will also be referred to the adult literacy programs offered by
other providers.
· Supportive Services - CHCADA will provide a broad range of supportive services so that each youth's
chance of programmatic success is enhanced. Child care, transportation, health care referrals end
support in other basic need areas will be made available through the services of a ful[time c~se
manager.
· Follow-up Services - An intensive follow-up program will be offered after the completion of the initial six
months. The Phase I follow-up period will include weekly attendance at group meetings where day-to-
day job occurrences can be discussed. At the end of the first six-month period, monthly sessions will be
held. The follow-up will also include weekly telephone interviews with employers for the first month and
monthly follow-up with employer for the next six months.
· Work Readiness Activities - Every activity offered will be focused upon the development of work
readiness skills.
· Referrals to Other Network Providers and One-Stops for Job Training - Both in Santa Ana and
nationwide, One-Stops tend to be under-subscribed. A critical service that will be provided is that of
bringing the youth into a relationship with the short-term job training programs and apprenticeships
available through One-Stops.
· Job Development and Placement - A primary service that will be offered is the identification of
employers who will participate in this program. A fulltime Job Developer will offer these services.
While all youth will participate in the core services offered given the intensity of
need among Iow*income, Latino, out-of-school youth in this age group, services will be
customized to meet the unique needs of each youth. In order to address individual
needs, an intensive screening and assessment will take place. The tools listed in Figure
3 below will be used.
Figure 3: Assessment Areas
Screening for Substance Use and General Functioning
· Youth Addiction Severity Index
Screening for Literacy and Math Skills
*[,~enlal Health Screening
Occupational Interests
CHCADA's Response to RFP# PY2002 Page 9
Occupational Skills
· Skillcheck
Other
Figure 3: Assessment Areas
~Arrdntensive~l:~agr~of recruitment will take place. ~nqage in_
extensive outreach activities.~ Currently, outreach services are ~~hrough three
strateg~ic----appr°~°ur contracts with local institutions
including
juvenile
courts,
probation departments, church youth groups, and family preservation projects serve as
a primary source of youth clients. Second, we use trained youth outreach workers to
introduce the services to the community, stimulate their interest, and encourage
individuals in need of our services to participate. Third, we encourage walk-ins by
directing our outreach workers to distribute carefully designed printed materials at
shopping malls, parks, recreational areas, and other places where youth tend to
congregate. Brochures, posters, and buttons will also disseminated at these locations.
Because our selected outreach workers are intimately familiar with the demographics of
the targeted community, the existing agencies that serve youth, and the social world of
the community, CHCADA's outreach workers are in an optimal position to conduct
grassroots outreach efforts for this program as well. While we utilize print materials and
mailings to youth-based organizations, our outreach workers also schedule
appointments directly with school officials, heads of youth service CBOs, etc. and utilize
person-to-person and group sessions to arrange referrals to our programs. According to
several reports, these measures are among the most effective methods of delivering
outreach services to the community youth.~
> Direct Mailings - CHCADA has a database of other service providers, faith
institutions, schools, and other community organizations. We will send out
direct mailings to these organizations.
> Special Print Materials - Special print materials will be designed to inform
the youth and their parents/guardians about the program. We will also make
these materials available to schools, youth programs, and other providers
who serve youth.
Friedman, Alfred S. ct al., 1985, op.cit.
CHCADA's Response to RFP# PY2002
Page 10
Figure 4 below summarized specific strategies that will be included as part of the
generalized outreach effort.
Figure 4: Outreach Strate~iies
DIRECT OUTREACH WILL INCLUDE:
Visits to parks, laundromats, markets, mini-malls, street comers and other places frequented by youth in the
targeted service areas;
Literature produced in English and Spanish will be distributed to families informing them about our services
and/or inviting them to participate in informal focus groups about their lifestyles; and
During visits to our sites, youth and adults will gather for group discussions and workshops that offer an
opportunity for "word-of-mouth: outreach about our program.
OUR COMPREHENSIVE OUTREACH CAMPAIGN WILL CONSIST OF:
Marketing to youth in the County of Orange - We will develop colorful flyers informing youth of the
services provided by CHCADA. These flyers will be sent home with youth from the schools in the area;
Marketing to adults and parents in order to excite an interest among the potential participants about
the numerous activities - In order to accomplish this task, the Project Director may arrange to speak at
convocations. Whenever possible, a "celebrity" artist, i.e., actor, musician, dancer, visual artist, etc. will
accompany the Project Director; and
Marketing to youth and their families in the community in order to ensure participation - Public
service announcements, telephone outreach to parents, and print media are used to accomplish this
marketing objective.
OUTREACH SUPPORT PROVIDED BY COMMUNITY-BASED ORGANIZATIONS (CBO) AND OTHER LOCAL INSTITUTIONS WILL
iNCLUDE:
· Low-income housing-related CBOs, which oftentimes serve as unofficial hubs for other groups;
· CBOs operating programs that bring them in direct contact with youth will be contacted to determine their
willingness to post flyers, placards, and/or distribute materials about our efforts; and
· Faith institutions that may allow some of their members to serve as volunteers and participants in outreach
efforts.
Through the above plan, a successful outreach effort will be sustained and
strengthened. Additionally, the described activities will begin to generate a word-of-
mouth discussion about the services that will be available through this program.
However, CHCADA expects this aspect of the campaign to generate a Iow "yield"
relative to youth who call and/or apply at a site for services. In this regard, CHCADA will
launch a specialized campaign that will be designed to be highly effective in meeting the
needs of youth who have never before received our services. This outreach strategy will
consist of several components.
Outreach to Social Services and Other Public Agencies - CHCADA currently
conducts outreach to Social Services and other public agencies. CHCADA's outreach staff will
meet with key personnel from these agencies in order to increase the number of ybuth referrals to
our program.
CHCADA's Response to RFP# PY2002 Page
Outreach to Substance Abuse and Mental Health Treatment Programs -CHCADA
will develop a brochure, posters and fliers, a database of substance abuse treatment and mental
health programs in the targeted areas and conduct an intensive mail and e-mail outreach campaign
to these programs.
Through the above component, CHCADA's outreach goals will be met.
The services that will be offered will meet WIA performance standards by
providing the level of direction of psychosocial support that out-of-school youth need to
reach the "breakthrough" point that will allow them to alter the course of their lives.
CHCADA will, through the services offered, provide a platform that is facilitative to goal
achievement.
The entire program will be highly ritualized. Youth accepted into each class of 30
will participate in a formal ceremony at which they sign a Pledge to alter the course of
their lives. At the completion of the first six months and at least six months of the one-
year follow-up period, youth will formally graduate and receive a certificate of
completion. They will also receive certificates from the training programs to which they
are referred.
C,~¢,t~'~r~us improvement will be assured through several processes. The Project
Director will meet weekly with the counselors to determine the status of their work,
problems encountered, solutions to any issues, and anticipated work schedules for the
coming week. A general overview of future requirements will also be discussed. The
goals of these reviews will be to ensure that performance standards are achieved,
ensure that. the client and employer satisfaction is high, to inform the Project Director of
the overall task status, and provide a problem-solving forum. There will be a standard
agenda that covers all key areas. CHCADA will also conduct a quarterly internal
program review with the program staff. This review will involve the Project Director
preparing a project overview briefing for senior management. Key personnel will also be
invited to participate. The Project Director will prepare a program review, highlighting
current and future work efforts, staffing, technical issues, near and long-term events. A
major component of these quarterly reviews will be to perform a total quality assurance
assessment of the program. CHCADA's Senior Management will develop
recommendations for improving the overall quality and efficiency of the project. A free
exchange of ideas and constructive evaluation by all team members will be encouraged.
CHCADA's Response to RFP# PY2002 Page 12
CHCADA has found that these periodic reviews build trust and a cooperative spirit
among all personnel and can ensure efficiency and avoid duplicative effort. All
evaluative research and input on each client will be kept in their files.
!.3. Program Description
The schedule of services that CHCADA will offer to the youth as a part of the
Youth Service Provider Network will be designed to synergistically address the
interactive needs of the participants. Thus, while each of the WIA elements identified
have been included, they have been integrated into a holistic program that can, over a
period of six months, address the full range of factors that serve as barriers to Iow-
income, Latino out-of-school youth obtaining and maintaining employment that pays a
"living wage."
Utilizing best practices from a range of fields, CHCADA has designed a program
that is inclusive of services to address risk factors that directly and/or indirectly affect
the levels of out-of-school youth. For example, the design of the program includes
counseling support in order to strengthen the youth's resilience in key areas. Likewise,
becausec_~ned o~ relationships often correspond with dysfunctional
behavior, the program also include~s trainings for the youth's parents.
Because the level of stress experienced~by the youth and subs~quently,~
vulnerability to socially dysfunctional behavior, can be reduced by addressing material.
needs, case management support and referral services are mandatory under this
programmatic design.
Given the criticality of investment in human capital in the youth's ability to
achieve economic independence, services that strengthen the youth's linkages to WIA
training and/or traditional education are required. Given the positive outcomes that
have occurred with at-risk youth through the application of one-on-one mentoring, this
program design also includes mandatory mentoring as a mechanism for extending the
support systems available to the youth. In order to diminish the involvement and/or
reinvolvement of youth in the alternative and illegal economic system, the program
design also mandates the provision of job preparation, career planning, and job
retention skills both directly or through referrals to other providers in the youth network.
CHCADA's Response to RFP~ PY2002 Page
Given an emerging body of research that documents the effectiveness of faith-based
social interventions, the program design also provides faith activities as an option to
participating youth and their families. Because some participants will have unique needs
that are associated with their foster care status, special services must be made
available to assist these youth in transitioning from a camp into independent living.
Finally, frequent meetings with parents will be provided as a follow-up to the parenting
training. These meetings will reinforce the parents' role and responsibilities to their
youth.
CHCADA's proposed program, Fuetzas Unidas, includes all of the programmatic
components outlined in the RFP application. Additionally, we will integrate into the core
services several new elements based upon our experience in working with out-of-school
youth. All of the above programmatic components have been tested and retested in
CHCADA's other prevention/intervention programs with Iow-income, Latino youth.
Task 1: Designate a Program Manager
Preliminary to the process of service delivery will be the creation of an
organizational structure that will facilitate service delivery. A Project Manager will be a
key component of CHCADA's service delivery mechanisms. This full time CHCADA
employee will perform duties and activities such as those summarized in Figure 5
below.
Figure 5: Duties and Responsibilities of the Project Manager
Under the direction of the Project Director, the Project Manager will:
· Coordinate and schedule all services provided by CHCADA's staff;
· Be physically present at each site when services are being provided;
· Train CHCADA's staff regarding policies, procedures, and regulations at each site;
· Participate in monthly meetings with CHCADA's Project Director; the WIA Youth
Network and other key entities;
· Meet with Youth Provider Network members on an as-needed basis;
· Remain informed regarding all youth in the program;
· Intake other youth in collaboration with other Network members;
· Observe youth and make case notes based upon the observational data as part of
the assessment process;
CHCADA's Response to RFF~ PY2002 Page 14
· Provide input to CHCADA's service team regarding the service mix and intensity of
services required by each youth;
· Make logistical arrangements associated with the provision of services to youth by
other Network members, i.e., transportation, service location, etc.;
· Maintain inventories of materials and items needed for service delivery;
· Serve as a counselor; and
· Complete other duties as requested by CHCADA's Project Director, WIA, and/or the
youth and his/her family.
The Project Manager for this position will be Ms. Maureen K. Amaya. The Project
Manager's qualifications include each item listed in Figure 6 below.
Figure 6: Required Qualifications of Project Manager
· :. An Associate's Degree in a Social Services area;
· :- Two or more years in a youth program;
· :. One or more years of experience with at-risk youth;
· :- Two or more years of experience as a youth counselor;
· :. Bilingual/Bicultural in English and Spanish; and
· :. Skilled in the use of Microsoft EXCEL and/or another data mana~lement program.
Task 2: Aid in the Collection, Maintenance, Storage, Retrieval, and Reporting
of Applicable Data to WIA
With the support of the entire counseling team, the Project Manager will also
assume another important duty - that of serving as Data Management Coordinator for
all participants who receive the WIA ten core services from CHCADA and/or other
Youth Network members. In the role of Data Management Coordinator, the Project
Manager will perform all duties and responsibilities listed in Figure 7 below.
Figure 7: Data Management Duties of the Project Manager
The Project Manager will also:
· Ensure that CHCADA reserves copies of all files for all youth admitted to the program;
· Complete all CHCADA Intake Forms for the participants and enter these into the juveniles'
files;
· Create document control numbers for each file and related alphanumerical coded control
numbers for each document in each file;
· Inventory youth files monthly to ensure completeness;
· Maintain logs of all CHCADA staff visits service contacts;
CHCADA's Response to RFP# PY2002 Page 15
· Create a record of all files and their documents in a Microsoft Access database and upload
softcopy with attachments to CHCADA's file repository for the youth;
· Recall and/or verify all outstanding hard copy files;
· Maintain hard copy files for the participants arranged in alphanumeric sequence at
CHCADA's administrative site for the program;
· Eliminate or avoid duplicate control numbers;
· Perform periodic audits to ensure the accuracy of each file relative to the softcopy repository;
· Maintain distribution logs for all records retrieved;
· Handle, store, protect and control documentation throughout the life cycle of the program;
and
· Other duties as assigned by the Project Director.
Task 3: Collaborate With Youth Provider Network
In addition to managing the files of participants, the Project Manager will maintain
data on the number of participants, entry and exit date from the program, services
received, problems encountered, problem resolution strategies, and on other areas.
CHCADA will utilize data collection forms required by the Youth Provider Network
and/or customized instruments designed by CHCADA.
Task 4: Establish a Process that Ensures the Timely Submission of Case and
Activity/Service Data from other Network Providers
All internal CHCADA service providers will provide weekly data on the services
and service units provided as a prerequisite to the receipt of paychecks. Services
provided by other Network members will also be closely tracked. CHCADA's
Counselor/Case Manager, with the support of the other staff, will schedule all service
appointments. These appointments will be logged. We will then call the provider to
confirm that the participant and/or his/her family kept the appointment. This information
will be entered into a Service Data Form. Additionally, CHCADA will give multiple copies
of the Service Data Form to all Network providers to whom the youth will be regularly
referred. The form will be faxed to CHCADA's office each time youth and/or their family
receive services.
CHCADA's Response to RFP# PY2002 Page 16 :
Task 5: Provide an Approved Monthly Report to the County that Describes
and Summarizes CHCADA's Activities
If the Youth Network provides an MIS form that will be used across service
providers on this contract, CHCADA will comply with its use. If not, CHCADA will create
an automated Activity Report for submission monthly with a brief narrative. The report
will include all information listed in Figure 8 below.
Figure 8: CHCADA's Monthly Report
The monthly reports will cover all areas listed below:
· Number of youth served;
· Type and number of units of service provided to youth;
· Type and number of units of service provided to the parents;
· Case Management and referral activities completed on behalf of the youth;
· Problems encountered and how resolved; and
· Other data.
Task 6: Implement Program
As the service provider for this program, CHCADA will offer primary' group
counseling, mentoring, tutoring, leadership development, support services, follow-up
services, employment readiness support, and other services from our La Familia
program in Orange County.
Figure 9: Key Characteristics of the Proposed Program
GENERAL CHARACTERISTICS:
· CHCADA will schedule at least 300 minute-per-day for the youth to participate in a training
program through the Youth Network and/or an educational program;
· CHCADA will utilize unique pedagogics that nevertheless reflect the program's employment
focus. For example, for some youth we may use an arts and drama focus, i.e., the youth may
be asked to stage a psychodrama that highlights how to avoid gang involvement and/or
prepare posters and artwork that reveals positive aspects of their family relationships.
Likewise, youth may be asked to write a short story about the dangers of gang involvement.
CHCADA will meet the counseling and leadership development requirements by
providing two-hour group sessions/mini courses each day on key topics. Each group
session/mini course will have no more than 15 participants. CHCADA's curriculum for
the program will include thirteen (13) courses - ten (10) core courses and three (3)
specialized courses that will have relevance for the selected youth. Figure 10 below lists
the group counseling/mini courses that will be offered.
CHCADA's Response to RFP/t PY2002 Page 17
Figure 10: Program Requirements -Group Counseling SessionsfMini Courses
THE 10 GROUP COUNSELING ~ESSIONS/MINI COURSES ARE:
· Fuerzas Unidas: A Program Overview
· That Thing Called School: School Readiness and Vocational Needs
· Interpersonal Skills: Improving Family Skills
~ Session for Youth (1 Hour)
9 Session for Youth and Their Parents (1 Hour)
· Uncovering My History, Uncovering Myself'. Heritage, Cultural Diversity and Conflict
Resolution
· Saying NO! to Gangs: Avoiding Gang Involvement
· Constructing a Behavioral Guidance System: Developing Needed Life Skills
· 1 Need a Job!: Analyzing Your Marketing Offering and Job Preparation
· Anger Management: Being Violence-Free
· The Ball is in MY Court - And it's Going to Stay There!: Being Substance-Free
· Your Personal Growth Plan
SPECIALIZED GROUP COUNSELING SESSIONS/MINI COURSES
· Parenting Skills for Teen Parents
· The Meaning and Responsibility of Emancipation: Transitioning to Foster Care or
Emancipation
· Am I A Woman? Gender Specific Issues For Girls
· To Be A Man: Gender Specific Issues For Boys
In order to provide the above sessions/courses, CHCADA will utilize the site
support listed in Figure 11 below.
Figure l 1: CHCADA's Site Requirements
CHCADA's site requirements will include:
· Use of a space that can comfortably seat the 15 youth and which is small enough to promote
dialogic sharing;
· Available'audio/visual equipment for the films and videos;
· Space for meeting with the youth for additional discussions and session follow-up;
· Chalkboards;
· Access to computers; and
Other equipment and materials.
In addition to the provision of service at La Familia, CHCADA will also offer
community-based services to youth and their families at other community sites. The
services that CHCADA will provide at these sites are listed in Figure 12 below.
Figure 12: Other Services to be Provided at La Familia and/or Other Community Sites
· Active Case Management in enrolling each participant into a community school and/or
vocational program within 24 hours of their intake into the program;
CHCADA's Response to RFP# PY2002 Page 18
Figure 12: Other Services to be Provided at La Familia and/or Other Community Sites
· Monitoring school/vocational program attendance on a daily basis during the first four weeks
after enrollment, bi-weekly during month two and weekly during month three;
· Identifying academic tutoring as requested to address academic problems;
· Promoting the involvement of the youth in work or play as a means of better integrating them
into the workplace environment;
· Encouraging parents to attend PTA meetings and other school activities;
· Provide continuing career counseling to the youth, including follow-up counseling;
· Providing substance abuse treatment/recovery and/or prevention activities for youth who
require such services;
· Within 48 hours of their intake, actively place youth in health programs, mental health
program, literacy programs, etc., as needed;
· Before and after program completion, actively assist the families of the youth in accessing
other services as needed;
· Within two days of intake, hold an orientation meeting that reiterates areas covered in the
group counseling/mini courses with each youth;
· Identify paired male/female adult mentors, train mentors, pair them with three to four youth,
and hold two half-hour sessions per week per participant beginning within 48 hours of intake;
· Provide job-readiness training onsite at La Familia and through referrals to appropriate One-
Stops;
· Provide job development support directly and through referrals to One-Stops;
· Host collective faith-based activities at least three times over the 120-day program for youth
and families who wish to participate;
· Link youth who wish to participate with faith-based programs in their neighborhoods through
direct contacts with the faith leaders;
· Provide l~adership opportunities for youth;
· Meet with families within the home environment at least four (4) times over the course of the
program;
· Link the families and mentors with low-cost recreation at least once a week; and
· Complete other activities needed to fully engase the youth.
In the next section we describe the methodologies that will be applied in the
delivery of the full range of services offered.
Task 7: Providing Group Workshops/Counseling Services
The California Hispanic Commission on Alcohol and Drug Abuse, Inc. (CHCADA)
currently has tested curriculum and course materials in each of the service areas
CHCADA's Response to RFP~ PY2002 Page 19
outlined in the previous section. Additionally, through our extensive experience with Iow-
income, at-risk youth, we have also developed workshop delivery methods that are
highly effective with our target market. For example, CHCADA's counselors will follow
guidelines such as those in Figure 13 below in delivering the group
counseling/workshop sessions.
Figure 13: Leading Group Counseling Sessions with At-Risk Youth
· Utilize exercises to allow the youth to feel comfortable in the group;
· Introduce an overall framework for the topic before opening the floor to discussion;
· Ask questions during the conceptual overview as part of the engagement process;
· Utilize vivid imagery and hard data in order to fome the youth to consider the costs of
dysfunctional behavior and the importance of labor market participation;
· Do not preach, or pass judgment, etc.;
· Apply directive counseling;
· Listen to the youth;
· Move the discussion along a logical progression in small sequences so that by the end of the
counseling sessions, the workshop's objectives can be achieved; and
· Others.
The above guidelines are illustrative and not exhaustive.
The contents of the group sessions will, as mentioned, cover a broad range of
topics. Each subsection below includes the proposed syllabus for each of the' proposed
workshops.
Core Course #1: The Fuerzas Unidas Program: An Overview
][. COURSE DESCRIPTION
This introductory workshop will serve as an orientation for the youth to the WIA
program. It will define the purpose of the program, goals and objectives, strategies, intake
processes, and the program components.
II. Course Objectives
After completing this session, each participant will be able to:
List four or more benefits that will accrue to themselves and their families from the
receipt of services through Fuerzas Unidas;
4' Review printed materials on Fuerzas Unidas and summarize all services that they and
their parents will receive;
Identify anticipated barriers to their full participation;
Articulate factors that led to theirjoblessness;
Outline their fears and apprehensions regarding their future;
Complete all input and additional assessments for their participation; and
Provide a self-assessment of the support(s) needed.
III. Course Orientation
This first workshop will be highly interactive. The objective of CHCADA's staff will be
that of generating excitement about the program.
CHCADA's Response to RFP# PY2002 Page 20
Core Course #1: The Fuerzas Unidas Program: An Overview
IV. Course Activities
During the first half-hour, the youth will introduce themselves and describe key
circumstances to their lives. The second two hours will be dedicated to Intake and Assessment.
The last hour of the session will consist of a review of all printed materials about the program
and its components. The session will culminate with a signed contract between the youth and
CHCADA's Fuerzas Unidas staff.
Core Course #2: That Thing Called Education - Education Readiness and Vocational Needs
I. COURSE DESCRIPTION
The youth in the program should have spent 30 to 35 of their waking hours each we~k in
an educational institution. This course will be designed to inform the participants regarding the
i specific role that education plays or can play in their lives. These units will be designed to
encourage the youth to examine their interpersonal relationships with their education and to
identify factors in the educational environment that may contribute to their problems. These
sessions will also allow the youth to identify barriers within their environment that serve as
impediments to their efforts to be productive.
II. Course Objectives
After completing this session, each participant will be able to:
4' Compare and contrast the differences in income and earnings of persons by educational
level;
Compare and contrast differences in marriage and divorce rates by educational level;
4' Compare and contrast differences in mortality and morbidity rates by educational level;
Compare and contrast differences in rates of reported happiness and life satisfaction by
educational level;
List other differences in life outcomes by educational level;
Extract from within themselves their "true" feelings about education;
Identify and describe the experience within the educational environment that helped to
shape these feelings;
Describe what the youth feel about their future;
Write a Personal Education Plan that outlines what their educational objectives are and
how these will be achieved.
4' Collect applications and catalogs so that they can begin learning about the application
process; and
4' Begun to disassociate education from their particular experiences at their school.
III. Course Activities
CHCADA will invite a Professor of Labor Economics or a Human Resources Manager to
give a presentation to the participants on the benefits of investing in human capital. The
objective of this activity is that of convincing the youth that independently of what they may
think of school, education is an instrument of change, growth, and improvement. The activities
in this segment must also emphasize that education is even more important to minorities than it is
CHCADA's Response to RFP# PY2002 Page 21
Core Course #2: That Thing Called Education - Education Readiness and Vocational Needs
to the majority population. Thus, we will invite some Latino and other minority speakers who
have excelled in the world of higher education. In order to achieve the described objectives, we
use the questions below to guide the discussion.
Did you like school?
Why or why not?
How prevalent is/was drug use among students at your school?
How prevalent is/was drag trafficking at your school?
_ What percentage of your friends and associates from your school engaged in criminal behavior
according to your best estimation?
Did your teachers seem to truly care about you?
Did the counselors at your school appear to truly care about you?
Did you feel that the school officials favor some groups of students over other groups?
What were your extracurricular activities?
If you have none, why not?
How many of you had an "A" average? A "B" average? A "C" average? A "D" or lower
average?
What coold have helped your academic performance?
Do you feel that the Fuerzas Unidas Program is helpful?
What are your educational goals?
What are your career goals?
How do you plan to achieve them?
What can this program do to help you achieve these goals?
The areas listed above will also be covered with the youth on an individualized basis. CHCADA
will ensure that all participants are always treated like "royalty" so that their already-fragile self-
esteem will be strengthened.
Core Course #3: Interpersonal Skills: Improving Family Skills
Ii COURSE DESCRIPTION
Family interaction is a primary interpersonal relationship. And, indeed, the participant
cannot truly advance his/her individual status without the application of therapeutic assistance to
the whole of his/her family. The individual counseling time slots will be subdivided into
individual family groups and individual sessions. This temporary structure will allow the
counselor to more easily cover a subject that is broad in scope and simultaneously quickly carry
thematic issues from Forum to Family Group to the participant. All family members have
interacted with each other by using poor interpersonal skills from time to time. Parents have not
always been there for their children and children have failed to meet parental expectations.
Siblings have sometimes competed with each other rather than provide much needed support and
understanding. The purpose of this course is that of allowing family members to point out to
each other behaviors that have caused them pain.
II. COURSE OBJECTEVES
After completing this session, each participant will be able to:
· Define family and describe the historic role that the family has played in Latino and other cultures:
· Family as a source of socialization and acculturation;
· Family as a source of companionship;
CHCADA's Response to RFP# PY2002 Page 22
Core Course #3: Interpersonal Skills: Improving Family Skills
· Family as a source of role modeling;
· Family as a source of genetic predisposition;
· Family as a social support system; and
· Family as a source of material and economic support.
· Identify the patterns of social interaction that prevail in the individual's families;
· List the numerous ways in which their criminal behavior has affected the family;
· ldentify specific enabling behavioral patterns that exist in their individual families; and
· List how future social interactions with individual families can be augmented.
III. COURSE ACTIVITIES
Counselors may wish to invite several speakers who cover a large body of research-based
conceptual information about family in general and family in Latino culture in particular. After
the lecture, the Forum will be subdivided into the participants who are in the same
Mentor/Mentee groups and their family members for the initial discussions. These group
sessions will primarily involve reminiscence about happy family times. During the
individualized family treatment sessions, critical family issues will be discussed. These will
place a burden on the counselor to create an emotional, yet fact-based, experience that assists the
re-knitting process and leads to the permanent adoption of cooperation and accommodation
within the family unit.
Core Course #4: Uncovering My History, Uncovering Myself: Heritage, Cultural Diversity and
Conflict Resolution
I. COURSE DESCRIPTION
Youth are sometimes alienated from the labor market in response to numerous forces in
the external environment. This module is designed to begin uncovering the external forces that
adversely affect the participants.
II. Course Objectives
After completing this session, each participant ~vill be able to:
· Describe how their racial/ethnicity affects their self-concept;
· Outline h~w they feel others respond to them because of their ethnic heritage;
· Synthesize any linkages between their criminal behavior and feelings and responses to their
ethnicity;
· List, discuss and summarize the lives often ethnic role models who overcame ethnic barriers
and accomplished their life goals;
· List key facts about the socioeconomic status of various Spanish-speaking subgroups in the
United States; and
· Other social interactions with individual families can be augmented.
III. COURSE Ac'rIVITIES
There is a popular adage that says "One must never criticize another until one has walked
ten steps in the other's moccasins." This course and the corresponding activities are designed to
better understand the rocky road trod and the nature of the moccasins worn by each Fuerzas
I Unidas participant. It is important to use this session to allow the participants to begin
CHCADA's Response to RFP# PY2002 Page 23
Core Course #4: Uncovering My History, Uncovering Myself: Heritage, Cultural Diversity and
Conflict Resolution
articulating their feelings because as they discuss their thoughts with the group, they will gain
insight into themselves and how they perceive themselves as fitting into the broader society.
However, it is important that the counselor not allow a "victim" framework to color the
discussion. Emphasize choices, decision-making, and options as the directed discussion occurs.
Consider using a role-play in which the youth present switch ethnicity so that they can begin to
3erceive themselves through others' eyes
Core Course #5: Saying NO! to Gangs: Avoiding Gang Involvement
I. COURSE DESCRIPTION
For some youth in the program, the primary social support group may be a gang. This
course is designed to support the youth in the process of extricating themselves from their gang
affiliations so that they can enter into the labor market.
II. COURSE OBJECTIVES
After completing this session, each participant will be able to:
r~ Describe the history and growth of"gangs" within the United States;
[] Outline barriers encountered in attempting to separate themselves from their gang
affiliations;
[] Identify other support needed to fully "Say NO to Gangs;" and
[] Assess the costs and benefits of continued affiliation with gangs.
III. COURSE ACTIVITIES
Activities will include a presentation by a member of the criminal justice system who has
specialized expertise with gangs; a group discussion regarding problems associated with leaving
gangs; individual counseling regarding gang affiliations; and a stratcgizing session with the
youth and their family regarding the issues covered.
Core Course #6: Constructing a Behavioral Guidance System: Developing Needed Life Skills
I. COURSE DESCRIPTION
These sessions involve working closely and tediously with the youth to prod them toward
greater progress. This course is designed to introduce the participants to choice behavior and
assist them in constructing their own behavioral guidance system. When one begins discussing a
behavioral guidance system, the issue of decision-making inevitably arises. Resisting
compulsion; remaining distant from friends and peers who continue to use demonstrate criminal
behavior; and changing one's attitudes and behaviors towards friends and family, require that
decisions be made. These units are designed to strengthen the participants' decision-making
skills.
II. COURSE OBJECTIVES
After completing this session, each participant will be able to:
CHCADA's Response to RFP# PY2002 Page 24
Core Course #6: Constructing a Behavioral Guidance System: Developing Needed Life Skills
· Discuss how decision-making relates to a behavioral guidance system;
Define the concept of decision-making;
· Explain why a non-decision is a decision;
· Discuss decision-making through default;
Describe how research can support the decision-making process;
· Compare and contrast high-involvement and low-involvement decision-making; and
· Outline and discuss each step in the decision-making process.
III. COURSE ACTIVITIES
After establishing where decision-making skills fit into the larger program, the counselor
may wish to cover each area in the objectives through a lecture. First, however, hold a guided
discussion about the youth's decision-making process. As the final activity, create some
alternative scenarios that require individual decision-making. Require each participant to go
through each step that they used in order to make the decision.
Core Course #7: INeed a Job!: Analyzing Your Marketing Offering and Job Preparation
A Life Skills Approach to Finding and Keeping a Job
I. COURSE DESCRIPTION
The youth unemployment rate, even under conditions of prosperity, is always double the
rate that prevails amongst adults. Additionally, for Latino and African American youth, the
disparities are even greater. Thus, while an objective of the program is that of increasing
employment among participants who are old enough for employment, Fuerzas Unidas staff are
aware of the fact that such a goal will encounter difficulties. First, the lower-income urban
neighborhoods in which the youth live may hold few opportunities for legitimate employment.
Second, the youth themselves may have adopted behavioral styles that do not reflect those
compatible with the overall labor market workplace culture. Third, the youth may be poorly
equipped for employment relative to saleable skills. Fourth, as numerous economic studies
continue to .document, an employment/wage differential that suggests the operation of
discriminatory practices continues to exist. This unit is designed to teach the youth techniques
that can support them in finding employment in spite of the existence of the described barriers.
II. COURSE OBJECTIVES
After completing this session, each participant will be able to:
[] List at least six (6) factors that can adversely affect their search for part-time employment;
[] Write a "We Can Overcome" Plan to outline how each factor will be addressed;
[] Complete a skills audit in order to identify skills that can be used in a job search;
[] Identify occupational areas that are compatible with their skills;
[] Access employment opportunities through newspapers, employment agencies, word-of-
mouth, and by using web sites;
[] Write a cover letter for his/her application and resume;
[] Complete a job application and/or create a resume;
CHCADA's Response to RFP# PY2002 Page 25 :
Core Course #7: I Need a Job*.: Analyzing Your Marketing Offering and Job Preparation
A Life Skills Approach to Finding and Keeping a Job
[] Role-play a telephone call to a prospective employer;
[] Demonstrate knowledge of how to dress for an interview;
[] Demonstrate interviewing techniques; and
[] Be hired for a part-time job that pays minimum wage or better.
III. COURSE ACTIVITIES
A number of activities will be used to support this course. For example, an employer
from CHCADA's Friends of the Youth will be invited to speak to the youth regarding what
employees look for in an applicant. Additionally, occupational skill-testing will be conducted in
order to discover jobs for which the youth qualify. Youth will also spend time reviewing and
discussing job opportunities identified through the newspapers. The participants will also
complete a newspaper and an electronic search for employment opportunities. Role-playing will
be used to prepare the youth for interviews. Finally, each participant will go on a job interview or
a "mock" interview and share the experience with the group. Youth will also report on their
training programs.
Core Course #8: Being Violent-Free: Anger Management
I. COURSE DESCRIPTION
"Anger" is defined as "an emotional state that varies in intensity from mild irritation to
intense fury and rage." However, it is also a physiological state that can cause blood pressure to
rise and adrenaline flow to heighten. One in five Americans has an anger management problem.
In this course, we will explore the identification of types of anger and anger management
techniques.
II. COURSE OSJECTIVES
The objective of this unit is to identify the signs of the onset of anger. Potentially volatile
situations can be avoided by identification and behavior modification.
IlL COURSE ACTIVITIES
In this unit, participants will learn to identify situations that could lead to angry confrontation.
They will answer questions such as those listed in the figure below to identify when angry
feelings are most likely to occur.
Characteristics of My An~er:
· I was last angry when
· I am always angry when
· I seem to get angry most at
· When I am angry, I
· After I get angry I feel
By answering the above questions, the participant can more easily identify situations in
which they are most likely to become angry. Participants will also be asked to "draw" what they
CHCADA's Response to RFI~ PY2002 Page 26 :
Core Course #8: Being Violent-Free: Anger Management
think anger looks like. Does it have a face? Shape? Specific color? Now that we have identified
the kinds of anger, let us identify the signs of anger. There are many signs that either taken alone
or with each other, can indicate that an angry episode is looming. Some of these signs are listed
below.
Signs of Anger
· Head, stomach and backaches
· Rapid speech
· Screaming and Yelling
· Sarcasm or criticism
· Fantasies of revenge
· Avoidance of others
· Thoughts of drinking or using drugs
· Isolation
· Becoming violent
· Compulsive behavior
· Becoming silent or withdrawn
· Becoming argumentative
While there are a myriad of signs of anger, the signs listed above are the most common
and could well indicate that anger is present or imminent.
Core Course #9: Substance Abuse: The Abyss of Addiction - I am a Drug User, but the Ball
is in My Court
I. COURSE DESCRIPTION
This is the course in which substance abuse counselors literally begin the drug treatment
component in substance abuse programs. Before the youth can begin to "grow" toward recovery,
his/her interpsychic attitudes about chemical use must be extricated. The youth must consciously
and verbally acknowledge that he/she is in an abyss that can/will lead to self-destruction and that
he/she wants to begin ascending from this abyss. This course session should be focused upon the
youth's honestly and openly addressing whether there is a true desire for change.
II. COURSE OBJ£CTIVES
After completing this session, each participant will be able to:
· Openly discuss their drug-using behavior;
· Describe their own use stage;
· Identify factors that correlate with their drug use;
· List the antecedents of a specific incident of drug-using behavior;
· Share how their drug use led to their assignment to the drug court;
· Relate their drug use to their "crimes"
III. COURSE ACTIVITIES
The counselor will utilize directed counseling and facilitation skills to create an intense
period of sharing. The objective of this loosely managed discussion is to allow the youth to
begin to confront and analyze his/her behavior. Youth with dependencies will be referred to
CHCADA's youth substance abuse treatment program.
CHCADA's Response to RFP# PY2002 Page 27
Core Course #10: Your Personal Growth Plan: Developing Intra-personal Skills
I. CouRse: DESCRIPTION
One area of emotional growth that lags in at-risk youth is the area of intra-personal skills.
Unemployed persons often anger quickly. They also exhibit impatience and other traits that
reduce intra-personal effectiveness. This unit is designed to allow the youth to improve his/her
relationship with himself or herself.
II. COURSE OBJECTIVES
After completing this session, each participant will be able to:
o Assess and improve their degree of self-discipline;
o Assess and improve their degree of self-control;
o Engage in regular and continuing self-assessment;
o Adopt and embrace the value of honesty; and
o Elevate their ability to cope with stress.
IIL COURSE ACTIVITIES
This session will consist of all role-plays. Role-plays will be used to allow the youth to
explore their intra-personal skills in each area listed in below.
· SELF-DISCIPLINE - Self-discipline involves the applying of skills to get things done which
need to be done and done in a timely manner. Get the youth to role-play a situation
involving procrastination. Then teach them to write daily TO-DO lists.
SELF-CONTROL - Self-control involves the youth's ability to personally manage different
aspects of his/her life including language, dress, appearance, sexual behavior, and abstinence
from criminal behavior. Self-control also references the youth's ability to display
appropriate behavior in relationships.
· SELF-ASSESSMENT - The youth must learn to introspect, identify their personal feelings in
each situation, and learn to manage them. Self-assessment also involves the youth learning
about their own personal talents and strengths, and verbally recognizing their weaknesses and
mistakes. Only then can the youth define realistic goals and objectives. This unit will allow
the youth to revisit their Asset and Liability plans from the unit on self-esteem and to begin
to engage in self-assessment as a routine component of their lives.
· HONESTY - Honesty is critical. The youth must be trained to be totally and brutally honest
with themselves first and with others second. A workable activity that can be used is a board
game such as Scruples. Coping with stress is so broad that it will be covered in the next unit.
Again, this is a session that will include parents, siblings, and friends so that the youth's
social circle is included.
Task 8: Parenting Skills Development for Parents of the Youth
Independently of family structure, parenting styles that are suppor[ive of the
positive development of youth can be adopted. Dekovic and Janssens (1992) found that
youth who were reared by parents who offer a controlled environment, engage in clear
CHCADA's Response to RFP# PY2002 Page 28 :
communications, provide nurturance, and guide their children into age-appropriate
behavior, have better developmental outcomes than children reared using authoritarian
or permissive parenting styles? Children reared by highly demanding parents who
require instant obedience and utilize severe punishments may rear children with Iow
self-esteem, an absence of confidence, and who are at risk of rebellion? In contrast,
permissive or indifferent parents - parents who are not interested in their children's life,
disproportionately rear children who are impulsive, aggressive, and less than
responsible.4 Such youth also display Iow self-reliance, Iow self-control and Iow
maturity.5 Parents who are characterized by Iow income, migrant status, and other
special characteristics also experience unique child-rearing problems. In this regard,
CHCADA will provide parenting skills training for the parents of youth participating in
Fue/~as Unidas.
The curriculum that will be used for this course is the highly regarded Parenting
Skills Workshop Series.6 Figure 14 below summarize~ some of the topics that will be
covered in this curriculum.
Figure 14: Sample Topics to be Covered in the Parenting Skills Classes
Five Core Skills that are taught through this curriculum are:
Encouragement - Fosters self-esteem and builds trust between parent and child;
Can-Do - A guidance technique that teaches parents to teach children ~vhat types of~
behaviors are acceptable;
Choices - Builds on these skills by encouraging parents and youth to work together to solve
problems and make decisions;
4) Self Control - An anger management skill for adults; and
5) Res~ectine Feelings - An empathy building skill.
These skills become routine through the structured leadership process.
As mentioned, CHCADA has several sites in the targeted service area. The Parenting
Skills Development workshop will include 15 sets of parents and/or guardians per
session. Classes will meet for 1-1/2 hours once per week for 12 weeks. CHCADA will
also provide each administrative service listed in Figure 15 below.
-' Dekovic, M. & Janssens, J., Parents' Child-Rearing Style and Child's Sociometric Status. Developmental
~, 28, pp. 925-932, 1992.
Baumrind, D., Familial Antecedents of Social Competence in Middle Childhood, unpublished manuscript, 1986.
4 Santrock, J. and Yussen, S., Child Development, Dubuque, IA, Wm. C. Brom, 1992.
5 ibid
6 Wilkins, S.E., Robin, E.P, and Porter, N.B, Parenting Skills Workshop Series, Innovations in Community and
Rural Development, Cornell Community and Rural Development Institute, December 1995.
CHCADA's Response to RFP# PY2002 Page 29 :
Figure 15: Administrative Tasks Associated with the Parenting Skills Training.
CHCADA will:
· Case manage the services provided to the youth and coordinate them with those provided to
the parent;
· Assess overall needs of each family after the first parenting workshop and ensure that the
parents receive case management support and referrals;
· Maintain documentation of parental participation in not only the parenting class but in case
management as well;
· Provide to the Network a written assessment not only of the parent's progress in improving
parental skills, but of the overall familial network as a social support to the youth with
recommendations for remediation strategies;
· Provide a "Graduation" ceremony for parents completing the parenting training at which time
parents will receive a copy of the Certificate of Completion;
· Utilize the "graduation" as an opportunity to formally and ceremonially prepare parer~ts to
support their youth; and
· Schedule workshops, work with the Network, counselors, mentors, etc. in preparing parents
to support youth.
Task 9: Provide Mentoring and Other Services
Most youth will complete the program and reenter the precise social-economic
environment that initially served as an incubator for their dysfunctional behavior. Thus,
initiatives that create cognitive change are needed so that the youth, confronted with
choice, will alter the direction of their decision-making and their behavior. The
mentorship program will be designed to achieve such an outcome. However, the youth
and their families will need support in negotiating relationships with the labor market and
other institutions so that needed services can be accessed. Last, the youth will be
monitored and guided along a new behavioral trajectory. In order to facilitate these
outcomes, the services in the subsections below will be provided.
9.1. Provide Services as Developed in Each Youth's Case Plan
CHCADA will complete a comprehensive assessment of the youth's mental,
emotional, social, health, academic, and other needs. Utilizing structured assessment
tools, interviews with the youth's family and schools, observational data gathered by the
counselors, and self-reported information, CHCADA's staff will provide a Case Plan.
This plan will serve as a roadmap to the provision of customized services to the youth.
CHCADA's Project Director, Project Manager, the youth's assigned Counselor, the
youth's Mentor, the Counselor/Case Manager, and the Counselor/Job Developer will
CHCADA's Response to RFP# PY2002 Page 30
hold periodic meetings to review the Case Plan for all youth assigned to Fuerzas
Unidas. While the entire team will support each case, a Counselor will be assigned to
the youth based upon the youth's needs. For example, youth with strong job
development needs will be assigned to the Counselor/Job Developer. Youth with a
multiplicity of case management needs will be assigned to the Counselor/Case
Manager. Youth with pressing mental health needs will be assigned to the Project
Director/Therapist. Because the entire team will provide onsite group counseling
services, CHCADA's continuity requirements will be met. However, all of CHCADA's
counseling team will review the Case Plan and make recommendations regarding the
customization of services to respond to the identified needs. These meetings will be
held once weekly throughout the course of the program. During the initial meeting,
however, appropriate service providers will be discussed and selected based upon the
youth's needs. The counselor will meet each selected service provider and make
arrangements for the youth's inclusion in the selected program of services. Regular
verbal and written feedback will be provided to the counselor regarding the youth.
9.2. Provide Services as Developed in the Case Plan
In spite of the emphasis upon skills rather than education triggered by the
technological revolution, education remains the primary engine and conduit for
economic advancement. Thus, immediately reconnecting the youth to an educational
institution as well as to training will be a primary service that each counselor will
complete. However, CHCADA is also aware of the high incidence of the working poor
that characterizes the families of a number of the youth who will participate in this
program. Observing the experiences of their parents can lead the youth to lose
confidence in the ability of mainstream economic institutions to address their material
needs. Thus, whether enrolling the youth into a community school and/or a vocational
program, the Counselor will meet with each youth on a regular basis. Then, using
occupational projections from the Department of Labor, they will assist the youth in
selecting potential careers in occupational areas that can, even during periods of
economic decline, ultimately provide them with an above-poverty lifestyle.
The Counselor will also go to a school or employer with the youth and make all
arrangements for the youth's enrollment and/or hiring. Through this advanced planning,
CHCADA's Response to RFP# PY2002 Page 31
the youth will, within 24 hours of intake, be enrolled in an appropriately selected
educational institution and/or training program and will begin the pursuit of an
appropriate career.
Because the first day on the job or back in school can be a defining moment for
the youth, the Counselor will schedule a meeting with the youth immediately after the
day has ended. The Counselor, in a one-on-one counseling session, will seek to
determine the youth's affective and experiential responses to the very important first
day. After the meeting with the youth, the Counselor will also hold an in-home meeting
with the youth's family. CHCADA will also, through the youth prevention network,
attempt to identify at least two cross-age mentors so that the youth will not feel awkward
and/or excluded.
CHCADA will also, through volunteers, ensure that each youth has a work
wardrobe that is clean, neat and current so that they will not be subjected to the ridicule
of their peers. CHCADA shall have also held a meeting with each of the youth's
employers to encourage them to adopt a welcoming attitude toward all Fuetzas Unidas
participants.
The Counselor will meet with the youth who become employed at least once
more during the first week of their release. However, contact will be made by phone on
every single day during this period. Contact will also be made with the youth's
employers by phone at least weekly during the 120-day program. However, during the
first two weeks after the youth's entry into the labor market or school, CHCADA will
work diligently to ensure that the participant "catches up" vocationally or academically,
does not "fall behind," and has access to support when problems emerge.
9.3. Support and Assist the Youth's Access to Referral Services
Within seven (7) days of contract award, CHCADA's staff will update its database
of Network providers who offer youth-specific services in the Santa Ana area.
CHCADA's case management referral database will then be used to download youth-
based providers by type of services offered and location. As is always true, CHCADA
does not add new providers to our referral database without completing not only a
review of their written literature, but a site visit as well. Our provider database will allow
us to match youth with the health, mental health, literacy, anger management, gang
CHCADA's Response to RFP# PY2002 Page 32
intervention, and/or other services needed by type of program, geographic area, age,
and culture-based factors. The identification of service providers will begin upon receipt
of the Case Plan. Within 48 hours of the youth's intake, the youth will be "enrolled" in a
training program and/or school.
9.4. Meet Individually with Each Youth to Provide Mentoring, Guidance, and
Advocacy
Whether the mentoring relationship occurs through natural or planned processes,
sustained interactions through youth of all ethnicities and committed adults can create
positive and enduring results.7 Recent data from an evaluation of the nationwide
personal development reentering programs operated by Big Brothers/Big Sisters
document astounding outcomes. Youth who participated in a sustained reentering
relationship were 46 percent less likely to use illicit substances, 53 percent less likely to
have unauthorized absences from school, and 27 percent less likely to consume alcohol
than their similarly-positioned peers who were unmentored. Still another study of the
outcomes associated with mentoring among Big Sisters of Central Indiana indicates that
160 of 200 reentered juvenile offenders did not experience another arrest within the
timeframe of the study.8 Similarly, a study of the Baltimore reentering effort, PROJECT
RAISE, discovered that a continuous and intensive mentoring effort can increase school
attendance and improve grades in English.9 Other studies have found that youth
reentered over a long-term period:
· Experience heightened life goals and expectations;
· Become more interested in completing high school and, in some cases, going to
college;
· Are less prone toward violent behavior;
· Report feelings of increased confidence;
· Demonstrate augmented personal skills;
7 Flaxman, E. and C. Ascher, Mentoring in Action. New York Institute for Urban and Minority Education, Teachers
College, Columbia University, 1997.
~ Flaxman, E., Evaluating Mentoring Programs. New York Institute for Urban and Minority Education, Teachers
College; Columbia University, 1992.
9 McPartland, James M. and Saundra M. Nettles, "Using Community Adults as Advocates on Mentors for At-Risk
Middle School Students. A Two-Year Evaluation of Project Raise," American Journal of Education, 1991, 99(4),
pp.568-86.
CHCADA's Response to RFP# PY2002 Page 33
· Are less likely to engage in early sexual activity and/or to become pregnant; and
· Experience improved human relations skills when interacting with adults as well as
their peers.
Thus, researchers have confirmed what parents and grandparents have instinctively
known: children, youth, and young adults require guidance, emotional and social
support, and general assistance in gaining the life skills needed for survival.
Given the above discussion, it can be seen that the mentoring component is one
of the most important aspects of this program. As mentioned, CHCADA will schedule
the first Counselor/Mentor/Mentee meeting with the youth within 24 hours of intake.
While the minimum number of sessions is two per month mentors will be instructed to
meet with the youth additional hours during the first two weeks after intake since these
are the most critical in the transition process.
9.5. Support and Assist the Youth with Job Preparation, Career Planning, Job
Placement and Job Retention Skills
CHCADA's Counselor/Job Developer and the Counselor/Case Manager will work
together in ensuring that all youth access employment and training through the
appropriately located One-Stops.
9.6. Assist in Creating Linkages to Faith-Based Organizations
CHCADA will, for families interested in faith services, directly introduce the youth
and their families to the faith leaders and ensure that they are welcomed by the
members of each referred institution. We will particularly make referrals to faith-based
institutions that also offer supportive social services including additional family
counseling.
9.7. Assist Foster Youth in Going into the Independent Living and
Emancipation Programs
Foster youth are disproportionately represented among out-of-school youth.
These youth have higher rates of teen pregnancies, a higher prevalence and incidence
of substance abuse, and are generally at greater risk than their colleagues who live with
one or both parents. However, cognizant of such social realities, a range of services
CHCADA's Response to RFP# PY2002 Page 34 :
unique to the needs of this target group is available. CHCADA will include specialized
case management/referral services for these youth.
9.8. Meet with Families in Their Homes to Support Setting Limits, Providing
Adequate Supervision, Etc.
The Parenting Skills workshops offered before release from the camps alone are
insufficient to alter the parenting behavior of the children's parents and/or guardians.
Thus, CHCADA's counselors will meet with the parent of their assigned mentee on a
monthly basis to review progress in altering parenting styles, identify ongoing problems
with the youth and offer input relative to the management of these problems, and to
discuss the overall progress of the youth. As required, at least four (4) in-home
meetings will occur with the parents of each youth. As previously mentioned, CHCADA
will also schedule four (4) group sessions with the younger and older siblings of the
youth.
Finally, CHCADA's staff will maintain attendance books/sign-in sheets on all of
the above activities. Copies of these documents will be forwarded to the Network. At the
conclusion of the program, a narrative report will be forwarded to the County of Orange
that documents the youth and his/her family's participation in all required and non-
required programmatic components, assesses the youth's progress relative to the Case
Plan, and makes recommendations regarding additional interventions. Again, at the end
of the program, a formal graduation ceremony will be scheduled and Certificates of
Completion/Attendance will be awarded.
1.4. Staffing Plan
CHCADA has designed a highly efficient staffing plan to support this contract.
This plan is summarized in Figure 16 below.
Figure 16: Staffing Plan
Project Director - A Master's-level Project Director will oversee this Project.
Approximately 10 percent of the Project Director's time will be directed toward this project.
Project Manager/Counselor - Responsibility for day-to-day project activities will be
assigned to a 100 percent Project Manager/Counselor.
CHCADA's Response to RFP# PY2002 Page 35
EXHIBIT B
STATEMENT OF WORK
Scope of Work. City hereby engages contractor as an independent contractor to
perform the following described work, and contractor hereby agrees to perform
said work upon the terms and conditions here-in-after set forth.
A. Specifically, contractor shall perform the following services:
Contractor shall assess each participant using a standardized
assessment tool within thirty (30) days of enrollment. If
assessment supports a Basic Skills deficiency, reading and math
must be the first service to be delivered to participant.
Contractor shall identify through prescribed assessment which of
the ten elements as noted below will be prescribed for each
participant. Chosen elements will be noted in each participant's
Individual Service Strategy (ISS). Services needed but not
provided by Contractor must be coordinated with the Service
Navigator and other youth partners.
The ten elements are:
Tutoring, study skills and instruction leading to completion of
secondary school, including dropout prevention strategies.
Alternative secondary school services, as appropriate.
Summer employment opportunities directly linked to
academic and occupational learning.
Paid and unpaid work experiences including OJT, job
shadowing and internships as appropriate.
Occupational skills training as appropriate.
Leadership development opportunities, which may include
community service and peer-centered activities encouraging
responsibility and other positive social behaviors during non-
school hours as appropriate.
Supportive services
Adult mentoring for the period of participation and
subsequent period, for a total of not less than 12 months.
Follow-up services for not less than 12 months after the
completion of participation.
Comprehensive guidance and counseling, which may
include pregnancy prevention, drug and alcohol abuse,
counseling and referrals, as appropriate.
Contractor shall establish at least one goal for each participant as
related to the elements identified in their ISS. If the participant is
deficient in basic reading and/or math skills, one primary goal must
be for basic skills and must be the first service provided. Goals are
to be based on appropriate age standards and entered in
participant's ISS.
Contractor shall provide an enrollment orientation for each
participant which at the minimum includes the following information:
Program goals and objectives
Length of program period
Complaint handling procedures
Available supportive services
Anticipated exit date
Hands-on orientation at the Santa Aha WORK Center
Participant orientation shall be documented and placed in
participant's file. An orientation of the Santa Aha WlOIR/K Center
will also be provided.
Contractor shall provide participant services in accordance with the
program schedule and curriculum attached hereto as the program
narrative (Exhibit A). Neither the program schedule nor curriculum
may be altered in any way during the term of this agreement,
without prior written approval given to contractor by the Santa Ana
Workforce Investment Board 0NIB).
Contractor shall maintain daily, weekly, and monthly classroom and
internship training time and attendance records for alt participants.
Copies of attendance records shall be placed in participant's file
upon completion of program.
Contractor shall maintain individualized counseling records and
shall make these records available for review and inspection upon
request by City staff. All such records shall remain otherwise
confidential and shall be kept in a form approved by City.
Contractor shall maintain and share with other Youth partners the
Individual Service Strategy (ISS) for each participant from time of
enrollment through and including twelve (12) months after he/she is
exited from the program.
Full completion of the program and its elements shall be defined as
and determined by individual participant attainment of the learning
objectives and demonstrated achievement of the standards for
evaluation listed in the training curriculum verified and approved by
the Santa Aha WIB.
10.
Contractor shall provide each participant who attains full completion
of the program with a certificate of completion. Such certificate
shall serve as contractor's assurance to the City that the recipient
of said certificate has satisfied the conditions of full completion as
set forth in conditions identified in paragraph 5 above.
11.
Contractor shall, upon request by City or in accordance with
schedules and/or procedures stipulated by City staff at the outset of
the program, transmit to City reports and/or forms containing all
appropriate data and any other pertinent information available on
each participant and program operations in general.
12.
Contractor shall report on progress of program to Youth Council on
a regular basis as determined by contractor and City staff.
13.
Contractor shall follow and abide by the proposal submitted and
approved by the Santa Aha Workforce Investment Board. Any
changes to the proposal must be submitted in writing to the Santa
Ana WlB for consideration.
Exhibit C
COMPLAINT HANDLING
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
WIA
Santa Ana Local Workforce Investment Area
July 1, 2001
Table of Contents
I, Information Regarding Complaints ............................................................................................ 2
A. Nondiscrimination and Equal Opportunity Complaints .......................................................... 2
1. Policy Statement ................................................................................................................ 2
2. Civil Rights ......................................................................................................................... 3
3. Nondiscrimination Laws underWlA ........................................................................ J .......... 4
4. How to File Your Complaint ............................................................................................... 5
B. Criminal Complaints .............................................................................................................. 6
II. General Procedures for Handling Non-Criminal Violations of the Act ....................................... 6
III. Procedures for Handling Complaints at the SDA Level ............................................................. 8
IV. Procedures for Handling Complaints at the State Level .......................................................... 13
V. Procedures for Handling Discrimination Complaints by Participants ....................................... 15
VI. Procedures for Handling Handicap Complaints by Participants .............................................. 16
GLOSSARY OF WlA TERMS ........................................................................................................ 18
Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Investment Act (WIA), the City of
Santa Aha Local Workforce Investment Area (LWIA) will establish programs to
prepare youth and unskilled adults for entry into the labor force and to afford
job training to those individuals facing serious barriers to employment. Every
effort will be made to provide services necessary for eligible individuals to
obtain productive employment.
In implementing WIA, all contractors in the Santa Aha LWIA will foster equal
opportunity and non-discrimination, as provided in State and Federal equal
opportunity and non-discrimination laws including, but not limited to:
· Title VI of the Civil Rights Act of 1964
· Title VII of the Civil Rights Act of 1964
· The Age Discrimination Act of 1975, as amended
· Section 503 of the Rehabilitation Act of 1973
· Section 504 of the Rehabilitation Act of 1973
· Title IX of the Education Amendments of 1972
· Section 188 of the Workforce Investment Act of 1998
In keeping with our commitment, no individual shall be excluded from
participation in, denied benefits of, subjected to discrimination under, or denied
employment, in the administration or of in connection with any WIA funded
program because of race, color, religion, sex, national origin, age, handicap, or
political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part
under WIA shall be open to citizens and nationals of the United States, lawfully
admitted permanent resident aliens, lawfully admitted refugee, parolees, and
other individuals authorized by the Attorney General to work in the United
States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or
participating in any manner in an investigation, compliance review, hearing, or
any other activity related to the administration of WIA.
2
Administration responsibility for this Equal Opportunity/Affirmative Action
(EO/AA) Program is delegated to the Equal Employment Opportunity (EEO)
Officer for the Santa Ana Local Workforce Investment Area. Equal opportunity
and non-discrimination, however, will only be achieved through leadership and
implementation of a viable Affirmative Action Equal Opportunity Program.
Patricia Nunn, Executive Director
Santa Ana Local Workforce Investment Area
Civil Rights
No one applying for or enrolled in the Workforce investment Act (WlA).
Programs may be discriminated against because of race, color, creed,
handicap, national origin, sex, age, political affiliation, or beliefs.
This means that - for any of the characteristics listed above:
You may not be denied the opportunity to enroll in WlA.
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 WlA sponsor has established a mechanism for handling
complaints or grievances. Your complaint must be filed within 180 days. All
complaints will be handled confidentially.
3
Nondiscrimination Laws under WlA
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 f 1973
Prohibits discrimination based on handicap.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity
receiving federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Rights Act 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.
4
Emergency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, political
affiliation, or beliefs.
How to File Your Complaint
Put your complaint in writing.
Have it sworn to before a notary public, if possible.
Provides details that tell what happened, where it happened, and when
it happened.
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:
Director
Civil Rights Center
U.S. Department of Labor, Room N-4123
200 Constitution Ave., NW
Washington, D.C. 20210
Complaints on the basis of handicap must be filed within 180 days of
the alleged occurrence. These complaints must be filed directly with
the WIA administrative entity. The WIA administrative entity shall issue
a written decision within 30 days of the filing of the complaint. If the
complaint is still unresolved, an appeal may be made to the Chief of
State Workforce Investment Division Office.
The Department of Labor, the Civil Service Commission, the Equal
Employment Opportunity Commission, and many other offices and agencies
are committed to assuring equal employment opportunities for all persons.
They will protect you.
A case may be taken to court if the other processes do not yield satisfactory
results.
You may hire your own lawyer, or if you cannot afford one, the court may
appoint one for you.
5
It is unlawful for an employer, union, or employment agency to punish you or
any witness for attempting to present the facts in a case.
YOUR CIVIL RIGHTS UNDER THE
WORKFORCE INVESTMENT ACT
Santa Ana Local Workforce Investment Area
1000 E. Santa Aha Blvd., Suite 200
Santa Ana, CA 92701
(714) 565-2600
II.
Criminal Complaints
In accordance with the WlA (P.L. 105-200) and the implementing code of Federal
section 667.600 .... Federal handling of criminal complaints and report of fraud, abuse
and other criminal activity. "All information and complaints involving fraud, abuse or
other criminal activity shall be reported directly and immediately to the City of Santa
Ana and the Secretary of Labor."
General Procedures for Handling Non-Criminal Violations of the Act
The following procedure is promulgated to meet the requirements of Title 20, of the Code of
Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section
181(c) of the Act (Public Law 105.200:29 U.S. Code Sec. 2931 et seq.) at the State and
LWIA level for the receipt, investigation, hearing, and resolution of complaints by WIA
participants, subrecipients, 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 LWlA.
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, subagreements, or other
specific agreements under the Act, including terms and conditions of employment of such
participants in employment training programs. All complaints, amendments and
withdrawals shall be in writing. These procedures are intended to resolve matters which
concern policies, procedures or action(s) arising in connection with WIA programs operated
by each LWIA grant recipient and subrecipient under the Act.
These procedures shall not be construed as affecting any other available legal remedy
outside of the WIA complaint process (i.e., disputes regarding terms and conditions of
employment of any employee who is not a participant), either separately or simultaneously,
that a person may wish to pursue in the resolution of a non-WIA complaint. Also, these
procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion
6
procedures do not restdct the LWIA grant recipient staff in carrying out informal discussion
and resolution of any problems outside of and without resort to the formal complaint
procedure.
A=
The following principles and rules apply to all complaints at all steps of the complaint
preocedures:
All complaints must be made in writing within 180 days of the alleged
occurrence, except complaints alleging fraud or criminal activity.
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.
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.
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.
A "participant", within the meaning of these procedures, is an individual who
receives employment-training services under a program funded by Santa Ana
LWIA. The Complaint Resolution Procedures contained herein (or the
alternative procedures which an employer may use) shall be available to
participants to resolve disputes regarding items and conditions of employment
of such participants in employment training programs. However, such
procedures shall not be used to resolve disputes regarding terms and
conditions of employment of any employee who is not a participant, as defined
herein.
If a complaint does not receive a decision at the LWlA 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.
7
Complainants must initially file and exhaust LWIA grant recipient/hearing
procedures prior to appealing to the State except where the State determines
that the LWIA grant recipient's procedures are not in compliance with the
State's procedures.
II1. Procedures for Handling Complaints at the LWIA Level
A. Receipt of Complaints
Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA
administrative entities have the responsibility to conduct hearings and resolve
complaints made by individuals about the administration of programs in the ~.WIA.
"LWIA level" encompasses LWIA administrative entity and employers to which the
administrative entity has delegated the complaint resolution process. The following
comprise the guidelines for resolving issues arising in connection with WIA programs
operated by the Santa Ana LWIA including resolutions of complaints arising from
actions, such as audit disallowances or the imposition of sanctions taken by the
Governor with respect to audit findings, investigations or monitoring reports.
1. Form and Filing of Complaint
Official filing date of the complaint is the date the written complaint is received.
The filing of the complaint with the Santa Ana LWIA Equal Employment
Opportunity Officer shall be considered as a request for hearing and a
decision must be issued within 60 days. The complaint must be in writing and
must be signed and dated. The complaint should also contain the following
information:
Full name, telephone number, if any, and mailing address of the
complainant;
Full name, telephone number, and mailing address of the agency
involved (respondent);
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;
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.
8
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.
Informal Conference
Informal conferences will be utilized by the Santa Ana LWlA to resolve
complaints; however, such informal conferences shall not extend the time
within which a decision must be issued after receipt of a complaint. Attempts
at informal resolution will commence with two (2) weeks of the date of filing of
the complaint.
The EEO Officer will review the case and ascertain facts prior to the
conference so that appropriate resolution can take place at the time of
this meeting whenever possible.
Although the complaintant 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.
if mutually satisfactory resolution results and the Santa Ana LWIA
concurs, the EEO Officer will write a brief report for the file stating the
issues and resolution. The matter shall then be considered closed.
If resolution does not result, the complainant shall be provided the
necessary information and assistance to request a hearing if he/she so
desires.
Request for Hearing
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 filed with:
Lydia H. Morgan
EEO Officer
Santa Ana Local Workforce Investment Area
1000 E. Santa Aha Blvd., Suite 200
Santa Ana, CA 92701
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 LWlA within sixty
(60) days of the date of filing of the complaint.
The hearing notice shall be in writing and contain the following information:
The date of notice, name of the complainant, and the name of the party
against whom the complaint is filed.
The date, time, and place of hearing before an impartial hearing officer.
A statement(s) of the alleged violation(s)
Advise as to where information or assistance may be obtained, and the
name, address, and telephone number of the Santa Ana LWlA Equal
Employment Opportunities (EEO) Officer who can answer inquiries.
Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence
not applicable. Unnecessary technicalities should be avoided. It should provide the
flexibility to enable adjustment to the circumstances presented.
The hearing officer shall have complete independence to obtain facts and
make decisions. The hearing officer shall be in a position to render impartial
decisions and thus should not be subordinate to the Santa Ana LWlA or its
subrecipients. 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.
10
The burden of proof should be reasonable and flexible, dependent upon the
circumstances of the case involved, The headng 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/he so desires. Other he/she is limited to his/her own abilities
and those of the hearing officer in obtaining testimony in the case.
It is important that the hearing officer obtain the fullest information for the
record. If the parties involved, or their representatives, do not know how to
ask the right or pertinent questions in pursuing their right to due process, it
shall be necessary for the hearing officer to step in to have all the materials
and relevant facts elicited.
The practice in informal hearings is generally not to apply strict rules of
evidence in obtaining facts. However, the quantity of evidence required to
support a decision on an issue should be sufficiently credible that the state (or
other appropriate agency), upon reviewing the decision, would conclude that
the decision is supported by substantial evidence.
The hearing officer should attempt to negotiate a resolution of the issue at any
time prior to the conclusion of the hearing.
o
Within ten (10) days of the conclusion of the hearing, the hearing officer will
issue a recommended decision to the LWlA for final determination. The
recommended decision shall be in writing and may be accepted, rejected or
modified by the Santa Ana Workforce Investment Board.
Issuance of Decision
Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWlA shall
issue a written decision to all parties by first class mail. The final decision shall
contain the following information:
2.
3.
4.
5.
6.
The name of the parties involved.
A statement of the alleged violation and issues related to the alleged violation.
A statement of the facts.
The decision and the reasons for the decision.
A statement of corrective action, if any, to be taken.
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.
11
Record of Headng
An administrative file containing support documents on the complaint resolution
process hearing conducted will be retained by the Santa Ana LWIA. The purpose of
a record is to serve as substantiation of the process followed by the Santa Ana LWIA
on the resolution of the issues and the results. This information would then be
available for subsequent review in the event the matter is raised with the State. Such
records must be retained for a three-year period after the grant has been officially
closed out.
The Santa Ana LWIA's written decision will be included in the record. Evidence
received at the hearing, notes by the hearing officer, stenographer's notes and tape
recordings may also be used.
Establishment of Complaint Procedures
In accordance with Section 667.600, each employing agency including private-for-
profit employers of participants under the Act is required to establish a complaint
procedure for resolving matters relating to the terms and conditions of employment.
Employers may operate their own grievance system or may utilize the Santa Ana
LWIA's established procedures under Section 667.600. At a minimum these
procedures must include:
Written notice, upon enrollment into employment training services, of the scope
and availability of such procedures. Employer's grievance procedures shall be
set forth in a written document and must meet the regulation mandate that a
complaint will be resolved with sixty (60) days from the date the complaint was
filed. A copy of employer's grievance procedure shall be provided to each
participant upon enrollment in employment training,
2. Written notice, at the time the grievance is filed, of the procedures under which
the grievance will be processed.
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
Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWIA and the State Review Panel in accordance with
Section 667,600.
12
IV. Procedures for Handling Complaints at the State Level
Section 181(c) of the Act and the WIA regulations at 20 CFR, Section 667.600(d) requires
the Governor to establish a State Review process of complaints filed at the LWIA grant
recipient level and of complaints initially filed at the State level.
Appeals of decisions issued at the LWIA level including audit disallowances and sanctions
shall be reviewed by the State Review Panel. The State Review Panel shall review the
record established at the LWIA level and shall issue a decision based on the information
contained therein.
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 (WlD). 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.
Form
1.
and Filing of Complaint.
Request for State Review of LWIA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory
decision, the State shall provide for an independent state review.
Filing of Requests for State Review
The State Review Panel shall review all LWIA level decisions when a request
for review is filed within 10 days of receipt of the adverse decision. Such
requests must be filed in writing with the Chief of the WID Office. The request
for review should contain the following information:
a. Full name, address, telephone number of the party requesting the
review
b. Full name, address, telephone number of the other party
c. A copy of the decision
d. Brief statement of reasons for review or the section of the LWIA
decision to be reviewed including regulatory and statutory citations
e. A statement of the relief sought.
13
Complaintant 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 LWlA 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 LWlA. It shall be the responsibility of the LWlA to submit the
complete record including a typed record of the hearing to the Chief, WlD,
within ten (10) days.
Conduct of Hearings.
1. Request for Hearing at the State Level
If no decision has been issued at the LWIA level or the State has determined
an audit disallowance or imposed sanctions, the complainant may request a
hearing. The hearing officer will then issue a recommended decision to the
State's Review Panel for final determination.
2. Filing for Request for Review
The request for a State hearing shall be filed within ten (10) days after LWIA
should have issued a decision or ten (10) days after the issuance of the audit
disallowance or sanction. The request shall be filed directly with the Chief of
the WlD in writing and should include the following:
Full name, address, and telephone number of the party requesting the
review
Name, address, and telephone number of the LWlA
Copies of complaints made at LWIA level from which no decisions were
issued or sanctions imposed
A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a
designated headng officer will be scheduled.
14
Vm
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
WlD, and one from the Director's office. The panel will issue a written decision,
which will be sent to the appropriate parties within thirty (30) days of receipt of the
request for State review.
Decisions issued by this panel, under the authority of the Governor, are final.
D. Issuance of State Review Decision.
The State review will be limited to violations of the WIA, implementing WlA
regulations or the grant agreement. This review shall be limited to the record
established at the LWlA hearing.
Procedures for Handling Discrimination Complaints by Participants
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 LWIA's Equal Employment Opportunity
(EEO) Officer to determine jurisdiction and to make the complainant aware of
and provide assistance in filing a complaint in accordance with the Santa Aha
LWlA's procedure under Section II (A).
15
No later than 180
days of alleged __
discrimination
Within 10 days of
receipt of
unsatisfactory
decision or 10 days
from date L WIA
decision should have
been issued
Handling of complaints filed at LWlA level arising in
connection with WlA programs operated by LWIAs
Informal Resolution Process
Filing of Complaint / Request for Heating
Notice of Heating issued by LWIA
Hearing Conducted
LWlA Decision within 60 days
Unsatisfactory Decision or LWIA Decision not
issued within 60 days
Request for State Review
Governor's Decision issued by State Review
Panel
If no decision issued by State Review Panel
Appeal to DOL
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.
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.
Complainants must file their complaint directly with:
Lydia H. Morgan
EEO Officer
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, Ca 92701
VI. Procedures for Handling Handicap Complaints by Participants
Complaints alleging discrimination on the basis of handicap will be filed and processed
under the Department of Labor regulations implementing Section 504 of the Rehabilitation
Act of 1973 at 29 Code of Federal Regulations Section 32.
Complaints must exhaust the Santa Ana LWiA's informal resolution
procedures before filing their complaint with OCR.
Complainants will be made aware of the 180 days requirement in which to file
his/her complaint.
A. Procedures at the LWIA Level
The complainant shall file his/her complaint directly with the Santa Ana LVVIA.
Upon receipt of the complaint, the EEO Officer shall investigate and gather
information concerning the complaint.
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.
The Santa Ana LWIA shall issue in writing its decision to the complainant no
later than thirty (30) days after the filing of the complaint.
16
B. Procedures at the State Level
The complainant may appeal to the State if he/she is not satisfied with the
decision of the Santa Ana LWIA.
The Complainant must file his/her appeal as a request for review directly with
the Chief WI D within ten (10) calendar days after the receipt of the Santa Ana
LWlA's decision.
The Chief-WlD, shall issue a decision no later than thirty (30) calendar days
after receipt of the request for review.
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.
17
No later than 180
days of alleged __
discrimination
Filing of complaint on the basis
Of Handicap with LWIA
Day 1
Informal Resolution
If no resolution reached
Filed within 30
days of
L WIA/State
Decision or 90 --
days from date of
initial filing of
complaints
Request for Hearing
Notice of Hearing
Hearing Conducted
LWIA Decision
Unsatisfactory Decision or No Decision
State Review 1
I
Appeal to Assistant Secretary
Department of Labor
Day/45Day
60 Days
GLOSSARY OF WIA TERMS
AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination
on the basis of age by any program or activity receiving Federal funds.
APPLICANT - An individual who applies to a subrecipient or contract for services provided under
WIA and who has no 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 training activities appropriate for the
participant. Testing and counseling may also be used during the 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 subject to the provisions of Section
717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by
Executive Order 11246, as amended.
GRIEVANCE - An allegation that something imposes an illegal obligation or burden or denies
some equitable or legal right, or causes injustice.
HANDICAPPED INDIVIDUAL - Any individual who has a physical or mental disability that
constitutes or results in a substantial handicap to employment.
18
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.
.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.
19
EXHIBIT D
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 an agency, a Member of Congress, an ¢fficer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contracts, the making of amy
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2)
If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3)
The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more that $100,000 for
each such failure.
California Hispanic Commission on Alcohol & Drug Abuse, Inc,
Grantee/Con~
Name of Certifying O~ici~l Signature
James Z. Hernan~ Executive Director
EXHIBIT E
Certification ReRardinq Druq-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)
(2)
(3)
(4)
The dangers of drug abuse in the workplace;
The contractor's policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee assistance
program; and
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)
(2)
Abide by the terms of the statement; and
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;
Pg. 2
(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)
(2)
Taking appropriate personnel action against such an employee, up to and
including termination; or
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.
Dated: ~
P;ame s ~/z H_er_ n~ndez
Execut~eetor
DIVISION OF EMPLOYMENT SERVICES
PLACE O1~ PERt~ORMANCE
FOR CERTIFICATION REGARDING DRUG-PREE WORKPLACE REQUIREMENTS
Name: Isabel Melloni
Name of Contractor:
Contractor Number:
Date: June 3, 2002
California Hispanic Commission on Alcohol and Dru~
A2002~100
The Contractor shall insert in the space provided below the site(s) expected
to be used for the performance of work under the contract convered by the
certification:
Place of Performance (include street address, city, county, state, zip code
for each site):
1905 N. College
Santa Ana, CA 92706
Various other locations throughout Santa Aha
EXHIBIT F ~
DETAILEI~ONE YEAR PROJECTED PROPOSED BUDG~FFOR
WIA Youth - Fuerzas Unldas
SALARIES:
Project Director
Administrative Assistant
Secretary
Data Clerk/Receptionist
program Manager/Counselor
Counselor
Job Developer/Counselor
FTE SALARY RANGE Proposed
Budget
0,05 $ 70,000 $ 82,000 $ 4,100
0.05 $ 35,000 $ 42,000 $ 2.100~
0.05 $ 28.000 $ 30,000 $ 1,ED0
0.05 $ 20,0g0 $ 25.000 $ 1,250
0.50 $ 32,5g0 $ 38,000 $ 16,250
1 00 $ 30;000 $ 34,000 $ 30.000
0.75 $ 26.500 $ 30,000 $ 19,875
75,075
5,743
751
6,381
2,252
4,505
19,632
94,707
8,160
8,160
2,000
2.600
240
5,080
500
50O
400
500
840
500
100
500
500
200
75O
800
761
3.900
TOTAL SALARIES 245%
BENEFITS:
FICA 7.65%
SUTA 1,00%
HEALTH 850%
WORKER'S COMP 3.00%
RETIREMENT 8.00%
TOTAL BENEFITS
(SENEFIT PERCENTAGE) 2615%
SUB-TOTAL SALARIES & BENEFITS
OPERATIONAL EXPENSES:
FACILITY RENT/LEASE:
RENT (6800/month '10%)
TOTAL RENT
EQUIPMENT ANO/OR OTHER ASSETS LEASES:
VAN LEASE($5001MONTH for 4 months)
TELEPHONE SYSTEM (200/MONTH · 10%)
COMPUTER AND PRINTER
"~ COPIER (200/MONTH* 10%)
TOTAL EQUIPMENT & OTHER ASSETS
SERVICES AND SUPPLIES:
ACTIVITIES - RECREATIONAL
ADVERTISING
AUTO EXPENSE (75 MILES PER MONTH ° 1.55'12)
BOOKS AND PUBLICATIONS
CONSUMMABLE/HOU SEHOLD SUPPLIES
EDUCATIONAL MATERIALS
FACILITY MAINTENANCE (350/MONTH*20%)
INSURANCE
LICENSE/PERMIT FEES
MATERIAL DEVELOPMENT
MISCE~J~NEOUS EXPENSES
OFFICE MACHINE MAINTENANCE
OFFICE SUPPLIES
POSTAGE
PRINTING
OFFICE EQUIPMENT/FURNITURE:
TV 550 -,
VCR 300
Book cases (2 x 300 ea.) 800
Desk (2 x 400 ea.) 800
Filing Cabinets (2 x 200 aa) 400
Chairs (2 x250 ea.) 500
Chairs (participants - group sessions) 4o0
Tables (participants) 350
$ t5,107
TELEPHONE (150/month)
TRAVEL/MILEAGE (150/MONTH)
UTILITIES (100/MONTH)
TOTAL SERVICES AND SUPPLIES
SUB-TOTAL OPERATIONAL EXPENSES
TOTAL SALARIES/BENEFITS AND OPERATIONAL EXPENSES
ADMINISTRATIVE OVERHF-~D:
INDIRECT COSTS (12% OF TOTAL SAL/BEN. AND OPER. EXP)
TOTAL ADMINISTRATIVE OVERHEAD
TOTAL SUB-CONTRACT
TOTAL GROSS COST OF PROGRAM I $ t41,000 I ·
EXHIBIT G
PERFORMANCE STANDARDS
il
ix]
In-School Youth
Out-of-School Youth
Name of Organization:
CHCADA - Fuerzas Unidas
Contract #: A2002-100
Program Year: May 17. 2002 - June 30. 2003
PRO(~RAM RI7F:
Contract Amount: $141
# of Participants Enrolled:
Cost per Participant: $4.700
Performance Standards for Youth ages 19-21:
Recruit, assess, and place 30 unemployed youth over the pedod of one year
Place approximately 80% of youth who complete the program into jobs that pay $8.00 per hour
or more
Ensure that at least 80% of youth placed retain their jobs for six months or more
Approximately 30% of the youth will experience a wage gain of 60% or more from program
beginning to program completion
Approximately 70% of youth who did not graduate from high school will be enrolled in a GED program
Approximately 30% of youth with a high school diplomas will enroll in a program of higher education
Exhibit H
Contractor agrees that in addition to those agreements and obligations specified in the
contract boiler plate, program narrative and statement of work, they will also adhere to
and obey the following provisions, assurances, and certifications.
ARTICLES
1)
2)
3)
4)
5)
Contractor assures and certifies that where applicable, classroom training
instructors are properly credentialed, and training curriculums comply with State
Education Codes.
Contractor assures and certifies that any requested modification to this agreement
must be submitted in writing, explaining requested changes and rationale.
Contractor further assures that no modification will be implemented without prior
written approval from the Santa Ana Local Workforce Investment Area's Board.
Contractor assures and certifies that they are in good standing with the California
Secretary of State Franchise Tax Board and Internal Revenue Service. Any
change in corporate status or suspension shall be reported immediately to the
CITY.
Contractor agrees to cooperate with any monitoring, inspection, audit, or
investigations of activities related to this agreement as may be scheduled and
conducted by the Santa Ana Local Workfome Investment Area's Board.
Contractor assures and certifies that it will maintain and abide by the Santa Ana
Local Workforce Investment Area's Grievance Complaint Procedures in its
entirety as included here in Exhibit C. All contractor's publications and
advertisements shall include the phrase "An Equal Employment and Training
Opportunity Organization".
916TI4,O15S
CERTIFICATE OF LIABILITY INSURANCE
?,-4,0 P-002/003 F-888
TOSS P,gO4~OT F.-SFO ~,
'--~ ~ooo ~. ~ ~ ~. ~ .= ~..~_._~.~ _ ...~ ~
?
714 ~9 0153 MAR.31'2003 12:54 RECEIVED FROM: 916;~3!732 ~2781-002
POLI~Y NUMBJi~: POLIC~ TYPE:
2~Q2-03[126 LIABILITY
ADDITIONAL tNSURED,--DF~IQNATED PERSON OR ORGANIZATION:
CITY OF ~I~ITA ANA
THI~I ENDORSEMENT MODIFIES INSURANO~ pROVIDED UNDER THE FOLLOWING:
PQLACT TYPE:
LIABILITY
'::CHI;:DULE:
1.tJl~':~OO~ - 12J'16/20~
NAME OF PERSON OR ORGAH]Z.,ATIC)N:
CITY OF SANTA ANA
THIS INSU~.N~ SHALL BE PRIMARY
Of ne ent~ appears above, Information reclUlred to complete this endorsement
will be shown in the Declarations as applicable to this endorecmont.)
WHO I$ AN INSURED (section il) is amended to Jnctudu as Insured the person or
organization shown in the Schedule as an fnsu.red bUt only with respect to
liability arbin~ out oi your operatJon~ o~ ptemLso~ owned by or rentt~d to
~opyrlght, I~surallc~ services Office. Inc. 19~4
APPROVED AS TO FORN.~
Deputy City Atto/ney
711 479 0153 MAR.31'2003 12:55 RECEIVED RROM: 9164411732 #2781-003
II
~t~r a ~heedy '
Deputy City Attorney