Loading...
HomeMy WebLinkAboutWEB WISE KIDS-2008iNSU~ANCE ON FILE WORK MAY paOCEED ~,CL~RK OF COUNCIL CONSULTANT AGREEMENT ~- naT~' OCT 2 ~ 2008 A-2008-264 C , ~ THIS AGREEMENT, made and entered into this 6'" day of October, 2008 by and Z c.~ ~ ~ ~ ~ ~~~ between WEB WISE KIDS (hereinafter "Consultant"), and the City of Santa Ana, a charter city ~ and municipal corporation organized and existing under the Constitution and laws of the State of ~ alifornia (hereinafter "City"). ~lt~ s ~~ E~ ~ ~h~ REC'iTAi.S A. The City desires to retain a consultant having special skill and knowledge in the field of Internet safety procedures and processes. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. City, acting through the Santa Ana Police Department, has applied for, received and accepted a FY08 Byrne Discretionary Grant from the federal Department of Justice, Office of Justice Programs to provide an Internet safety program for Santa Ana youth and teens. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide the "MISSING" program to schools in the Santa Ana, to inform children of the dangers which may arise in online communications, and help teens understand how to protect themselves from online predators, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $89,435.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement maybe extended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Santa Ana Police Department Cmdr William Nimmo 60 Civic Center Plaza Santa Ana, California 92701-4060 Fax 714- 245-8770 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: Web Wise Kids Monique Nelson, Executive Vice President P.O. Box 27203 Santa Ana, CA 92799 Tel: 714-435-2885 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. CONSULTANT CERTIFICATIONS a. Consultant shall comply with the provisions of the Grant letter dated August 4, 2008, attached hereto as Exhibit C, and incorporated by this reference. 6 b. Audit Records -With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. 17. 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: /~ ~~ PATRICIA E. HEALY Clerk of the Council CITY OF S TA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Laura Sheedy Assistant City Attorney WEB WISE KIDS l7~- ~~"~ NI NELSON Chief Operating Officer Tax ID # ~3 -Ci' 9-5~~'~~/ EXHIBIT A SCOPE OF SERVICES The Santa Ana Police Department has enlisted the assistance of Web Wise Kids to implement the MISSING Internet Protection Program. The purpose of this program is to educate youth in Santa Ana schools to make wise choices when using the Internet, thereby reducing or eliminating their risk of being victimized online. Project funding will provide classroom materials for youth in grades 6, 7, and 8 in and hands-on training for the teachers and others who will lead the program in the schools. O~TECTIVE PROTECT ACTIVITIES PERFORMANCE MEASiIRES 1) Recruit 50 schools to participate 1. WWK will initiate and develop 1. Percent of schools participating in in the MISSING Internet Protection partnerships with school officials the program. Program. and teachers to find schools interested in participating in the program. 2) Conduct 2 teacher training events 1. Santa Ana P.D. will schedule 1. Percent of participating teachers to train 50 teachers training events and invite in attendance at training events. participating teachers to attend 2. Percent of training events these trainings. conducted by WWK. 2. WWK will travel to Santa Ana to conduct trainin events 3) Deliver all necessary MISSING 1. All individuals attending a 1. Percent of teachers receiving a kit resource materials to trained training will receive a full of resource materials. teachers MISSING Internet Protection Project kit, including a lab set of the MISSING game on CD-Rom, teacher guide, answer key, reproducible student guide, pre and post project activities, and more. 4) Students will use the MISSING 1. Trained teachers will 1. Number of students reached by Internet Protection Program in implement program with their the program. Santa Ana, California. students. 5) Offer ongoing technical 1. Provide trained teachers with 1. Percent of project participants assistance to everyone who receives contact information to access who contact WWK with support a copy of the program so that the ongoing support from WWK staff. needs. program can continue to be used by 2. Provide ongoing support on an groups of students now and in the as-needed basis for program usage future. and troubleshooting, implementation protocols and best practices. 6) Collect data from teachers and 1. Those who attend training 1. Percent of teachers/community students to measure project events will be asked to fill out leaders who considered the training effectiveness. evaluation forms to reveal their events helpful. level of satisfaction with the 2. Number of youth completing the content and quality of the surveys. trainings. 3. Number and Percent of youth 2. Trained project facilitators exhibiting a change in at-risk (including teachers and those from Internet behaviors. the community) have their students complete an online pre- and post- web safety survey to measure changes in targeted behaviors in participating youth. Budget and Narrative A. PERSONNEL Project Manager $15,408.00 Responsibilities: Will initiate and develop partnerships with school officials and teachers and coordinate efforts with senior level staff. Overall project coordination, including supervision of staff, administrative oversight, monitoring budget and preparing all reports necessary to the project. Trainer: $13,750.00 Responsibilities: Schedules, prep training sessions, including registration, facility arrangements, material distribution, and development of the train-the-trainers sessions in collaboration with the Project Manager. Support Staff: Molly Moore $4,280.00 Responsibilities: Assists the Project Manager and trainer to schedule travel, make food arrangements for the training sessions, Enters information into WWK's data bases of all attendees and schools with program license agreements. Chief Operations Officer: Monique Nelson $17,976.00 Responsibilities: Management staff will supervise the Project Manager, ensure that reports are completed in a timely manner, ensure that the project stays within budget, initiate, formalize and nurture national partnerships, and provide overall grant management and oversight. Project Manager SAPD: Commander William $2,496.00 Nimmo Responsibilities: Ensure that reports are completed in a timely manner, ensure that the project stays within budget, initiate, and provide overall grant management and oversight. SUB-TOTAL FOR PERSONNEL $53,910.00 B. FRINGE BENEFITS $7089.16 TOTAL FOR PERSONNEL AND FRINGE BENEFITS $60,999.16 C. TRAVEL Travel Costs for Trainer (2 training sessions) $40.00 D. EQUIPMENT Computers (2) $1,319.84 Description: Laptop computers Multi-Media Projector $730.00 Portable DVD Player $125.00 TOTAL FOR EQUIPMENT $2174.84 E. SUPPLIES Office Supplies/ Printing/Copying $300.00 F. CONSULTANTS/CONTRACTS Consultant: Munroe Web Design $500.00 Description: Maintains and updates website information for teachers who implement WWK programs in schools 10 Consultant: Jason Jurusz, LT. Support Description: IT support for all computer needs, LAN needs, Game software assistance TOTAL FOR CONSULTANT G. OTHER COSTS Program for Children Description: WWK games/programs for children. The school will receive the MISSING classroom kits Computation: $500 per kit & training x 50 schools $421.00 $921.00 $25,000.00 GRAND TOTAL $89,435.00 it EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to Named Insured this endorsement form as a part of Countersigned by Authorized Representative Deparhnent cif J~stit:a ;~':~~•~- x s 4fficw of Justice Programs ._ ,~ Office for Civil Ruts ibttrhir.Kttt~ p;L' 2033/ 4ugust4; 2t1(}S Chief t'attl Wattets City of Sansa Ana 60 Civic Denier Plana Sattttt Ara, CA 92'7Q 1-<{#t~i0 bear Chief 1~'atters; C9ttgratulatiotts on your recent award. In estitblishing financial assistance programs, Congress Ihil~~ed tPta reczipt of Federal funding tocomplianca with Federal civil rigflts lA~gs, The C}f~ce far Ctvil Rights (C3CTt), tli'fcc aF lnstice }'rngrarns (OdP},U:S. Department iif Justice is responsible for ensuring tliut recipients of financial aidfioiYt ~. OXP, its component dffier and bureaus, the Uffice on Violence Agrainst ~~~onien {OV4t'}, and the (7fli of C4mmuniry oriented Policing Services (CQP&}comply with applic~bi~ Federal civil rights statutesand regulations. ~Ve at r3C1Z are a~~ailahle to help youandyour or,~inizati+anrneet rile civil tighES requiremeyt~ th~4 come with 3vstice Department funding, I:nsurtng Access Co FedaraAy Asxlsted Pro~rsms As you know, Federal Iaws prohibit recipients of financial assistance frorri discriminating t>~t-the ltiasis of r~~es, color; nationAl arigln, religion, sex, or ~isabihty itt fundedprogrtuns or activities. not only in rasped to amptcsymont practices bizt also in the dehvety of services or benefits. Petiera3 law also prohibits fimded programs ar activities from discrirztinating on the basis oPage to the delixery of services or benefits. _ fi'r`©~idutg Sei'~~lces to L1mi4ed English Praflciency {LEPj fndlvidur[ls In accordance with I~epartmcnt of Justice Ciuidane~ pertaining to Title '4`I of tlx Civil Rights Actc~1' 19G4, d2 U.Q.C. § ~QQlld, recipients of Federal financial assistance musttake reasonable steps to provide monningfulanaess to their programs cndaetivities fqr parsons with limited English proficiency ~LEP}. For ratsre information vn the oi~~il rights responsibilities thatrecipionfs havo in providing langttago s®r~,-lets 14i..EP individuals, pleasesce the ~uebsite at EtttpJOw~nv.tcp.gov. ~rssuring E~ual'f'rt±uttnertt for p'aith-fused Organizations ~'he Depanment ofJusticchas published a rtguladan sparsificail} pertaining tp Elie fiittding of faith-6a±sed arganizntions. In geneeil, the regu[arion, Participation in Justice Depattment Programs by Rstigious organizations; Providimg far Equal Treatment of all Justice Department Program 1'arricipant~, ~dknoim as he Equal Treatment Regulation28 C.P.R. part 38, rtquues Stara Administering AgEnsies tatreat these orgi~nizadpzls the same as any other applicant or recipient.'fher~gulation prohibits Stag Admir3istering Agencies from making award or grantadmnistrutian decisions on dre i~asis of flit otgani~ation's religious Lhnmeter or affiliatia'n, religicias name, oz tti~rvligious co:npositignvPits hoard ofdirt•ctars. 7~e regulation else prohibits faith-based organizaiious fYaui usingftnanciat assistance from the Dcparrzient~of~ 3uatica to fund inharenily religiousactivitias: ~Vhi1e faith-basedbrganizationscamengage in nor3-funded intierentty rcii~fousaotivities, they rtusz be held sepitratelp from'the lJ~artroent of 7usflce funded program, and customers ter beneficiaries cannot be compelled to psrtlcipate in them. The Equal Treatment Regulation also makes clearthat crrganixtitioospaMicipating in programs funded by the Department oflustice era not permitted 1a discntninata in the provision ofserviees nn the basis of a hemeficaty's religion. fior more iItfniztiationon the ragttiation, please seg OC~i'swabsitc at http:!/war"x~:opp:ustloj.goviacc~etfbo.Jatm. a~ ~~.~~ p State Administering Agencies attd faith-based organizations should also note-that the Sate Streets .tkct, as amead~d.the Vir3titns of Crimt~ Act, s5 atnende~d; mid the Jnti~eni(e )'l]SIIGC and Delinquency Prevention Act, ~ amended, contain prohibitions against discrimination an the basis of celieion in employment. TEiese e~aployinent p.ovisions havebeerr specifically inoorporaiedinto 2& C.F.R. Port 3$.i (fl aiul 38~(f}< Consequently, in many uis'eztmstanceg, it would be jmpermissibte for faith-based organizations seriKing orteceivi:ig funding atrthorized6y these statutes to have policies or pracLioes [fiat condition hiring and other employmertt~talated decisions on the region of applicants of employees. Programs subject to those nondiscritninationprov~sians may be found on {~eR's uelisite at http:Ilww'4v.ojp,usdoj.govloer~`. Questions about the regulatiod ar thestatuies thatprohiblf discrmiaation in employment may be dit~cted to this Ofiiee. Enfot•cing Civil Rights Laws fltl recipients of Federal ~irtancitcl assistance", regardless o€ the }~tticularfiuad~ng source, the prliount of it3e grant award, or the numberof employees in the wosk£orco, are subject to t$ie prohibitions against uniativftd discrimination, Acec>rdingly, OCR investigates recipients that arc the subject ot`discrirr~ination complaints Tto~ both individuals and groups. In addititm, based on regulatory criteria, Ot~Etsclccts a number oPrecipients eash,yes~ .far compliance reviews, audio That require recipients to submit data shot~ingthat they are praveding services equitably to ell s~gmants of their servicepopulittion and that their ernploymentpraetices meat equal empIoyn7ent opportunity standards. Catnplying~nith the 5aicgtreeis ActorProgrnnt ltequlrentents In' addition toSheae general prohibitions, an organization which is a recipient of i"tasncial>#sssiaaee subject to the nondtscritninaNon provisions of the Omnibus Crime Control and Safe 8tieats flct {Safe 5t~efs {tct3 of i FGB, 4~ U,S.C. § 37&~d(c), of other Federal grant psograni requircmants, must theft two tidditioeul requirctnefltst(l~ compiyiny with Federal regulations perttsining ca thedevriopment of an Equal Employment Opportunity Pian {T;EOP), 28 G.F.R. §42.301-~:3~$, and {2) submitting to OCR Finding of Discrlinination(sec ~8 C.P.12. §~ l~ L1EefIng the REp~ 12egairaCnanL 7n accorclanct with l"ederalreguintions, Assurance~htd,. Cs lzt ih~ Stumlakd ~is5urar~es,COI'S rl,asurtvise No. $;F3, at eCXt~irt Federal grunt pro~rtun roquirenaents, your organization must comply with ttte fallowing ESOP reFgnng. re~uirtments: If your organizarion has rece{vedan award far SS~O,RO(} or more and has50 ar more ampioyecs (totuiting bqt fitll- and part-time etriplayees Tntt excluding poPtieal uppointaesl, then it has~to prepnte Alt Efsi7p anti submit it tb OCR for rc~>iew withzn~6 days from-the d:t#e of lhls letter, For assistnnoe in developing an EEC}P, please consul! OCR`s ~F~ebsite at hitp:J/www,ojp.ttstio~ go+~lo~r,`eeop.hnn, You may also requesttcehnicul assist~lnca fratn an EfLOP specialist at OCl2 by dialing (~02}G I6-3248. if year ori;aniza6on received an riwarcl between ~25,Ot)t1 and ~SOt),RAO and hT~ S0 or more employees, yot~ organization. still ha~s'to prepare an ~!~OF, but it aloes not hove to submit the BEOP to OCR for review, Instead, yourorganizatian itas to inaintniitthe ~BOF an file and ivakart available col review fln rcclupst, in addition, yi~ar organization lies to aampiett: Section E ofthe CcrtiG~tion Farm and return 3t to OCR. Ttte Carttfica~ion Form can bz found athup/Iw.vw,ojp.usdoj,govlaarleeop,httn, if your organization reeeit nd nn award for less than $25,DOq; ~or ifytsur organtznfion has Iess Flinn SU atnptoyecs, r~gardiiss of the amount of the u~vard; or if your organization is a medicalinstitution, educational institution, aorrpro5t organization ar Ind4an tribe, then }roar organization Is exempt from the E>rOP ragviremcnt. Idow~ver; your organization must cgmplet~ $eatiou A of the CettifECation FoAn and return it tc-OCR. The. Certification Form can be fotmd at httpaiwnrw,ojp,usdoj.gov/act:'eaop.btm. Z) Submitting Findings of Discritvination In the event a Federal or State coon or Federal or State adininistratjt~e agency ma!:zs xn adverse ~ndie3g o~E disodntintition aguinse your ar;anization aftera due process Itaaring, an flip ground of rar.~, color, relation, gatitziw€ origin; Gr ~~, yoati' ari,*etnization must submit n copy aF the ftetding io OCEt for review. LJzpanrrsent of ]ustiee .:, s ~~ Office of lctsuea Progrettr5 ~ ~ Bureau of dustiee Assistance `T_.. A~%~ftD C4`:~1''E'ZI~UA.'I'Zt~l+7 SHEET Grant PA,Gts 2 aF ;. P3tt7iECTrtI;+-rs&R 2~~s-z?n-r3x-otaa aurntzDnATE o~o~tzaDS ~~~'~I~,r• ~. {~1V~1~f~1'V~ h T'lae recipient a~ees to cotnp~y with rha FinanciaF and adm~nistrativc requirements set f,yritt;.in ~e ctut'ept ediUan 6F~~ Ogee of J?astro~ Pragratns (OlP) Financial Guide, E ~, T'h~ recipient acknawled,~es that failEU'e to submit. an acceptable Equal Em~s[o}'iri~nt l?ppcttunity Platt (if recipient s~ eequited to submit one pgrsusnt to 28 G:~'-R. Section ~2.3t}2), ihatis apgrovedby tbeOffice £or CivilRigE~ts, is a violation of its CertiTied Assurarcesand mxq resultinsttspeusion or term€natioa of fundmg;nntilsnckt time as t}~ recipient i~ in ~Qmpliance, ~3. The recipient agrees to ct~rnply witft the arganirstionai audit reriuirements of O:vIB ~ircfflar A-I33, Aadita of $tat~s}- Local Ga4•etnments, and Non-ProFtOrganizauons, as ftirtberdescribad in the cutrcztt pdittanof tkie OJPFznancial Guide, Chapter 14: j i i d. Racilareat t€ntt~rstands and agreE-~ that tt cannot useauy fi~aral fttutls, etthet directly or inc{iractlp, in sappostof the ~ enactment, repeal, modil"tc¢tsan or adoprTOn of any laa~, regttlaribit or policy, -at any level of gc+~~emtnent~ tivithovt th_e_ express prior wtitfen approval of OJP. s c~ OJP Ff3Rtd 44(liL2 (REV. $-88) N'OV 14. X 08 2:7??M ~EVE'NALS N0. 1321 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CoMPENS ATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-14-2008 GROUP; POLICY NUMBER: 1776830-2008 CERTIFICATE ID: 1 CERTIFICATE EXPIRES: pa-01-2008 04-01-2008/04-01-2006 CITY OF SANTA ANA BO CIVIC CENTER DLZ SANTA ANA CA 92701-4060 SP This Is to certdy that we hive issued a valid Workers' Compensation Insurance policy In a Corm approved by the Callfornu Insurance Commissioner to the employer named below for the policy perbd indicated, This policy is not subpct to cancellation by the Fund except upon f0 days advance written notice to the employer Wa wdl also 6rve you 10 tlays advance notce should this policy be cancelled prior !o its normal expiration. This taro flca[a of insurance is not an Insurance DOlicy and does not amend, extend or alter the covera6e a/forded by the policy Its letl herein. Natwithsandmg any reawrement, term ar mndihon of any con[ract ar other gocument with rospoct to which [his card lica[e 01 msuranee may be issued or [a wh¢h it may pertain, the lnsunnce eH Orded by the policy described herein Is subject to all the terms, axcWc~ons. and contliilons, of such policy. THORIZED AEPAESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT YNCLUDING DEFENSE COSTS: 51,000,ODD PER OCCURRENCE. ' ~~ EMPLOYER WEB VISE KIDS (NON PROFIT ORG) 3000 W MACARTHUR BLVD STE 424 SANTA ANA CA 82704 SP JRPC CNJ SP pgINTED 11-14-2008 InE0. a•DSI Trujillo, Rose Ann ~ -~~0~ From: Sheedy, Laura Sent: Monday, November 10, 2008 1:35 PM To: Nimmo, William Cc: Trujillo, Rose Ann Subject: Web Wise Kids Hi Bill I reviewed the services Web Wise Kids is providing and have determined they do not need to provide general liability insurance. They will need to provide Workers Comp insurance if they have any employees. They can either email or fax (714-647-6515) their workers comp certificate to satisfy their insurance obligation. Thank you Laura