HomeMy WebLinkAboutORANGE COUNTY CONSERVATION CORPS 2 - 2002
n ~~~
~ . ~\\"
I~CE ON FilE
Vìm!rMAY PROCEED
UNTIL INSURANCE EXPIRES
"1 7- ð -", ~
CLERK OF COUNCil
DATE. \-z.-IZ-úz..
.
Contract No. A2002-099
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this ~day of June, 20...QL, 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 Orange County
Conservation COrDS ("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 L WIA 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").
E.
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:
Pagelofl4
.
.
I.
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A" and in the Statement of Work (Exhibit B and Exhibit B-1), 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 readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ("participants") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105-220.
C. CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. 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 ofthe Act, including Section 181 ofthe 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 WIA", 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
Page 2 of 14
.
.
those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California
and CITY have the right to seek judicial enforcement ofthis assurance.
H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
1. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements.
CONTRACTOR agrees to forward to the Will Administrative Office, 1000 East Santa
Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Investment Act
EnrollmentJRegistration form (WIA EWIE) within 15 days of enrollment/registration; Workforce
Investment Act Goals (WIA EWIG) within 10 days of actiye 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 (WIA 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 California and/or the United States
Government or their representatiyes, all records requested for administrative purposes, including
Page 3 of 14
.
.
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 InvoiceNoucher on
CITY's InvoiceNoucher form, showing in detail the amount of money expended by CONTRACTOR
hereunder. CONTRACTOR agrees to submit the above-stated document to the Will Administrative
Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of
the month following the month in which CONTRACTOR'S services are performed. Should
CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this
Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall
either return to the CITY excess revenues over costs or use such excess revenues as program income by
utilizing such program income for additional training activities authorized under the Act.
L. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
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-I 02 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.
Page 4 of 14
.
.
R. CONTRACTOR, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the 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 Twenty Five Thousand
Two Hundred Twenty One and no/1O0 Dollars ($125.221.00) 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, montWy desk-top reviews of pertinent information will
be conducted.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on Mav 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,
Page 5 of 14
.
.
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds receiyed 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 VII of the Act, no person shall, on the grounds of race,
color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this Agreement.
2. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
3. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
4. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as well
as the Will Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use of funds under this Agreement for a three-year period
from and after the effective date of this Agreement.
5. No person with responsibilities in the operation of any program under the
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.
Page 6 of 14
.
.
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 OPPORTUNITY. Any literature distributed by CONTRACTOR
for the purpose of apprising businesses, participants, or the general public of its programs under this
Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana
Workforce 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 inyention, 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"
Page 7 of 14
.
.
(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 Workforce Investment Board (Will) shall have a royalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The
copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b)
Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with
grant support; and (c) CONTRACTOR shall comply with the requirements of29 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 ("EP A") 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. EP A, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EP A List of
Violating Facilities;
(c) It will notify the CITY and the EP A 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 ofthis 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.
Page 8 of 14
-
.
2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two 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 Involying Close personal Friends and Associates.
Executiyes 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 (Will), 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 of a Will, 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
yoting member of the Will 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 from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
employees or subcontractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
CONTRACTOR, its employees or subcontractors.
Page 9 of 14
-
.
VIII.
INSURANCE
1. Commercial General Liabilitv. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive 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 Coyerage. 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 purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self-insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
Page 10 of 14
,
.
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 relate 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:
I. 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
Page 11 of 14
,
.
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
Page 12 of 14
,
.
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 xvrn 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, Will Administratiye 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 Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
CONTRACTOR:
Orange County Conservation Corps
700 N. Valley Street, #B
Anaheim, CA 92801
(714) 956-6222
telefacsimile (714) 956-1944
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.
Page 13 of 14
.
.
xx.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
ATTEST:
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
By:
D~~
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Orange County Conservation Corps
BY: ~',- C.~
Lisa E. Storck
Assistant City Attorney
BY~
Richard J. Str p
Executive Director
Fed. Tax ID#: 33-0563781
RECOMMENDED FOR APPROVAL:
~
John Reekstin, Executive Director
Community Development Agency
Page 14 of 14
,
.
EXHIBIT A
PROPOSAL NARRATIVE
Please answer each question as concisely as possib1e
About the Program
Executive Summary
Which WIA population will the program recruit and serve?
The Orange County Conservation Corps (OCCC) proposes three (3) separate and
independent occupational skills training components to serve 50 Santa Ana at-risk
youth, primarily 16-21 years old. The youth served will meet all eligibility requirements
including legal resident status with the right to work in California, will reside in Santa
Ana, be 10w-incoŒle..-?j!~ic..skjUs;deficient and unemployed or underemployed. .OCCC
will~ withdj¡~an ,!Qse' (TSJ) and the Santa Ana WORK Center for~,
r~uit~nt, eligibility, and placement of eligible youth. OCCC will provide paid work
experience for those youth placed in one of the three OCCC Santa Ana occupational
skills training programs. Most participants will be _out-of-school youth recruited for
employment by the OCCC, TSJ, and other youth provider agencies. Some eligible
participants currently employed and in school with the OCCC or TSJ may be included as
in-school youth.
Indicate how many participants to be served. .
OCCC plans to serve 50 at-risk, low-income, Santa Ana VvIA-eligible youth.
Santa Ana youth who are not WIA-eligible will be placed on other OCCC work projects
supported by non-WIA funds (Department of Conservation and/or fee for service
contracts). OCCC currently operates 12 project crews including the current Santa Ana
Parks Job Training crews and other environmental project crews. OCCC will serve all
Santa Ana youth contingent on the availability of job openings on other OCCC
conservation and recycling project crews.
Indicate which of the 10 WIA elements the program will address.
OCCC occupational skills training programs will address all 10 WIA elements. OCCC
will provide Elements # 1, 2, 3, 4, 5, 7, 8, and 9 thorough its ongoing occupational skills
training programs and existing OCCC program components, i.e. OCCC Charter School
and education component.
Element #6, Leadership Development Opportunities, will be offered through participation
in OCCC's Corpsmember Council and/or OCCC Crew Leadership opportunities with
appropriate training.
Element #10, Comprehensive Guidance and Counseling, will be coordinated and
provided by the OCCC Director of Corps member Development, OCCC staff and, as
appropriate, by referrals to OCCC's network of organizations and professionals who
provide counseling and supportive services for anger management, substance abuse,
stress management and other individual issues.
Indicate planned outcomes.
In accordance with the Youth Service Provider Network performance accountability
goals, we anticipate the following outcomes for the 50 at-risk Santa Ana youth
completing OCCC's program:
8
,
.
GOAL
OUTCOME
7
7
5
5
GOAL
OUTCOME
Placed into unsubsidized employment or
military service
Maintain em 10 ment for 6 months.
Wage increases over 12-months of
OCCC artici ation .
Learn an occupation, advanced tn¡lining
and/or a renticeshi s
26
34
$2,580
18
33
32
Describe the basic program approach. (workshop/classroom/in the community)
OCCC proposes to provide three separate occupational skills training projects.
In collaboration with TSJ and other local youth services providers, OCCC will recruit 50,
low-income, at-risk young adults for employment and training as OCCC Corpsmembers
(cms). While employed by OCCC, cms will receive job-training, supportive service
referrals and educational services that will address and provide all 10 required WIA
service elements.
Our basic program approach will follow our motto to earn.../earn... and serve. That is,
OCCC cms will earn a living through paid work experience, learn job skills, further their
education, complete credits for a high school diploma, and serve their communities by
completing work projects that benefit the communities of Orange County.
OCCC Santa Ana cms will be scheduled to work 32 paid hours each week on
occupational skills training work projects.
All cms will also be required to further their education while working for the OCCC by
devoting 4-8 unpaid hours each week to remediating and/or enhancing their education
skills. OCCC's education staff of two credentialed teachers and other support staff will
9
,
.
instruct education classes. Classes will consist of 4-8 hours of classroom work each
week combined with field trips and service learning project activities.
All cms will develop an individual learning plan that outlines specific education and work
related goals. All cms will also complete four hours unpaid each week of a Living Skills
curriculum that includes academic remediation, job-specific skills, pre-employment
skills, community service, conservation awareness, and positive work ethic.
Those cms without a high school diploma will be enrolled in OCCC's Charter School
and participate in four additional unpaid education hours each week to earn high school
credlt(s) while they work and complete 'coursework to obtain their high school diploma
through OCCC's Charter Sgh9gl. Th~ who have a high school diploma will be
expected to enroll and will .ceive assistanc.e...to enroll in some form of post-secondary
ystruction<iT oca community colleges, ROP programs, or trade schools.
Once enrolled and hired by OCCC, all cms receive two weeks of orientation and soft
skills training conducted by the OCCC Training Supervisor. This initial training is
designed to facilitate the OCCC work experience and long-term employment success.
The OCCC orientation will include completion of all forms and documentation required
for employment with the OCCC, review of employee policies and procedures as defined
in the OCCC Corpsmember Handbook, proper tool use, safety training, CPR and First
Aid awareness, team building exercises, and exercises to build a positive work ethic.
~ring 9rientation,~ will be individually tested for academic placement, complete an
~J:1dividual learning pl~ complete all forms and documents required for the OCCC
education component. Orientation will be provided in a classroom setting and will
include 12-16 hours of field work designed to simulate what it will be like to work on an
OCCC project crew.
Successful completion of the two-week paid orientation is mandatory for continued
employment with OCCC. Those cms, who do not successfully complete the orientation
due to poor attendance or unsatisfactory work performance, will be terminated from the
OCCC. Terminated cms may be eligible for rehire based on individual circumstances
and available openings with the OCCC.
Upon successful completion of this initial training, Santa Ana cms will be placed into one
of the three occupational skills training projects:
1. Santa Ana Parks Job Training Program -Twenty (20) Santa Ana youth will be
enrolled as OCCC cms and participate in the Santa Ana Parks Job Training Program.
Cms will work on two crews of 8-10 cms each, assigned to work in the Santa Ana Parks.
With matching funds from OCCC grants and the Santa Ana Federal Empowerment
Zone, OCCC has successfully operated this project for the last two years serving more
than 80 Santa Ana at-risk youth. Cms assigned to these crews work under the direction
of an OCCC Project Coordinator and Crew Supervisor to complete various work/learn
park projects. Instruction and job training is provided by Santa Ana park employees.
Cms may be assigned to work alongside city employees on special projects for further
10
,
.
training. OCCC proposes to continue this program matching youth council funds with
OCCC grant funds.
Cms will lean and perform the "Big 6," required daily of city employees for each city
park, and will complete more specialized work/learn project work. The Big 6 includes: 1)
insuring proper display of the American flag, and that the flag is up and in good repair;
2) check of all parks for safety hazards; 3) check of all parks for graffiti; 4)
restroom/facility maintenance; 5) trash and litter abatement; and 6) sandlot/playground
maintenance. Other specialized work/learn park projects include landscaping, grounds
maintenance and repair, trail maintenance, weed abatement, erosion and flood
mitigation, stream restoration, and. irrigation system installation, repair, and
maintenance.
Cms assigned to these crews will learn the job skills needed for entry-level park
maintenance positions for the City of Santa Ana. The occupational skills learned and
demonstrated in this program will be transferable to other similar positions with cities or
private companies in the county. Cms assigned to these crews will be scheduled to
work 32 hours each week in the community to improve city parks.
J 2. OCCC Interns -Ten (10) Santa Ana youth will be enrolled as OCCC cms and will
serve internships with local employers. This is a new program being developed by
OCCC for FY 2002/03.
The OCCC Transition Specialist will place selected Santa Ana youth, either current
OCCC ems or youth referred by TSJ or the Work Center, in paid internships. OCCC is
currently networking with local employers who have shown an interest in establishing
internships. Internships will be paid and may last up to six months. OCCC Interns will
be scheduled to work 32 hours each week at the employer's site and participate 4-8
hours each week in the OCCC education component based on their individual
education needs. Partnering employers will be responsible for supervision and training
of the intern with the goal of hiring the intern once the internship has been completed.
Currently, the internship program as proposed is fully funded with Youth Council funds.
OCCC will seek matching funds and/or donations from partnering employers to offset
costs of the internships. The matching funds or donations received will then be. used to
establish additional internship positions for this program.
3. OCCC Construction Skills Training - In partnership with TSJ, OCCC will train and
employ 20 Santa Ana youth in carpentry and construction skills. OCCC and TSJ will
collaborate to recruit and train Santa Ana youth for this project. TSJ will provide the
initial 12 weeks of classroom instruction, which includes hands-on training to
demonstrate and reinforce the various construction skills learned in the classroom.
Youth who successfully complete the 12-week TSJ course, will be hired by the OCCC
for further construction skills training and deyelopment.
OCCC has received a 2002 CA EDD Community and Faith-Based Initiative Grant for
construction skills training. OCCC will use this grant as a match to provide employment
and continued skills development for Santa Ana cms. No Youth Council funds will be
used for this training component. TSJ will provide matching funds for the initial 12
weeks of training and OCCC will use grant funding as a match to hire and employ the
Santa Ana cms for this program.
11
,
.
Santa Ana cms participating in this program will receive on-site housing rehabilitation
and construction work experience, classroom training, employment skills development,
job search training, leadership development and supportive services to facilitate the
transition from OCCC's comprehensive program to long-term achievement and viable
employment in construction occupations. The proposed HUD Youthbuild-type project
will also increase the supply of affordable housing for low-income, very low- income and
homeless families in Santa Ana and Orange County.
Santa Ana WIA-eligible cms may complete one proposed occupational skills training
component and then progress into a sécond proposed component as determined by
their individual learning plans and overall employment goals. For example, a cms may
be hired and initially placed on a Santa Ana Park Job Training crew. After a few months,
the cms may demonstrate that he or she is ready for an internship placement with a
local employer.
To leverage and maximize youth council resources, OCCC and TSJ are developing a
better working relationship to share organizational resources, to improve recruitment
and to facilitate placement of Santa Ana youth in appropriate programs. Therefore, cms
initially recruited and hired by one organization, may be referred to the other
organization for training and/or educational opportunities. Appropriate referrals will also
be made to each organization's network of other community-based organizations and
youth service providers in Santa Ana. OCCC and TSJ are committed to providing better
education and employment services to all youth.
Cms, who successfully complete 6-8 months of work with OCCC and who have
completed or are expected to complete all OCCC educational requirements, will receive
additional classroom instruction provided by the OCCC Transition Specialist. These
classes are designed to facilitate the cms transition from OCCC, in pursuit of full time
employment and/or school.
Classes conducted by the Transition Specialist will include pre-employment and job
search skills. Cms who successfully complete these classes will have completed job
applications, participated in mock interviews, registered online with EDD for CalJobs,
visited the Santa Ana WORK Center, conducted internet job searches, completed
college enrollment applications, and participated in presentations from local employers,
colleges, ROP programs, and trade schools. The OCCC Transition Specialist has been
trained and is able to apply for EZ credits for those Santa Ana employers who hire
OCCC cms. The OCCC Transition Specialist is responsible for assisting cms with job
placement, school registration, tracking cms once they leave OCCC, retention
assistance, and provides supportive employment and/or school services for OCCC
alumnae.
Main Purpose of Program
What is the organization Mission Statement?
The mission of OCCC is to provide an opportunity for at-risk youth to learn work
skills; develop a work ethic; develop a sense of community responsibility; further
their formal education; develop leadership skills; and achieve the self-esteem
necessary to enter the workforce.
12
,
.
Santa Ana WIB funds will support OCCC's mission and enabl.e Santa Ana youth to
earn... learn... and serve. That is, they will earn a living while they learn important job
skills and work ethics; further their education by obtaining a high school diploma or
completing other educational goals; and serve Santa Ana by completing important
construction or housing rehabilitation and park projects that benefit the people of Santa
Ana and Orange County.
Indicate what the program will accomplish.
OCCC's program will accomplish several objectives including providing valuable,
marketable work experience, education, 'training, as well as development of a lifelong
work, conservation, and community service ethic.
This proposal will create 50 jobs for Santa Ana youth on projects that will improve and
enhance the City of San!:3 Ana. These youth will not only earn a living while they are
employed on these projects, but they will also improve their work and education skills to
become more marketable and employable adults.
Not many programs exist to prepare low-income, non-college bound, high school
dropouts for the world of work. The majority of State, County and local resources are
focused on "School to Career" and/or criminal justice "hqok 'em and book 'em" activities.
OCCC is focused on serving those young adults who are not in school and at- risk of
problem behaviors if not given the opportunity to succeed.
Our target population is low-income, at-risk, out-of-school, 16-21 year old Santa Ana
youth. These disadvantaged young adults are in need of academic remediation,
employment skills training, supportive services, career development assistance, and in
many cases, life skills training (e.g., money management, parenting, independent living,
and stress management training).
The typical OCCC cms is disadvantaged, at-risk, with limited job skills, little/no work
history and has below grade level educational skills. Crime, gang activity, teen
pregnancy, substance abuse and unemployment are only a few of the many challenges
faced by OCCC cms. In many cases, these young adults have disengaged from society.
It is imperative to educate and train this disadvantaged, at-risk population.
The OCCC takes a holistic approach to working with these young adults to provide them
with opportunities to develop their personal, professional, and educational skills. OCCC
addresses this need through work/learn community projects that engage cms in the
workforce, school and their community. Through a combination of classroom instruction,
on-the-job training and community service opportunities, OCCC facilitates the short-term
and long-term development of Santa Ana youth. OCCC enhances personal
development; facilitates the development and completion of educational goals; and
develops the work skills and work ethic to successfully enter today's labor market.
In addition, like many cities in Orange County, park maintenance, conservation and
preservation of Santa Ana recreation areas (parks and the Santa Ana Zoo) is becoming
more crucial as increased use, vandalism, and limited funding leave local public areas
in disrepair and unsafe. By completing the proposed work/learn projects, OCCC meets
13
,
.
a basic need, making Santa Ana public areas safer, cleaner and more enjoyable for
public use.
According to a recent University of California, Irvine survey, Orange County home
prices have risen 25-40% since 1996. The median price of a resale home is $250,000
and for a new home is over $350,000, well beyond the means of low-income, very low-
income or homeless County residents. Low apartment vacancy rates and increasing
rents are impacting affordable housing. The high price of land has limited construction
of affordable housing in Orange County.
OCCC's construction and rehabilitation occupational training project will help to increase
Jhe suppÍy of affordable housing for disadvantaged local residents while affording youth
the opportunity to develop marketable skills.
In addition to these program related accomplishments, OCCC's objectives also include:
. Facilitate and continue the development and support of the Santa Ana WORK
Center for the delivery of employment and training services to at-risk, youth;
. Facilitate and continue the development of a comprehensive youth delivery
system through the Santa Ana Youth Council that provides youth services to all
Santa Ana youth;
. Advocate for and with youth;
. Leverage youth serving resources;
. Increase capacities to serve youth;
. Create and sustain partnerships with business, parents, and others to serve
youth;
. Collaborate with the local labor market to develop a skilled labor pool; and
. Coordinate assistance for eligible WIA participants with supportive services,
career counseling and job placement assistance.
What is the length of the program?
The OCCC is an open entry and exit program. ~ progre~~ own rate based on
their individual needs and circumstances. A iD.1~1js of OCCC program
participation is recommended for Santa Ana WIA-eligible participants. Individual factors
and needs will vary and determine the length of time needed for participants to complete
one of the three proposed projects. Success is contingent on youth participation in the
full array of OCCC services to achieve long-term success and self-sufficiency.
How often will the WIA participant need to attend the program? (daily/weekly/monthly)
Santa Ana cms will participate in 36-40 hours per week of work and education activities.
Eight hours per day, Monday through Thursday, will be spent in hands-on OJT,
classroom occupational training and/or project work. One hour after work, Monday
through Thursday, will be spent in the classroom to further cms educational skills.
Those cms without a high school diploma will attend an additional four hours per week,
on Fridays, on additional coursework to earn a high school diploma through OCCC's
charter high school.
What is the ratio of adult interaction to WIA participant?
The minimum ratio of adults to youth participants will be 2:10. Santa Ana ems will be
under the supervision of an OCCC Crew Supervisor, OCCC Project Supervisor and/or
14
,
.
Training Supervisor. A WIA Coordinator will be hired to work with, monitor, coordinate
services and components, and to ensure the overall success of participants. OCCC
Teachers, Outreach Specialist, Transition Specialist, and other support staff will also be
on-site and may provide supervision and training as appropriate.
What is the frequency of adult interaction with WIA participant?
OCCC's adult staff will interact with WIA participants on a daily basis.
Goals/Objectives and Performance Levels
How many WIA youth will the program s~rve this year?
We propose to serve 50 youth, ages 16-21 during Program year 02-03.
Which WIA program element will you offer?
We propose to offer all 10 WIA program elements with primary focus on Elements #1 , 2,
3, 4, 5, 6, 8, and 9. Element #6, Leadership Development Opportunities, will be offered
via participation in OCCC's Corpsmember Council and/or OCCC Crew Leadership
opportunities with appropriate training. Element #10, Comprehensive Guidance and
Counseling, will be coordinated and provided by the OCCC Director of Corpsmember
Development and other assigned staff via referrals to OCCC's network of organizations
and professionals. that provide counseling and supportive services for anger
management, substance abuse, stress management :and other individual needs as
'appropriate.
How will service(s) be deemed necessary?
The OCCC WIA Coordinator and OCCC Outreach Specialist in tandem with the Santa
Ana WORK Center, will conduct an objective assessment interview as part of the intake
and assessment process to insure the development of an appropriate service plan for
each individual Santa Ana WIA-eligible youth.
The objective assessment will include the following:
. Basic Skills: Grade level assessment/score(s); administration of the TABE or
STAR test to determine grade level equivalencies; writing samples and basic
mathlreading tests to establish base line data and work samples; development of
an academic remediation plan or other educational achievement goals (e.g., high
school completion, GED preparation, etc.)
. Education: Years in school; level of education; and an assessment of
communication skills (i.e., verbal and written) and special needs
. Work History: Employer/company name, job title, wage, and reason for leaving
for paid, volunteer and internship work experiences.
Barriers to Employment: Lack of child care; child abuse; housing difficulties;
lack of family support; legal problems; on probation; must move soon; soon to be
parent; lack of motivation; lack of self confidence; discrimination; family violence;
foster child; single parent; low self-esteem; lack of food; homeless; problems with
children; inadequate clothing; runaway; alcohol or drug abuse; depression; heavy
family responsibilities; living in halfway house or shelter; family counseling needs;
personal counseling needs; and other barriers to acquiring and sustaining viable
employment.
. Occupational Interest: Conservation, recycling, construction, manual labor,
work outdoors, etc. The OCCC uses the COPS/COPES/CAPS to determine
15
,
.
individual cms work interests, values, and ethics for employment and career
planning.
. Previous Occupational Skills Acquired
. Job Search Skills Needed: Interview techniques, master employment
application, resume, dressing for success, internet job search, registering with
CalJobs and the WORK Center.
. Supportive Service Needs: To overcome barriers to employment and career
development.
. Referral(s) to Other Agencies: Agency name; contact person; contact
information; and type of service(s).
As a mentor and advocate for cms, the OCCC WIA Coordinator will guide and facilitate
individual cms development and training with the various OCCC staff involved and the
coordination of the various services provided through the Service Provider Network.
How will recruitment be coordinated with program activities?
Recruitment will be ongoing as at any given time, OCCC has a waiting list of 26-30
potential cms. OCCC has the demonstrated capacity to recruit cms from Santa Ana.
For the first nine months of FY 01/02, July 1, 2001 through March 31, 2002, the OCCC
has recruited and employed 64 Santa Ana youth.
As needed, outreach and recruitment activities will be coordinated by the OCCC WIA
Coordinator and OCCC Outreach Specialist in tandem with the Santa Ana WIB Service
Navigator. Outreach and recruitment will be conducted at Santa Ana youth serving
organizations, the Santa Ana WORK Center and/or OCCC headquarters as appropriate.
OCCC plans to establish an office (part time) at the Santa Ana WORK Center to
facilitate outreach and recruitment.
OCCC is an ongoing, open entry/open exit program successfully serving hundreds of
Orange County youth annually since 1993.
How will current services meet the needs of the 'VIA performance standards?-
With the OCCC WIA Coordinator and other support staff, Santa Ana cms will"aevebp
their Individual Service Plan of OCCC service strategies to facilitate workforce
preparedness that include:
. Career Goals: Short-term and long-telm.
. Employability Issues: Lack of work experience; limited English skills; health
issues; lack of clothing; lack of occupational tools; at-risk behavior(s); HS
dropout; disability; grooming/hygiene issues; lack of transportation; lack of
marketable skills, lack of education, etc.
Plan of Action to Overcome Employability Issues
Employability Enhancements: Educational attainment, i.e., basic skills
improvement, GED preparation, High School completion, pursuit of higher
education, vocational/occupational training completion, etc.
. Plan of Action and Timeframes to Reach Employment Goals
. Employment: Placement in and retention of unsubsidized employment;
consistent wage increases; and career development.
16
,
.
. Post Program Tracking and Services: Follow up services to remain employed,
resolve employer conflicts, supportive services, and post program activities and
accomplishments
OCCC service strategies are designed to meet and/or exceed WIA performance
standards.
Will the participant receive a certificate of completion or accomplishment for participation?
All OCCC Santa Ana cms will receive certificates of completion documenting their
successful participation and completion of the Corps program and achievement of other
milestones attained while working for OCCC.
How will continuous improvement be conducted?
OCCC is committed to TOM (total quality management). We frequently solicit input from
our internal and external customers:
. To gauge and assess our program's impact;
. To establish appropriate benchmarks for monitoring;
. To determine performance goals and measures of success; and
. To respond appropriately to the diverse needs of our target population, sponsors,
and funders. .
'We periodically conduct customer satisfaction surveys to identify unserved needs, client
and sponsor satisfaction, and to facilitate development of strategies, programs and
resources to address identified needs. OCCC's Corps member Council is also a source
of frequent, significant and timely participant input. Council participation also develops
Corpsmember leadership skills.
In addition, the OCCC Executive Director through his yearly Workplan establishes
baselines, benchmarks, performance goals, measures of success and outcome goals
which are monitored and evaluated monthly by the OCCC Board of Directors.
Corrective actions are planned and implemented accordingly.
The OCCC has been recognized by the National Association of Service and
Conservation Corps as one of 14 corps in the nation for Excellence in Corps Operations
(ECO Corps Award) for 2001. The OCCC was also recently designated as a PEPNet
(Promising and Effective Practices Network) Builder by the National Youth Employment
Coalition. To earn these two designations, OCCC has had to demonstrate a
commitment to a process of continuous improvement by the organization.
Program Description (use attachment A)
Describe the overall services that will be made available to the WIA participant?
Our overall services made available to Santa Ana WIA participants enrolled in OCCC's
program will include parks maintenance or housing rehabilitation and construction work
experience, internship placements, occupational classroom training, employment skills
development, job search training, leadership development, high school completion,
GED preparation and supportive services to facilitate the transition from OCCC's
comprehensive employment, education and training program to long-term academic
achievement and viable employment.
17
,
.
All 50 Santa Ana Corpsmembers will complete an education curriculum consisting of the
following:
. Job Specific Skills Training: proper tool use; safe work practices; CPR and First
Aid; leadership training; computer skills; project specific and related job skills.
. Employment Search Skills Training: skills inventory; local labor market
information; job search, referral and application preparation; resume preparation;
portfolio development; interview techniques; and job placement and retention skills
training.
Educational Training: daily high school education classes and/or academic
remediation classes; Math, Reading, Government, Geography, Economics, Health,
History, World History, Science, Fine Arts and English (CA State Standards)
instruction; bilingual education as needed; and educational field trips.
. Leadership Skills: Character Education Course (Ethics, Honesty, Teambuilding,
Virtues, Self Discipline, Compassion, Perseverance and Role Model Essays); OCCC
Leadership Council participation; tutoring and mentoring of other Corpsmembers;
and opportunities for responsibility (Tool Person, Safety Person, Assistant Crew
Leader and Crew Leader positions).
. Life Skills: time management; substance abuse awareness; health issues;
consumerism; anger management; money management/budgeting; and banking.
. Positive Work Ethic: attendance/punctuality; following rules and directions; people
skills; accepting responsibility; appearance; and emplòyer expectations.
.. Conservation Awareness: recycling and conservation.
. Community Activism: good citizenship; voter registration; civics; Street Law
SR22/curfew; how a bill becomes a law; Selective Service registration; volunteer
weekend work projects.
OCCC is affiliated with the California Charter Academy and operates a charter school
campus where those cms without a high school diploma can earn high school credits
while working for OCCC. Cms, supported by OCCC project and academic staff, are
encouraged to complete the required coursework to earn their high school diploma
through the OCCC charter school. Corpsmembers who have achieved a high school
diploma are expected to pursue other educational goals, e.g., community college
attendance, Regional Occupational Program participation, vocational or trade training,
etc.
I11ustrate how the organization will interface with the Santa Ana W/O/RIK Center and how
the participant flow will occur and how parent involvement will be incorporated.
Include the following categories:
Outreach / Recruitment / Eligibility Determination
Outreach and recruitment activities will be ongoing as needed as, at any given time,
OCCC has a waiting list of 25-30 potential cms anxious to participate in the positive
Corps experience. Outreach and recruitment activities may include networking with local
agencies such as Probation and the Santa Ana Police Department, advertisements, job
flyers, job fairs, door hangers, and canvassing places like local malls, parks, and
businesses where youth 'hang-out'. OCCC will establish an office at the WORK Center
to facilitate outreach and recruitment activities. Those youth determined to be potential
Santa Ana WIA-eligible youth will be referred to the Santa Ana WORK Center navigator
for eligibility determination.
18
,
.
OCCC will also accept referrals of potential cms from the Santa Ana WORK Center
navigator, TSJ, and other youth service providers. OCCC will conduct an initial
assessment to determine the potential cms' suitability for participation in the OCCC
program. The OCCC WIA Coordinator will work with the WORK Center to ensure all
information is collected and processed in a timely manner to ensure eligibility and
prompt delivery of services.
Intake / Assessment
Once determined suitable for participation in OCCC's comprehensive youth
development program, the OCCC WIA' Coordinator will conduct an initial intake and
assessment:
. To ascertain the participant's supportive service needs;
. To determine academic needs;
. To develop an appropriate educational development plan (e.g., enrollment in the
Charter School for high school completion or ROP; GED preparation schedule,
etc.);
. To develop an individual service plan;
. To select a suitable occupational training component (Santa Ana Parks
Maintenance or Construction); and
. To be oriented to the OCCC experience.
Case Management .
In addition to conducting the cms' initial intake and assessment, the OCCC WIA
Coordinator will be responsible for weekly monitoring of each Santa Ana cms' training
and work performance. They will also meet with the Corpsmember on a weekly basis.
Case management activities will be conducted more frequently as needed on a case-
by-case basis.
The WIA Coordinator will quickly resolve issues as they arise, make and/or facilitate
appropriate supportive service referrals, and follow-up on referrals to facilitate
successful program participation and completion. The OCCC WIA Coordinator will
advocate on behalf of Santa Ana participants and also act as a liaison between OCCC
and the Santa Ana WORK Center navigator.
Program Services / Parent involvement
In our nine years of experience of providing services for at-risk youth, we have found
that there is little parental involvement with youth at this age level and background.
Therefore, OCCC anticipates little to no involvement by the parents of the youth enrolled
in our proposed program. However, the OCCC WIA Coordinator will make every
attempt to involve parents in the program to determine participant needs, eligibility,
program success, and seek parent input into program design. OCCC will use a variety
of methods to gain parent involvement including phone calls, appointments, home visits,
surveys, recognition ceremonies and other activities that will include and promote
family/parent involvement.
Placement in Jobs or Continuing Education
As Corpsmembers near completion of OCCC participation, OCCC will assist with
employment search, referral and placement. The OCCC Transition Specialist will be
19
,
.
responsible for assisting cms with job placements and school enrollment. This staff
person will also work to expand the OCCC's current network of employers and
educational organizations to further facilitate and improve these post program
placements. In tandem with the OCCC WIA Coordinator, the OCCC Director of Cms
Development and other assigned staff will also be responsible for expanding OCCC's
current supportive service network designed to overcome identified barriers to
employment. Supportive service network expansion will include establishing the rapport
necessary to facilitate effective referral and follow-up with childcare providers,
apprenticeship programs, social service agencies, transportation providers, vocational
training schools, substance abuse counseling, housing, food, emergency services, etc.
Follow-up
OCCC will conduct 3D-day, gO-day, 6-month and 12-month follow-ups with OCCC
graduates. The WIA Coordinator working with the Transition Specialist will contact both
the participant and the employer. Assistance will be provided to overcome any barriers
to employment retention, address and/or resolve problems or issues affecting job
performance, and to offer OCCC support and encouragement. Corpsmembers are
encouraged to return to OCCC for job search assistance, counseling, employment
retention skills reinforcement, and to complete high school requirements for graduation.
OCCC conducts monthly alumni meetings to afford graduates the opportunity to network
and receive assistance from OCCC education and case management staff.
Unemployed Corps graduates in good standing, I.e., saUsfactory work performance and
attendance, will be eligible for OCCC rehire and further OCCC participation.
Facilities
From where will program services be delivered?
How has the organization assured that the
environment?
The OCCC WIA Coordinator will have overall
locations are safe and youth friendly.
Program services will be delivered from a variety of locations. OCCC will deliver
outreach, recruitment, administrative, and educational services at its main office in
Anaheim. Additional outreach and recruitment will be delivered at the WORK Center,
TSJ, and other youth service provider locations. Each individual organization will be
responsible for ensuring their location is safe and youth friendly.
location is a safe and youth friendly
responsibility for ensuring that project
Park projects will be completed in 34 parks in Santa Ana. City park personnel and
OCCC Crew Supervisors are responsible for ensuring the safety of park projects.
Internships will be provided at various employer locations. The OCCC WIA Coordinator
will make site visits to ensure locations are safe and youth friendly.
Construction and housing rehabilitation projects will also be provided at various project
sites. OCCC Crew Supervisors will have the responsibility to ensure project sites are
safe and youth friendly.
Attachment B Program }'Ianning Form
PROVIDEU, WORK PLAN
List below the objectives of your project, the activities to accomplish those objectives, the organization responsible for the activity, and the start and
completion date.
RESPONSIBLE START END
OBJECTIVES ACTIVITIES ORGANIZATION DATE DATE
Outreach/Recruitment/Ells ibility Flyers, presentations to CBOs, EDD, SAWC, youth s.ßrvice OCCCfTSJ All activities
providers, job fairs, community events. will start 5102
ParticipanValumnilCBO referrals and will be
ongoing since
Canvas selected neighborhoods with door hangers/fiyers OCCC the OCCC is
an open entry
Visit local malls and other youth "hang-outs" and open exit
program
Eligibility Determination Completion of Santa Ana WIB eligibility documentation. SAWC
Work Application OCCCfTSJ/SAWC
Intake/Assessment Interviews
Academic assessments/eligibility review
Individual service plan including educational goals. OCCC
Program Services/
Educational Component/ Enroll in charter school for HS diploma
Occupational Skills Training/
OJT Complete Orientation
Placement in selected program/crew
-.
.
5
Paid work experience
Classroom/project training
Benchmark and milestone celebrations
Provide transportation
Case Management Assess employmenUschool barriers OCCC
Goal setting/planning
Scheduled meetings with OCCC WlA Coordinator
Provide support services/referrals
-
Track attendance/punctuality and work/classroom
performance
EmployabHity/pre-employment workshops/employer site visits
COPS/COPES/CAPS testing
Placement in Jobs or Continuing Job search OCCC
Education Register with CaIJobs/SAWC
Job referrals/placement
Local labor market networking,
Continuing education at OCCC
Assist with enrollment for additional training and/or post
secondmy education
Follow-up Employer/Cms Ongoing adult mentôring/coaching/support services OCCC
Tracking
Site visits
.
6
.
.
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:
1.
2.
j.
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:
a.
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 èxperiences 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.
b.
c.
d.
e.
f.
g.
h.
i.
.
.
3.
Contractor shall establish at least one goal for each participant as
related to the elements identified in their 155. 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 155.
4.
Contractor shall provide an enrollment orientation for each
participant which at the minimum includes the following information:
a.
b.
c.
d.
e.
f.
Program goals and objectives
Length of program period
Complaint handling procedures
Available supportive services
Anticipated exit date
Hands-on orientation at the Santa Ana WORK Center
Participant orientation shall be documented and placed in
participant's file. An orientation of the Santa Ana W /O/RIK Center
will also be provided.
5.
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 (WIB).
6.
Contractor shall maintain daily, weekly, and monthly classroom and
internship training time and attendance records for all participants.
Copies of attendance records shall be placed in participant's file
upon completion of program.
7.
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.
8.
Contractor shall maintain and share with other Youth partners the
Individual Service Strategy (155) for each participant from time of
enrollment through and including twelve (12) months after he/she is
exited from the program.
9.
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
10.
11.
12.
13.
-.
.
evaluation listed in the training curriculum verified and approved by
the Santa Ana WIB.
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.
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.
Contractor shall report on progress of program to Youth Council on
a regular basis as determined by contractor and City staff.
Contractor shall follow and abide by the 'proposal submitted and
approved by the 'santa Ana Workforce Investment Board. Any
changes to the proposal must be submitted in writing to the Santa
Ana WIB 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 under WIA ........................................................................:..........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 WIA TERMS ..""""""""""""""""""""""""""""""""""""""""""""""""""" 18
.
.
I.
Information Regarding Complaints
A.
Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Investment Act (WIA), the City of
Santa Ana Local Workforce Investment Area (LWIA) will establish programs to
prepare youth and unskilled adults for entry into the labor force and to afford
job training to those individuals facing serious barriers to employment. Every
effort will be made to provide services necessary for eligible individuals to
obtain productive employment.
In implementing WIA, all contractors in the Santa Ana LWIA will foster equal
opportunity and non-discrimination, as provided in State and Federal equal
opportunity and non-discrimination laws including, but not limited to:
. Title VI of the Civil Rights Act of 1964
. Title VII of the Civil Rights Act of 1964
. The Age Discrimination Act of 1975, as amended
. Section 503 of the Rehabilitation Act of 1973
. Section 504 of the Rehabilitation Act of 1973
. Title IX of the Education Amendments of 1972
. Section 188 of the Workforce Investment Act of 1998
In keeping with our commitment, no individual shall be excluded from
participation in, denied benefits of, subjected to discrimination under, or denied
employment, in the administration or of in connection with any WIA funded
program because of race, color, religion, sex, national origin, age, handicap, or
political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part
under WIA shall be open to citizens and nationals of the United States, lawfully
admitted permanent resident aliens, lawfully admitted refugee, parolees, and
other individuals authorized by the Attorney General to work in the United
States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or
participating in any manner in an investigation, compliance review, hearing, or
any other activity related to the administration of WIA.
2
8
.
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
2.
Civil Rights
No one applying for or enrolled in the Workforce Investment Act (WIA)
Programs may be discriminated against because of race, color, creed;
handicap, national origin, sex, age, political affiliation, or beliefs.
This means that - for any of the characteristics listed above:
You may not be denied the opportunity to enroll in WIA.
No benefits or services 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 WIA 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
.
.
3.
Nondiscrimination Laws under WIA
Title VI of the Civil Riahts Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or
religion.
The Aae 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 Riahts 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 bv 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 Pav Act of 1963
Prohibits pay differential solely because of sex.
4
.
I
Emerqency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, politìcal
affiliation, or beliefs.
4.
How to File Your Complaint
a.
b.
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.
c.
d.
.. .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
.
I
It is unlawful for an employer, union, or employment agency to punish you or
any witness for attempting to present the facts in a case.
YOUR CIVIL RIGHTS UNDER THE
WORKFORCE INVESTMENT ACT
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
(714) 565-2600
B.
Criminal Complaints
In accordance with the WIA (P.L. 105-200) and the implementing code of Federal
section 667.600.... Federal handling of criminal complaints and report 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
II.
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 LWIA.
A complaint is defined here as a written expression by a party alleging a violation of the
Act, regulations promulgated under the Act, recipient grants, 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
.
I
procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion
and resolution of any problems outside of and without resort to the formal complaint
procedure.
A.
The following principles and rules apply to all complaints at all steps of the complaint
procedures:
1.
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.
2.
3.
Complainants shall have the right to be represented at their own expense by
person(s) of their choosing at all levels of the complaint process.
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.
4.
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 regardina terms and
conditions of emplovment of any employee who is not a participant. as defined
herein.
5.
If a complaint does not receive a decision at the LWIA grant recipient level
within 60 days of filing the complaint or receives an unsatisfactory decision,
the complainant then has a right to request a review of the complaint by the
Governor.
7
6.
.
I
Complainants must initially file and exhaust LWIA grant recipienUhearing
procedures prior to appealing to the State except where the State determines
that the LWIA grant recipient's procedures are not in compliance with the
State's procedures.
III.
Procedures for Handling Complaints at the LWIA Level
A.
Receipt 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 L WIA Equal Employment
Opportunity Officer shall be considered as a request for hearing and a
decision must be issued within 60 days. The complaint must be in writing and
must be signed and dated. The complaint should also contain the following
information:
a.
Full name, telephone number, if any, and mailing address of the
complainant;
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.
b.
c.
d.
e.
f.
8
.
I
The absence of any of the requested information shall not be a basis for
dismissing the complaint.
A copy of the complaint must be sent to the respondent and both parties
notified of the opportunity for an informal resolution. At each step of the
complaint process, the complainant must be notified in writing of the next
procedural step.
2.
Informal Conference
Informal conferences will be utilized by the Santa Ana LWIA to resolve
complaints; however, such informal conferences shall not extend the time
within which a decision must be issued after receipt of a complaint. Attempts
at informal resolution will commence with two (2) weeks of the date of filing of
the complaint.
a.
The EEO Officer will review the case and ascertain facts prior to the
conference so that appropriate resolution can take place at the time of
this meeting whenever possible.
b.
Although the 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.
c.
d.
If resolution does not result, the complainant shall be provided the
necessary information and assistance to request a hearing if he/she so
desires.
3.
Request for Hearing
a.
As in the case of the complaint, the request for a hearing should be put
in writing and be filed in person or by mail. A governing board
resolution of authorization to appeal should also be submitted when
appropriate. The request should be filed with:
Lydia H. Morgan
EEO Officer
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, CA 92701
9
.
8
b.
A hearing will be scheduled by the EEO Officer within thirty (30) days of
the date of filing of the complaint.
4.
Notice of Hearing
Upon receipt of the request for hearing, the complainant and the respondent
will be notified in writing of the hearing ten (10) calendar days prior to the date
of the hearing. The ten-day notice may be shortened with the written consent
of the parties. A decision will be issued by the Santa Ana LWIA within sixty
(60) days of the date of filing of the complaint.
The hearing notice shall be in writing and contain the following information:
a.
The date of notice, name of the complainant, and the name of the party
against whom the complaint is filed.
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 LWIA Equal
Employment Opportunities (EEO) Officer who can answer inquiries.
b.
c.
d.
B.
Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence
not applicable. Unnecessary technicalities should be avoided. It should provide the
flexibility to enable adjustment to the circumstances presented.
1.
The hearing officer shall have complete independence to obtain facts and
make decisions. The hearing officer shall be in a position to render impartial
decisions and thus should not be subordinate to the Santa Ana LWIA or its
subrecipients. The hearing officer will be selected from a list of names on file
with the EEO Officer.
2.
Full regard must be given to the requirements of due process to insure a fair
and impartial hearing.
3.
The hearing office designated by the EEO Officer to function in a quasi-judicial
capacity should begin the hearing by summarizing the record and the issue
and should explain the manner in which the hearing will be conducted, making
sure that everyone involved understands the proceedings. Such explanations
should be adapted to the needs of the specific situation. The hearing officer
might take testimony under oath or affirmation to give some assurance of
veracity to the hearing.
10
.
.
4.
The burden of proof should be reasonable and flexible, dependent upon the
circumstances of the case involved. The hearing officer determines the order
of proof. Generally, the party making the complaint has the obligation of
establishing his or her case and should be examined first.
5.
The party involved should have the right to be represented (at their own
expense) if he/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.
6.
It is important that the hearing officer obtain the fullest information for the
record. If the parties involved, or their representatives, do not know how to
ask the right or pertinent questions in pursuing their right to due process, it
shall be necessary for the hearing officer to step in to have all the materials
and relevant facts elicited.
7.
The practice in informal hearings is generally not to apply strict rules of
evidence in obtaining facts. However, the quantity of evidence required to
support a decision on an issue should be sufficiently credible that the state (or
other appropriate agency), upon reviewing the decision, would conclude that
the decision is supported by substantial evidence.
8.
The hearing officer should attempt to negotiate a resolution of the issue at any
time prior to the conclusion of the hearing.
9.
Within ten (10) days of the conclusion of the hearing, the hearing officer will
issue a recommended decision to the L WIA for final determination. The
recommended decision shall be in writing and may be accepted, rejected or
modified by the Santa Ana Workforce Investment Board.
c.
Issuance of Decision
Within sixty (60) calendar days of filing of the complaint, the Santa Ana L WIA shall
issue a written decision to all parties by first class mail. The final decision shall
contain the following information:
1. The name of the parties involved.
2. A statement of the alleged violation and issues related to the alleged violation.
3. A statement of the facts.
4. The decision and the reasons for the decision.
5. A statement of corrective action, if any, to be taken.
6. Notice of the right to request, within ten (10) calendar days of receipt of the
decision, a reyiew of the decision by the State Review Panel.
11
.
.
D.
Record of Hearing
An administrative file containing support documents on the complaint resolution
process hearing conducted will be retained by the Santa Ana LWIA. The purpose of
a record is to serve as substantiation of the process followed by the Santa Ana LWIA
on the resolution of the issues and the results. This information would then be
available for subsequent review in the event the matter is raised with the State. Such
records must be retained for a three-year period after the grant has been officially
closed out.
The Santa Ana LWIA's written decision will be included in the record. Evidence
received at the hearing, notes by the hearing officer, stenographer's notes and tape
recordings may also be used. .
E.
Establishment of Complaint Procedures
In accordance with Section 667.600, each employing agency including private-for-
profit employers of participants under the Act is required to establish a complaint
procedure for resolving matters relating to the terms and conditions of employment.
Employers may operate their own grievance system or may utilize the Santa Ana
LWIA's established procedures under Section 667.600. At a minimum these
procedures must include:
1. Written notice, upon enrollment into employment training services, of the scope
and availability of such procedures. Employer's grievance procedures shall be
set forth in a written document and must meet the regulation mandate that a
complaint will be resolved with sixty (60) days from the date the complaint was
filed. A copy of employer's grievance procedure shall be provided to each
participant upon enrollment in employment training.
2. Written notice, at the time the grievance is filed, of the procedures under which
the grievance will be processed.
3. Written notification of the disposition of the grievance and a written decision shall
be issued within thirty (30) days of the filing of the grievance unless a present and
long established grievance specifically provides other limits; and
4. Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWIA and the State Review Panel in accordance with
Section 667.600.
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 (WID). The hearing
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A.
Form and Filing of Complaint.
1.
Request for State Review of LWIA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory
decision, the State shall provide for an independent state review.
2.
Filing of Requests for State Review
The State Review Panel shall review all LWIA level decisions when a request
for review is filed within 10 days of receipt of the adverse decision. Such
requests must be filed in writing with the Chief of the WI D Office. The request
for review should contain the following information:
b.
Full name, address, telephone number of the party requesting the
review
Full name, address, telephone number of the other party
A copy of the decision
Brief statement of reasons for review or the section of the LWIA
decision to be reviewed including regulatory and statutory citations
A statement of the relief sought.
a.
c.
d.
e.
13
B.
.
.
3.
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 LWIA hearing which
support the requested relief.
The Chief, WID, shall mail a copy of the request for review to the other party
and to the LWIA. It shall be the responsibility of the LWIA to submit the
complete record including a typed record of the hearing to the Chief, WID,
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 WID in writing and should include the following:
a.
Full name, address, and telephone number of the party requesting the
review
Name, address, and telephone number of the LWIA
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.
b.
c.
d.
3.
Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a
designated hearing officer will be scheduled.
14
.
.
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 deterrnination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must
be approved by the Secretary of Labor.
C.
State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the
WID, and one from the Director's office. The panel will issue a written decision,
which will be sent to the appropriate parties within thirty (30) days of receipt of the
request for State review.
Decisions issued by this panel, under the authority of the Governor, are final.
D.
Issuance of State Review Decision.
The State review will be limited to violations of the WIA, implementing WIA
regulations or the grant agreement. This review shall be limited to the record
established at the LWIA hearing.
Procedures for Handling Discrimination Complaints by Participants
v.
A.
Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within
180 days of the alleged occurrence.
1.
It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity
(EEO) Officer to determine jurisdiction and to make the complainant aware of
and provide assistance in filing a complaint in accordance with the Santa Ana
LWIA's procedure under Section II (A).
15
.
.
PROCEDURES FOR HANDLING NON-CRIMINAL COMPLAINTS
No later than 180
days of alleged -
discrimination
Handling of complaints filed at L WIA level arising in
connection with WIA programs operated by L WIAs
Informal Resolution Process
Filing of Complaint / Request for Hearing
Notice of Hearing issued by LWIA
w
c
b
~
~
b
~
Hearing Conducted
L WIA Decision within 60 days
Unsatisfactory Decision or L WIA Decision not
issued within 60 davs
Within 10 days of
receipt of
unsatisfactory
decision or 10 days
from date LWIA -
decision should have
been issued
Request for State Review
Governor's Decision issued by State Review
Panel
w
c
b
~
Ifno decision issued bv State Review Panel
Appeal to DOL
VI.
.
.
2.
In cases where areas of authority overlap, it is the responsibility of the EEO
Officer to advise the complainant of the existence of State, Federal and other
proper action agencies, which may also have a bearing.
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:
3.
4.
Lydia H. Morgan
EEO Officer
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, Ca 92701
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.
A.
2.
3.
1.
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.
2.
Procedures at the LWIA Level
1.
The complainant shall file his/her complaint directly with the Santa Ana LWIA.
Upon receipt of the complaint, the EEO Officer shall investigate and gather
information concerning the complaint.
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
1.
The complainant may appeal to the State if he/she is not satisfied with the
decision of the Santa Ana LWIA.
2.
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
LWIA's decision.
3.
The Chief-WID, 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.
4.
17
.
.
PROCEDURES FOR HANDLING HANDICAP COMPLAINTS
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
Request for Hearing
Notice of Hearing
Hearing Conducted
Day/45 Day
L WIA Decision
Unsatisfactory Decision or No Decision
State Review
Governor's Decision
60 Days
Filed within 30
days of
LWIA/State
Decision or 90 -
days from date of
initial filing of
complaints
Appeal to Assistant Secretary
Department of Labor
.
.
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 [elated
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
3)
.
.
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 oron 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 9fficer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contracts, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2)
If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
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.
Orange County Conservation Corps.
Grantee/Contractor Or anìzation
WTA - Vnuth
ignature
Richard J. Stroup, Executive Director
.
.
EXHIBIT E
Certification Reaardina Drua-Free Workplace Reauirements
The certification set out below is a material representation upon which reliance is placed by the
U.S. Department of Housing and Urban Development in awarding the grant. If it is later
determined that the contractor knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban
Development, in addition to any other remedies available to the Federal Government, may take
action authorized under the Drug-Free Workplace Act.
CERTIFICATION
A.
The contractor certifies that it will provide a drug-free workplace by:
(a)
(b)
(c)
(d)
(e)
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;
Establishing a drug-free awareness program to inform employees about -
(1 )
(2)
(3)
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;
(4)
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);
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.
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 la), (b), (c), (d), (e) and (f).
B.
The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code). the contractor further
certifies that, if it is subsequently determined that additional sites will be used for the
performance of work under the contract, it shall notify the U.S. Department of Housing
and Urban Development immediately upon the decision to use such additional sites by
submitting a revised "Place of Performance" form.
Dated:
w
.
.
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name:
Richard J. Stroup
Name of Contractor:
Orange County Conservation CorDs.
Contractor Number:
A2002-099
Date:
June 3, 2002
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):
700 N. Valley Street, #B
Anaheim, CA 92801
Santa Ana WORK Center
1000 E. Santa Ana Blvd. #200
Santa Ana, CA 92701
Various sites throughout Orange County
------r WIAlSantaAna Youth COU..!1~í'--_- ---- . r
'------, I ~----_.~_.
=-~:-- ---- -----S -
~GET -- I OUT-OF-SCHOOL IN-SCHOOL \
- ~-- -- --- 1-- Contract #A2002.()99 Contract #A2Q.92-098 ,TOTAL WlA
PERSONNE~ r I Administration P~ram Administration Program: I BUDGET
rSalaries: T
i Staff Salaries & Waaes 21.346.80 26,108.40 14,231.20 17,405.60 ; 79,092.00
IC~member Stipends 44.524.20 29,682.80 ! I 74,201.00
! . -
'Benefits: r -
I StatfTaxes & Benefits 2,697.00 1,182.00 1,198.00 5,186.00 17,465.00
---1----- C<Jrps",.,rn~!.J.8!'~!_, 9,123.00 . 6,082.00 15,205.00
, ; ; -
TOTAL PERSONNEL: ,I 24.043.80 87,531.130-1 16,O29.W ; 58,358.40 185,969.00
--L-L--l ; 'i -
OPERATING EXPENSES:' :-
r Vehicle Lease I 4,290.00 ' ; 2,860.00 : 7,150.00
-~- Indirect Costs : 34.393.W 22.928.80 . . ; 57,322.00
TOTAL BUDGET L-24.O43.80 126,220.80 16,029.20 84,147.20 , 2.50,441.00
I : I
TOTAL BUDGET PER CONTRACT 150,264.60 100,176.40
I '
TOTALBOTHCONTRACTS -In-.. 250,441.00 250,441.00
....
~
<0
..
.;:;
<0
<0
N
.r:;
N
<D
.....
';
<D
U1
g:
.
t'I
&
.....
cT
.....
rt
"':I
~
g
.
~
¡¡j'
<0
N
.
.
EXHIBIT G
PERFORMANCE STANDARDS
ynlJTH PROGRAM~
Name of Organization:
[ ]
[X]
In-School Youth
Out-of-School Youth
OrangA County Con~Arv",tion Corp
Contract #:
A?002-099
Program Year:
May 17 ?OO? - .hmA 30 2003
PROGRAM !;17F
Contract Amount:
$125 ??1
# of Participants Enrolled:
40
Cost per Participant: .$3..1JQ..
Performance Standards for Youth ages 19-21:
Entered Employment Rate:
fi5%
Employment Retention Rate:
R5% (m"'y include nAtwork rAferf::!I!\)
Earnings Gain:
$? 5RO
Credential Rate:
45%
Customer Satisfaction Rate:
Participants:
fifi%
Employers:
fi4%
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.
2)
ARTICLES
I)
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.
3)
Contractor assures and certifies that they are in good standipg 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.
4)
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 Workforce Investment Area's Board.
5)
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".
.;.cOIlD..
CERTIFICAT
F LIA8ILr!Y_INSU~~ --' O~A;I;';;;IQ
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION'
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
,"ODUCER
Andreini & Company
300 Esplanade, Suite 100
Oxnard, CA 93030
(805) 981-9585 F: (805) 981-0161
COMPANY
A
PHILADELPHIA INDEMNITY INS CO
,"SURED
ORANGE COUNTY CONSERVATION
CORPS FAX NO. 1(714)-956-1944
700 N. VALLEY STREET, STE. AB
ANAHEIM CA 92801
COMPANY
B
FUND
COMPANY
C
COMPANY
D
.'!lØýií:ii,jij!j!l:m,¡b{""".".,.",."",.,.,...""",.,.,.,'x,'x",'"""""""""""""""""""""",,"'",""",',',',',",',.,."..",.".."...".."...,.,.....,'it/,..."...,..".,."...,...,....,..."., """""""""""'.""',?""""',"""""""...,.,.,.,.,...,.,."""""';.",.,."....,.....",.,."""'....'. ...'"';;¡\'it;"..".,,,.,')\f't'f't(..,., \HIfF;fl?'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS,
EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
CD
LTR
TYPE DF ,"SURANCE
POUtY NUMBER
POLICY EFFECTM! POUCY ""'A11ON
DA'" IMUlDDIYV) DA'" IMMlDDIYV)
UMITS
A AUTaIlO.'" LIABILITY
ANY AUTO
,AlL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
PHPK055497
07/20/03 07/20/04 GENERAL AGGREGATE
PRODUCTS - COMPIOP AGG
PERSONAL. ADV I/WAY
EACH OCCURRENCE
FIRE DAMAGE IMy "" "'1
MED EX!' IMy "". po'..'1
07/20/03 07/20/04 COMBINED SINGLE LIMIT &1,000.000
BOD" IN..\JAY
IP" po""'1
FORM BODILY I/WAY
IP" .cc.'"~
PHPKO5S497
PROPERTY DAMAGE
UMBRELLA FORM
O"'ER T1iAN UMBRELlA FORM
B WORKERS CDMPENSA11ON AND
EMPLOYEnS' LIABILITY
46-012055-03
06/01/03
AUTO ONLY. EA ACCIDENT
O"'ER "'AN AUTO ONLY'
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
PHUBO21098
07/20/03 07/20/04
"'E PROPRIETOfI/
PAATNERSÆXECUTIVE
OFFICERS ARE'
O"'ER
,"Cl
EXCl
EL EACH ACCIDENT
B. D~EASE . POliCY LIMIT
B. D~EASE - EA EMPLOm
A
AUTO PHYSICAL
DAMAGE
PHPK055497
07/20/03 07/20/04 DEDUCTIBLE
DEDUCTIBLE
1,000 COMP
1,000 COLL
DESCRIPTION OF OPERA11ONII\.OCA11ONSlVEHICLß/SPECIAL ITEMS
RE: GENERAL LIABILITY COVERAGE-THE CERT HOLDER ITS OFFICERS, EMPLOYEES
AGENTS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSUREDS WITH
RESPECT TO THE OPERATIONS OF THE NAMED INSURED. ADDITIONAL INSURED
ENDORSEMENT,ATTCHED.*10 DAY NOTICE OF CANCEL FOR NON-PAY SHALL APPLY.
CITY OF SANTA ANA
ATTN:ESTHER AKHAVAN/PARK PLANNING
888 W. SANTA ANA BLVD., STE 200
SANTA ANA CA 92701
:'..,j¡jik¡
.
.
AJ.)])lTIONAL rNSUREtI._~)2ÖRSEMEJIT
FOR COMMERCIAL OENERAL LtAEsILITY ¡>OLXCY
InsuranocCompBtlY p~n"t""J;'~i" I'1~'1nR<;9 C~~
This endol'iement modifics such insurance as ili afforded by the pro\>i~ion.~ of 'Polioy
# PMPKO55497 relatingtotheful1oWÎn¡¡:
¡. 1M CitY of Santa Ana, 20 Civic Center P1aza, SantA Ana, California 92701; its
officers. employees, a~ent$. volunteers and tepresentativèS are n(¡med as additional insureds
("¡¡ddiìional insums") wi1h regard to liability and defense of suits arising Crom the opcrodons
and uses perfonned by OT on behalf of the named ins\\red.
2. With respect to claims arising out of the operntions and uses performed by Or on
behalf ofilie named il,'),SuTed, suth jns\!rance as Is afforded by this policy is primary nnd is not
additional to or contributinS with any other insurànce ea.rried by or for tho benefit of1hc
additionalinsureds. Unless thè c3,ty ilò \1rossly negligent.
3, This insuranoc applioo separately to e¡o.ch InSUt'ed against whom claim is made Of
suh is brought except Wiib xaspect to the company's limits of liabilhy. The inclusion of any
person or organization as an inS\lred shall nOt affect any right which such person or organization
would nave as a. cla.irneJ.lt ¡Cnol so induded.
4. With respect to the additional insureds, tbls ÎnsW'a.I1ce shall not be éðllCdled, or
mJilteIia.lly redllced in CO"etage 0, limits excèpt after thhty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center PlílZa, 551lta Ana, California 92701.
(Completion ofÛle following, includtns eowtc;rsignatufc, is requirc:d to rooke this endorsement
effective.)
Effective -:J./..2JJ/.IJ:J. ' this endorsement form as a part of
Policy# PHPKOãli197
lssuedto~c Ce!1:I '!':} e w'Ñ,:I:
~~~" on"..~ ",~~a rii~~d"
Counu:rsigned by
A urn! ~nt~uP1.l
GO 'd
'ON XIJ.:I
l.Jd G!:GO 3m £OOG-GO-d3S
. '
.
.
. .
,
POLICY NUMBER:PHPK055497
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF SANTA ANA
ATTN: ESTHER AKHAVAN/PARK PLANNING
888 W. SANTA ANA BLVD., $TE 200
SANTA ANA, CA 92701
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 2611 85
Copyright, Insurance §.ervices Office. Inc.. 1984
.-
,¡~
ANDREINI &: COMPANY
In,oconee / R»k M,n'g,mw, / Employee Bw,""
.
.
ACORD FORM 25-S - CONTINUED...
IT IS AGREED THAT ANY INSURANCE MAINTAINED BY THE CITY OF
SANTA ANA SHAll APPLY IN EXCESS OF, AND NOT CONTRIBUTE WITH,
INSURANCE PROVIDED BY THIS POLICY EXCEPT IN THE CASE OF SOLE
NEGLIGENCE OR WillFUL MISCONDUCT BY THE CITY OF SANTA ANA.
300 Esplanade, 5mle 100, Oxna,d, CA 93030
Licen" 0208825 805/981-9585 FAX 805/981-0161
CERTHOLDER COpy
STATE P.O. BOX 420807, SAN FRANCISCO. CA94142-0807
COMPENSATION
'NSURANce
F=U N C CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 12-02-2003
GROUP: 000046
POLICY NUMBER: 12055-2003
CERTIFICATE ID: 48
CERTIFICATE EXPIRES: 06-01-2004
06-01-2003/06 -01-2004
,1- .2003-/ &3
--------- "'A - ifoo3 - ;253
CITY OF SANTA ~~
ATTN: KIM P"F.T""F.~ . \ '\
20 ClVîë CENTER PLAZA
SANTA ANA CA 92701
JOB: ALL OPERATIONS
This is to certify that we have issued a valid Worker's Compensation insurance policy in a fonn approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its nonnal expiration.
This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, tenn or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain. the insurance afforded by the policies
described herein is subject to all the tenns. exclusions, and conditions, of such policies.
~
,&~ C
()£
AUTHOR"ED REPRESENT A TlVE
PRESODENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1586 - VOLUNTEER COVERED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-01-2003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
?~C>~ ,
-:Ç'i::L
% I" ~G""><C
""-C>.--
O"--'C-~
-\"'- ~ S ToT'" G -I .;=
b
i='-<-
\1:\ E: o-J"o
iL. \~
ÇT\\-~ c:..~.~"
~
~.:...c-... '<-<.
I
~,~
APPROVED AS TO FORM
- 6~£--
'\SSiWll1t Cily AllCrl1CV
1<;'
EMPLOYER
ORANGE COUNTY CONSERVATION CORP.
CORP.)
700 N VALLEY ST STE B
ANAHEIM CA 92801
(A NON PROFIT
SCOF 1O262E
-~"", o:enruœ.. ""'. yo" -. ..., ~- 'h",eo', 'OFFOCIAL STATE FUND DOCUMENT'
W'\¡'iii'~b'12"2-20"
PAGE 1 0",