HomeMy WebLinkAboutCHRISTIAN LATINO ASSOCIATION OF MUSIC AND ARTSCity of Santa Ana
Clerk of the Council
- AGREEMENT TERMINATION
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Please complete this form when the attached agreement is no Inteect.� 2. 17
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No. A-2008- ` Oma® was completed on
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Department: C,ON ^CA-
Phone/Ext.: 2 Xo4
Revised 12-07-07
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A-2008-220
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CLERK OF CCNCIj-"
DATE: 10V •
Contract No.
ZORN. AGREEMENT UNDER THE V"'ORKFORCE INVESTMENT ACT
SpA-Lo'6,
THIS AGREEMENT. made and entered into this 18`' day of Au(—),Ust. 2008 by and
between the Cite 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 Christian Latino Association
of Music and Arts ("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. Lam- 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIA. CITY is entitled to receive federal funds to establish programs to
prepare economically disadvantaged youths for entry into the labor market and to provide basic skills
development to those individuals who are economically disadvantaged or otherwise face serious
barriers to succeeding in life. One goal of California's N orkforce Investment System is to provide
youth with the opportunities to achieve career goals that will allow there to successfully compete in the
labor market and prepare them for higher education.
D. CONTRACTOR is experienced in operating education.. occupational
development and employment programs for economically disadvantaged youths for entry into the labor
market ("said program").
E. CONTRACTOR is willing to operate said program pursuant to the Act and
California law.
WHEREFORE. for and in consideration of the respective and mutual covenants and
promises hereinafter contained and made. and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
I.
CONTRACTOR'S OBLIGATIONS
Page 1 of 14
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). attached hereto and by this reference incorporated
herein:
CONTRACTOR'S failure to provide said services ma}7 be grounds for CITY to readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals vrho 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
in the activities and services funded by this Agreement (`'participants") in accordance with the
standards and requirements of the Act. including Section 181 of the Act.
E. CONTRACTOR shall adhere to the Labor Standards described in the Act
including Section 181 of the Act.
F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under
the 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 terns 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 suchp rograms 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
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 of this assurance.
H. CONTRACTOR agrees that no participant(s) shall cormnence training prior to the
approval of funding pursuant to Section 123 of the Act.
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I. CONTRACTOR agrees to maintain such records and submit such reports. data and
information. on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities. costs or other data,
including but not limited to, participants' attendance. payroll records and job duty statements.
CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative
Office, 1000 East Santa Ana Blvd.. Suite 200.. Santa Ana. California 92701 a completed Workforce
Investment Act Application form (WIA EWIR) and supporting documents within 45 days of
application date: a complete Workforce Investment Act Enrollment/Registration form (WIA EWIE)
and Workforce Investment Act Goals form (NNIA E�>`'IG) must be submitted along with the WIA
EWIR: any subsequent updates to EW1E and nor ENVIG must be completed within 10 days of the begin
date of activity or end date of an activit} : )Korkforce Investment Act Youth Test Scores form (WIA
EYTS) within 30 days of application date: Workforce Investment Act Exit form (WIA EWIT) within
15 days of completion/termination of active enrollment of trainee: and the Workforce Investment Act
Follow -Up Contact Information form (WIA EWIF) within 21 days following 30. 60. 90,180, 270, and
360 days of exit.
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
lacy.
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 the location where CONTRACTOR
conducted the program.. as well as in the County of Orange. for the duration of this Agreement and
thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints.
claims.. administrative proceedings or litigation arising out of the performance of this Agreement. or (b)
costs and expenses of this Agreement to which CITY, the State of California or the United States
Government take exception. shall be retained beyond the three (3) years until resolution of disposition
of such appeals. litigation, claims. or exceptions.
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 representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR. costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on
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CITY's Invoice.'Voucher form, showing in detail the amount of money already expended by
CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be
supported by such source documentation such as cancelled checks. paid bills, payrolls. time and
attendance records, contract and subgrant award documents [29 CFR—Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above -stated documents to the «'IB 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. 20 CFR Section 667.200 and OMB Circular A-
133. 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 am participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Cominon Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Goverment". 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 forn as set forth in "Exhibit D." attached hereto and by this reference
incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to
perfornling any of its obligations under this Agreement and prior to any obligation arising on the part
of CITY to pay any sums to CONTRACTOR under the terns and conditions of this Agreement.
Q. CONTRACTOR agrees to provide adrug-free work place and to execute a
certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
R. CONTRACTOR, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child and family support obligations and shall fully
comply with all state and federal laws relating to child and family support enforcement, including, but
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not limited to: disclosure of information and compliance with earnings assigmrent orders. as provided
in Chapter 8 (commencing with Section 5200) of Part s 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. CITZ' 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 forty-eight thousand. two hundred
thirtv dollars (S48.230) 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 amlually. In addition. monthly desk -top reviews of pertinent
information will be conducted.
C. CITY has the right to de -obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the followling reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on Au,,wst 18. 2005 and all duties arising under this
Agreement shall have been performed by June 30. 2009 . The tenn of this Agreement may be
extended by a writing executed by the Executive Director of the Community Development Agency and
the City Attornev.
I'\'.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire terns 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 empl over- employee relationship., a joint venture relationship. or to allow the
City to exercise discretion or control over the professional manner in which Consultant perforins the
services which are the subject matter of this Agreement, however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
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V.
«'ORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
B. CONTRACTOR shall have the right to hire. dismiss. or promote its employees
or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard
does not violate Title VII of the Civil Rights Act of 1964. Fair Labor- Standards Act of 1938. or any
other applicable law. and CONTRACTOR maintains itself as an Equal Opportunity employer.
VI
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all applicable
federal and state laws and regulations. including. but not limited to the Performance Standards
(Exhibit B) 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 acknowledges and confirms that the U.S. Department
of Labor has established three (3) performance measures for all youth ages 14-21. Pending WI.A
reauthorization and or U.S. Department of Labor and EDD updates. CONTRACTOR agrees to
implement and shall meet any additional performance measures that may be subsequently required by
the NVorkforce Investment Act or by anv other Federal. State. and local law.
?. 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.
3. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
4. CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
5. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General. by and through anti- authorized representative. as well
as the R%IB 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.
6. 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
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such program because of race. creed. color, national origin. sex. political affiliation or beliefs.
CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
S. CONTRACTOR shall comply with general provisions. assurances. and
certifications attached hereto as "Exhibit G" and incorporated herein.
9. EQUAL OPPORTUNM'. 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/prograin" and that `'auxiliary aids and services are available upon request to individuals with
disabilities.''
10. Based on the population eligible to be served. or likely to be
directly affected by the WIA program or activity. the services or information may need to be provided
in a language other than English in order to allow such population to be effectively informed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take
de services and information in appropriate languages after considering the
reasonable steps to provi
scope of the program or activity. and the size and concentration of the population that needs services or
information in a language other than English.
11. 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 temaination of this Agreement.
CONTRACTOR will immediately return such tools and/or- equipment to the CITY or dispose ofthem
in accordance with the direction of the CITE'.
12. 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 bv_ 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.
13. PATENT. COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY anv invention. written product. computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention. development or assembly. The CITY, State of California. and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request. CONTRACTOR will
transfer all pertinent information. specifications and right. title and interest to the designated agency.
14. IN" `'ENTIONS. 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
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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
rightsin 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" (President's Memorandum for Heads of Executive Departments and Agencies. August 23.
1971. and Statement of Gover -nent Patent Policy as printed in 36 FR 16889).
B. Copyright Police.
1. Unless otherwise provided in the terns 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 pen -nit others to do so. The
CONTRACTOR and the Workforce Investment Board (NVIB) 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 rovalty-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 of 29
CFR Part 97.34.
C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data
first procured or delivered under this Agreement.
15. CLEAN AIR ,' CLEAN WATER ACT. If the grant hereunder
exceeds S 100.000. CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]: Section 50S of the Clean Water Act (33 USC 1368). Executive Order 11738 and
Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be
hereafter amended. Under these laws and regulations. the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities:
(b) It will notify CITY prior to award of the receipt of any communication from the
Director. Office of Federal Activities. U.S. EPA. indicating that a facility to be
utilized for the grant is under- consideration to be listed on the EPA List of
Violating Facilities:
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT:
1. General Assurance. Ever), reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
Page 8 of 14
2. Emplovment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were fornerly employed by the State of California or CITY. in a position that
could have enabled such individuals to impact police 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 oil not less than two years following the termination of such
employment.
3. Conductini 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 bN . or employment with. CONTRACTOR.
4. Conducting Business Involving Close personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and. in administering this Agreement.
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. 'When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR. an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (\VIB). 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 'WIB. will solicit or
accept money or any other consideration from a third person. for the performance of an act reimbursed
in whole or part by CONTRACTOR or CITY. Supplies, materials. equipment or services purchased
With Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No
voting member of the IV B 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. inderrim, y 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 indennniA, 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. indernnif_v and save
harmless CITY. its officers.. agents and employees, from and against any and all claims. demands,
suits. actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts
of CONTRACTOR, its employees or subcontractors.
VIII.
INSURANCE
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1. Commercial General Liability. CONTACTOR agrees to obtain and keep in force
during the tern 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 (51,000.000.00) for any injuryto 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
insured: and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Govenumental entities may substitute a certificate of self-insurance.
?. Automobile Liability Coverage. CONTACTOR shall also obtain and maintain,
during the effective period of this Agreement. broad form automobile liability coverage with a
51.000.000 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 perfonnance 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
Califomia Labor Code Section 3300 et seq.. or utilizes participants as "employees." as set forth in
California Labor Code Section 3350 et seq.. CONTACTOR shall obtain and keep in force during the
teev
n of this Agreement full NVorkers' Compensation insurance coerage 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 330. 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. Govermnental 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.
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
coiporate status or suspension shall be reported immediately to CITY.
Page 10 of 14
X.
ASSIGNABILITY
None of the duties of. or work to be perfornied 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.
LA«'S GOVERNING THIS AGREEMENT
In its perfonnance under this Agreement. CONTRACTOR shall full,,, comply with the
requirements of the following. whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes. regulations.. policies. procedures and directives.
includinp- 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:
Court orders applicable to its operation: and.
6. The terns 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 play
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.. orall}% or
otherwise. have been made by any party. or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud. abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XI1'.
Page 11 of 14
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 immediatelynotify
CONTRACTOR. VA'ithin 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 part° 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.
if undue hardship will result to any participant.
CONTRACTOR may not tenninate this Agreement
XVI.
DISPLTES
Except as other -wise provided in this Agreement. any dispute concerning any question
arising under this Agreement shall be decided b-,- 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 cope. CITY receives from CONTRACTOR w itten 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 terns and conditions of this
Agreement. and%or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement. or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances. CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations.
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements: and/or (1) collect outstanding amounts as detennined by CITY due CITY by
offsetting or debiting from current claims or invoices. if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made. and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
Page 12 of 14
All notices. reports and correspondence between the parties hereto respecting this
ited in the United States Mail, postage prepaid. addressed as
Agreement shall be in writing and depos
follows:
and.
CITY: Citv of Santa Ana
Manager, 'WIB Administrative Office
P.O. Boa 1988 (M-73)
Santa Ana_ CA 92702
CLERK: Clerk of the City Council
Cite of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Boa 1988
Santa Ana. CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR: Christian Latino Association of Music and Arts
14023 l hiterock Drive
La Mirada. CA 90638
(562) 943-7121
Telefacsimile (562) 943-7606
XIX.
MERGER
This Agreement. together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power.
authority and right to bind their respective parties to each of the teens 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.
Page 13 of 14
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the bode of this Agreement.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement the date and year first
above -written.
ATTEST:
Patricia E. ealy
Clerk of the Council
APPROVED AS TO FORM:
Joseph'W- Fletcher
Cite Attornev
Lisa E. Storck
Assistant Cite Attorney
RECOMMEND FOR APPROVAL:
V6�7--�
Cynthia J. Nelsoi
Deputy City Manager for Development Services
CITY OF SANTA ANA. a municipal
corporation of the State of Californ'ia
"CITY"
Bv:
David N. Ream
City Manager
"CONTR-4CTOR"
BZ :,
Name . o } eguin
Title: ident
Tax ID #: 770467012
Page 14 of 14
Exhibit A
Proposal Narrative for YSPN Membership Please answer each question as concisely
as possible
1. About the Program
A. Executive Summary
1. Which WIA population will the program recruit and serve?
25 -Older, Out of School Youth, ages 17-21 years
2. Indicate how many participants to be served. 25 youth, residents of Santa Ana
�. Describe how this program fits in with programs currently being offered
by your agency.
The focus of the Santa Ana WIB and Youth Council is to "enable youth, particularly
those most in need, to acquire the necessary skills to successfully transition into and
compete in the labor force and to further their education and training ".
CLAMA/ Project RYTMO's mission statement includes the enabling of youth
through educational and vocational methods utilizing music and the arts.
Project RYTMO will expose youth who demonstrate artistic potential, to a positive
professional environment where they can develop academic and workforce
preparation through:
• Occupational skills in music technology.
• Adult mentoring with knowledgeable volunteer mentors who have
backgrounds in the music industry.
• Valuable Work Experience/Job Shadowing/Internships in music technology -
related fields.
• Leadership Development: Participants who demonstrate leadership qualities
are encouraged to further develop their potential through a regular leadership
development curriculum and community participation through music and
technology.
• Life-enrichin skills kills such as goal setting, project planning, group interaction,
and disciplined behavior that will help prepare our participants for a future
career in the music industry or related technical careers.
• TutorinP: This service will utilize specialized RYTMO volunteer tutors with
unique instructional methods in music (such as Hip-Hop/Rap techniques and
rhyming) to help participants who require special tutoring support for school
assignments, improving reading/math skills, completion of GED/High School
diploma, and other related performance goal attainment as required through
the Santa Ana WIB.
4. Indicate which of the 10 WIA elements the program will offer.
• Tutoring: study skills training and instruction, leading to completion of
secondary school, including dropout prevention strategies.
• Paid and Unpaid Work Experience, including internships and job shadowing.
• Occupational Skills Training (mandatory 8 -weeks minimum).
• Leadership development, which includes community service and peer -centered
activities encouraging responsibility and other positive social behaviors during
non -school hours, as appropriate.
• Adult Mentoring for the period of participation and a subsequent period, for a
total of at least 12 months.
• Supportive Services (e.g. tools, books, clothing, bus passes, etc.)
• Follow-up services for minimum of 12 -months after the completion of
participation as appropriate.
5. Indicate planned outcomes.
Older Youth / Out of School Older Youth ages 17-21:
1. 72.4% of participating out of school youth will gain entry into unsubsidized
employment.
2. 78.4% of participating out of school youth will achieve retention in
unsubsidized employment six months after entry into the employment; and
3. 39% of participating out of school youth will attain a recognized credential
relating to achievement of educational skills, which may include attainment of a
high school diploma or GED, or occupational skills, by participants who enter
unsubsidized employment.
4. Report an earnings gain of $3622 for appropriate participants.
5. Customer Satisfaction Rate of at least 70%
6. Describe the basic program approach (workshop/classroom/in the
community).
The basic program approach for Project RYTMO includes 8 -weeks of introductory,
intermediate. and advanced classroom training in a state of the art recording facility
located in Anaheim (Love & Laughter Recording Studios). A local satellite
partnership will also be made available to Santa Ana resident students who are unable
to attend to the Anaheim facility.
The approach is "hands-on" and is completed in a workshop setting using the studio
facility. As the training progresses, some Saturday labs may be necessary. Saturday
training is used for application of music technology software programs, digital
recording techniques, and group projects. Participants are assigned a variety of
creative tasks and deadlines to complete both individual and group projects.
Participants are challenged with advanced skills occupational training, leadership
development opportunities, and peer volunteer work experience in the program.
Incentives include free studio recording hours, access to music industry work
experience opportunities and internships, and exposure to entrepreneurships that can
lead to paid working opportunities in their respective fields of training and interests.
Since the program design is based on musical, music technology and artistic
expression, participants are encouraged to become involved in a number of
community-based activities including work experience at RYTMO Satellite
technology classes, community concerts and performances within Orange County,
recruitment presentations to youth at local high schools, community sponsored
events, etc.
7. Describe how you will conduct outreach and recruitment. Include how
enrollment goals will be met by the second quarter of the contract.
Outreach and recruitment is a vital part of maintaining enrollment of new participants
in the program. Project RYTMO will become actively involved by:
Establishing communication leading to partnerships and/or co -enrollments with
local youth agencies and other Youth Council Providers for qualified youth who
are residents of Santa Ana. Such efforts will be made primarily during the months
of July, 2008 through December, 2008. This will ensure that enrollment goals are
met by the second quarter of the contract.
Maintain consistent communication/participation with youth agencies and
programs that service Santa Ana youth regarding enrollment deadlines. These
include monthly and quarterly emails, flyers and notifications sent out to agencies
such as Probation, Dept of Recreation, High Schools, ROP/Continuation Schools,
Colleges, Santa Ana Youth Council partners, etc.
Project RYTMO will make a positive connection with a young person from
initial recruitment. This includes engaging youth who can talk positively about
programs as peer advocates and recruiters; collaborating with community and
faith -based organizations that already work with disadvantaged youth, especially
out-of-school youth foster youth and emancipated and disabled youth; and
offering staff and youth incentives such as studio recording time in exchange for
recruiting new participants. Outreach and recruitment strategies will also tap into
youth culture, such as creating music/"beats" for public service announcements
on local radio stations and public television programming that appeal to youth.
A youth development approach recognizes that the youth who participate in W1A
youth services have diverse backgrounds and experiences and different types of
developmental needs. Our recruitment strategies include a flexible schedule that is
adaptable to the needs of the participants. By allowing for Saturday lab hours and
studio recording time, participants are encouraged to maintain school activities,
work hours or other program -related activities.
• Peer Recruitment/Performances: allow current or advanced participants to attract
potential new students via community and school presentations, concerts,
performances, music production planning activities, etc. These create positive
peer interaction, all of which contribute to enrollment and retention potential.
Project RYTMO has also coordinated activities that are co -located or connected
to community centers and Performing Arts centers such as the Children's
Therapeutic Arts Center in Santa Ana, and Heritage Forum. In addition, a list
of digital recording facilities, music associations and businesses that offer a range
of recreational, learning, and cultural activities have been established to further
provide attractive enrollment activities involving current and graduate
participants. One such example is our affiliation with NAMM (National
Association of Music Merchants, who provide free access to their yearly
conference for RYTMO participants.) Such activities help for making a successful
and attractive program and engaging young people. especially older out-of-school
youth.
8. Describe collaborations/partnerships that will assist in recruitment.
Project RYTMO has formed strategic collaborations/partnerships through:
Co -enrollments with other WIB funded agencies that are part of the Youth
Service Providers Network (YSPN) for qualified youth in Santa Ana, including
OC Conservation Corp, Taller San Jose, Children's Therapeutic Arts Center, and
several others.
• Maintain consistent communication with other Orange County youth agencies and
programs who service youth in Santa Ana, and Orange County, such as Probation,
Santa Ana College, Dept of Recreation, Department of Education, Santa Ana
School District, Santa Ana ROP/Continuation School Programs, etc.
Project RYTMO has established a key strategic partnership with the OC
Children's Therapeutic Arts Center. This organization has been hosting a
RYTMO Satellite site for older youth who are residents of Santa Ana, and who
are unable to attend classes at the Anaheim studio facility. Both agencies will
continue to collaborate on strategic outreach and recruitment activities/co-
enrollments throughout the year.
9. Describe how adequate staffing will be maintained to ensure success of this
program.
Project RYTMO staff is comprised of music and education professionals who have
experience in the field and have a desire to work with youth in the areas of music,
education and technology.
Adequate staffing will be maintained through:
• Proper recruitment and selection techniques; Effective recruitment techniques
include target advertising, screening applications for minimum qualifications
based on pre -determined job specifics. Selection techniques include either test
assessment and/or structured interviews including mandatory background checks
for all final candidates
Staff Training & Development, Staff training involves Quarterly support to
program staff on key issues related to WIB requirements and youth services.
RTYMO staff is also encouraged to attend regular off-site training, whether
through YSPN, or workshops/seminars that will enhance their skills, knowledge
and services to youth participants. Scheduled performance evaluations and
defined goals will be determined as defined by WIB/DOL requirements and the
CLAMA/Project RYTMO policies and procedures. In addition, the use of IPAT
(Institute for Personality Assessment and Testing) is an online test that measures
employee vocational strengths and weaknesses. This assessment tool will be used
in targeting vocational aptitudes and goal setting in the career development of our
staff.
• Performance Evaluations: RYTMO Executive Director and Program
Director will perform regular staff performance evaluations. These include
weekly staff meetings, bi-annual performance reviews, and one on one
performance evaluations.
B. Main Purpose of Program
1. Indicate what will the program accomplish and how it fits in with WIA
Project RYTMO will expose youth who demonstrate artistic potential, to a positive
professional environment where they can explore and develop a variety of
occupational skills and adult mentoring in music technology. The skills developed by
students should be specifically useful for academic success and placement in the job
market. Participants who demonstrate leadership qualities are encouraged to further
develop their potential through weekly leadership development curriculum.
Since approximately 60% of our current student enrollments are residents of
Santa Ana, Project RYTMO will also provide services and referrals to WIA-related
partners located in Santa Ana, including partnerships with the Santa Ana YSPN
agencies and W/O/R/K Center. Participants will also receive access to personal after-
school tutoring classes, work experience job shadowing and valuable paid/unpaid
internships. Classes are hands-on and include the study of topics like: Digital
Recording Production Techniques & Software, Live AudiolLighting Technology,
Commercial Songwriting, The Business of Music, Hip -Hop & Urban Beats, Sound
and Vocal Exploration., Film and Television Technology,
Video Game Technology, and Artist Performance Skills.
At the same time, Project RYTMO is committed to teaching life -enriching skills
such as goal setting, project planning, group interaction, and disciplined behavior that
will help prepare our participants for a future career in the music industry or related
technical careers.
Instructors and mentors are made up of highly regarded minority leaders within the
community who have experience working with youth in an educational setting and
have powerful professional stories that connect with our youth of today. These serve
to not only inspire them, but more importantly, expose and eq in youth for the job
market, including higher educational opportunities to further enhance their lives,
family and communities. All such goals and objectives are clearly in line with the
current mission and purpose of the Santa Ana WIB requirements for servicing youth.
2. What is the length of the program, i.e., how much time will a youth need to
be in this program to get the full benefits of each component offered?
Programming duration/schedules are structured to allow beginning students with an
introductory 2 -hour class, once per week (Tuesdays 4-6pm) over an 8 -week period.
Upon completion, students are given certificates of completion and allowed to
continue development of other specialized intermediate and advanced occupational
and leadership skills. These classes are held on Thursdays, 4-6pm.
Following the first 8 -week introductory course, students are also assigned an adult
mentor for a period of 12 months.
In addition, Saturday Labs (I 0am- I 2noon) were created for continuing students who
need additional time for special projects, recording, songwriting and/or academic
advancement.
The basic program design was created to provide participants with a reasonable time
ep riod to maintain interest, complete required goals and group assignments, receive
needed services, track performance goals, and maintain retention rate.
3. How often will the WIA participant need to attend the program and how
often are specific activities offered (daily/weekly/monthly)?
Weekly: Occupational training (Mandatory): 8 -weeks -Level One: Tuesday, Level
2&3: Thursday, 4-6pm, and Level 4: Saturday, 10am-12noon, as necessary.
Weekly: Adult Mentoring, Leadership Development, Soft Skills: Thursday, 4-6pm,
and Saturday, 10am-12noon.
Weekly: Work Experience, as needed or required from company, employer,
internship requirements, etc.
Weekly: Tutoring for basic skills deficient students: Tuesdays/Thursdays 3-4pm
(before each RYTMO class)
4. What is the frequency of staff interaction with W1A participant? Will
other non-WI.A agency staff be providing elements of the program? If so, please
describe.
Staff and adult volunteers maintain a weekly interaction with the participant(s)
during class session hours/times.
Case managers maintain a minimum l -hour/week per participant for case
management. Additional time is allowed for participants requiring more urgent or
special services.
Mentors maintain weekly interaction with participant for at least 2 hours/per month
over a 12 -month period. Mentors usually meet with no more than 2-3 mentees per
week.
5. What services will be offered after youth exits the program?
Project RYTMO will provide the following services to exited _youth:
• Follow-up services 30 and 60 days after exit. Thereafter, each quarter up to 12 -
months after exit.
• Job Placement services: through our newly formed association with companies such
as NAMM (National Association of Music Merchants) ASCAP (American Society of
Composers Authors and Publishers), NARAS (National Association of Recording
Arts & Sciences), and others, exited youth will have access to valuable job placement
referrals through these nationally recognized associations.
• Internet support: Our newly formed relationship with youngjobs.com. enable exited
participants to access the internet for jobs related to the music industry. We have
established a unique relationship with this company to enhance it's website with
music industry jobs and internships specifically for RYTMO students.
• Adult Mentoring: music industry and music technology mentors will provide
continual career guidance and support as youth transition to job opportunities, even
after exited from the program.
C. Goals / Objectives and Performance Levels
1. How will service(s) be deemed necessary? List tool(s) to be used for
assessment of participant's basic skill levels. Describe pre and post testing, primary
and secondary goal determination.
According to the National Association for Music Education, music and arts programs
help our youth and communities in real and substantial ways. A recent study
conducted by the City of Huntington Park, CA, found that middle school Hispanics
who had a positive artistic and/or musical outlet in their communities were less likely
to be involved in destructive expressions, such as tagging and graffiti., Project
RYTMO has based its program upon the following four categories of success:
Success in society: students who participated in band or orchestra reported the
lowest lifetime and current use of all substances (alcohol, tobacco, illicit drugs) -
Texas Commission on Drug and Alcohol Abuse Deport, Houston Chronicle,
January, 1998.
Success in school: Data from the National Education Longitudinal Study of 1998
showed that music participants received more academic honors and awards than
non -music students, and that the percentage of music participants receiving A's,
A's/B's and B's, was higher than the percentage of non -participants receiving
those grades. (NELS: 88 First Follow up, 1990, National Center for Education
Statistics, Washington, DC)
Success in developing intelli eg nce: The U.S. Department of Education lists the
Arts as "contributing significantly to children s intellectual development"
A study conducted by Dr. Timothy Krings, pianists and non -musicians of the
same age and sex were required to perform complex sequences of finger
movements. The non -musicians were able to make the movements as correctly as
the pianist, but less activity was detected in the pianist's brain. Thus, compared to
non -musicians, the brains of pianists are more efficient at making skilled
movements. These findings show that musical training can enhance brain
function- (Weinberger, Norm. "The Impact ofArts on Learning')
Success in life: According to a study conducted by the Baylor College of Music,
studying music encourages self-discipline and diligence, traits that carry over into
intellectual pursuits and to effective study and work habits. An association of
music and math has, in fact. long been noted.
"Music is one way -for young people to connect with themselves, but it is also a bridge
for connecting with others ". (Daniel A. Carp, Eastman Kodak Company Chairman
and CEO)
By providing creative music and arts curriculum that is relevant to youth, Project
RYTMO is taking an innovative and cutting-edge approach to educational/vocational
methods of instruction:
Occupational training is taught in a state -of the art digital recording facility and
technology -oriented learning environment; Mentoring is provided to participants
from highly regarded minority music industry professionals, who are inspirational
and motivational to youth. Leadership Development is provided for youth who
demonstrate exceptional talent in entrepreneurship, business skills, and other
leadership qualities; Tutoring is provided to participants who are basic skills
deficient, by incorporating Hip-Hop/Rap beats and lyrics to engage and teach
mathematic fonnulas. Literacy deficient youth are tutored using books about rock and
hip-hop music, or allowed to research the Internet for writing essays and reports on
music related topics.
Work Experience and Internships are provided to students in a "real world" work-
setting
orksetting for the music technology industry, allowing them to receive valuable tools for
education and job placement, but also to enhance their potential future professional
careers m music and arts.
Tools for Assessment include:
• TABE test for numeric and literacy performance standards. This is a required
testing for numeric and literacy skill level assessment under the Santa Ana
WIB. Each student enrolled into the program is required to take the test prior
to being accepted into the program. Additional testing is administered and
tracked throughout the participants involvement in the program.
Individual Service Plan (ISP): an assessment tool that will be used to set
individual program and skill development goals.
Pre-test/Post Test is administered to students to detennine competency and
knowledge of the given subject matter. A comprehensive "post-test" is
administered to students at the end of the 8 -week program. The result
provides a simple and effective method of evaluating progress, knowledge
retention and general overall progress.
• Case Management: At the time of enrollment, each participant is assigned a
case manager who will help determine and assess progress of each student.
Case Managers document all performance goals and progress on a weekl
basis.
• Individual Creative Plan. monitored by the adult mentoring aspect of the
program. Specific artistic goals and timelines are determined and monitored in
conjunction with the case manager. Mentors also are actively involved during
this process of the student's participation in the program.
Project RYTMO will use all appropriate WIA MIS documents and assessment tools
to record and track performance standards for all primary and secondary goals for
each student. These will be documented by the case manager and entered into both
the individual case file, as well as into the VOS tracking system required by the Santa
Ana V7113.
2 How will services aid in meeting the WIA performance goals?
Progress toward meeting WIA performance goals are tracked through case
management or follow-up services when the goal attainment occurs during the exit
quarter. Since participant records are subject to audits, the program ensures that staff
receives training on how to document individual skill achievement and goal
attainment.
The services provided meet the required WIA performance goals. This is because
Project RYTMO is a unique and innovative approach to meeting WIA performance
skill attainment, diploma/credential attainment, literacy/numeric gains, and retention
rates. These are accomplished utilizing creative and artistic methods that engage
youth, while at the same time equipping youth to attain academic success and
occupational skills useful in the job rn, arket.
3 Describe how you will monitor program activity and manage for
performance.
Project RYTMO has incorporated the following methods for monitoring program
activity and performance:
• Attendance Sign In/Out Sheets- help monitor retention rate and overall
interest of subject matter for each class.
• Case management: is essential to the program's success and managing of
performance goals for each participant in the program. From initial
enrollment, participants are evaluated and assigned specific goals to reach for
any given class period.
• One to one adult mentoring (12 -months): Students are matched with an
appropriate mentor who will assist the case manager with monitoring goals
and activities related to the program. They will maintain weekly meetings and
provide weekly written evaluation of the progress/performance of each
mentee.
• Adult Volunteers: provide additional support and assistance to participants.
These may be in the form of adult volunteers who serve as tutors for basic
skills deficient students, to monitor program activity or as peer
volunteers/leaders who develop valuable relationships with youth participants.
4 Describe how applicant plans to deliver academic assistance to raise the
skill level of vouth who are basic skill deficient.
Project RYTMO has incorporated a innovative service to deliver academic
assistance to youth for 2008-2009.
One on one tutorinp, services to youth who are basic skills deficient, will allow
participants to receive academic assistance -1 -hour prior to each scheduled
class/per week. Since the premise of the program is to utilize music and art as
a vehicle for educational development in all areas of learning, we will include
numeric assistance throuyh instruction from volunteer tutors who use hip-
hop/rap beats to solve certain math equations.
Literacy deficient participants will be tutored using certain reading/writing
assignments based on past and present music literature writing essays and
demonstrating comprehension through books and Internet research on their
favorite bands and artists . One example might be reading 18th century
composer Beethoven's journal about his outlook on music, life and physical
disability (he was deaf and suffered from bi-polar condition Students will
write a paragraph about how his remarks relate to their own life or current
conditions in their community.
• Support through Youth Council Agencies: this will enhance such services like
TABS post-test preparation, after school tutoring, college entry exams, work
placement, and other educational services that are not provided by our
program.
5 Will the participant receive a certificate of completion or accomplishment
for participation? Will the certificate count for WIA credential attainment rate?
At the end of each 8 -week class, participants are awarded a Certificate of Completion
or Achievement. Each certificate also counts as WIA credential attainment.
6 How will continuous improvement be measured and conducted?
Measurable Objectives:
Project RYTMO has established several methods for measuring the objectives and
improvement of each student as well as program outcomes.
After being accepted into the program, every student is assigned a case manager. The
case manager will work with the student to develop an Individual Service Plan (ISP) —
an assessment tool that will be used to set individual program and skill development
goals. The ISP is used to evaluate the student's progress for the duration of the program
and must be updated weekly. Students who demonstrate poor academic skill levels such
as those who are numeric or literacy deficient, are referred to local youth agencies, who
can provide tutoring and other services. Prior to the development of the ISP, a written
"pre-test" is administered to students to determine competency and knowledge of the
given subject matter. A comprehensive "post-test'" is administered to students at the end
of each 8 -week program. The result provides a simple and effective method of
evaluating progress, knowledge retention and general overall improvement.
If students demonstrate difficulty with a particular subject or skill, Case Managers can
advise instructors/mentors on how to best service the participants, or how to overcome
educational, personal and job-related barriers.
In addition, participants are monitored via a Individual Creative Plan (ICP), which is
designed to monitor individual artistic development and improvement, assessments and
goal -setting . This is key in preparing them for future opportunities in the ever-growing
careers related to music technology.
Community Youth Agencies/Evaluation: Project RYTMO maintains strong
relationships, communication and partnerships with local community agencies that
service youth in Orange County. Those programs are specifically designed to provide
work opportunities, such as WIA programs, who form part of the Santa Ana Youth
Council and W/O/R/K Center. These agencies implement their own methods of
evaluation for measuring progress of their referrals to our program. This allows for
objective and outside evaluation of program objectives.
With WIA's focus on a holistic youth development approach, Project RYTMO measures
the support and leadership activities necessary to help young people grow into healthy
adults and successfully transition to careers and lifelong learning.
Case managers track outcomes, such as improved grades and reduction in truancy.
However, there are other qualities, such as developing a positive sense of self that are
measured simply by student participation in activities such as: forming/collaborating in
community efforts, music programs and performances, one or more hours per week, or,
providing two or more hours of peer volunteering for new students entering the program,
per week. Students who demonstrate improvement and involvement are rewarded with
incentives like free studio recording hours, or special jobs and projects that are related to
their areas of artistic interest and that build a healthy sense of accomplishment and self-
esteem.
The WIA skill attainment rate looks at goals attained compared to goals set. On a local
program level, there are other aspects of this measure that would be useful to track.
Program managers can look at how many youth attained each type of goal (basic skills,
occupational skills or work readiness) as well as how much of a skill gain was achieved.
Examples include: the percentage of participants who participated in basic skills
activities, the percentage of participants who completed a basic skills activity, and the
percentage of basic skill learning participants who progress to the next level. While we
do not require reporting on the level of skill attainment achieved, this information is
important for program managers who want to determine the effectiveness of skill training
activities.
There are other types of process measures that are important for tracking progress and
assessing service delivery. These include measures such as: the number of youth who
participate in each program activity, the number of youth who complete one or more
program activities, and the number of youth who complete all youth activities in their
individual service strategy. Some performance measures can help Youth Councils and
Local Boards assess their progress in building youth development systems in their
communities. Examples include: successful referral to partner services, the number of
employers providing internships, and the number of partners with a commitment of funds
or in-kind contributions.
D. Program Description
1. Describe the overall services that will be made available to the WIA
participant.
Occupational Training (Introductory level mandatory) is 8 -weeks per each 2 -
hour course level (Introductory Intermediate Advanced Levels) in music technology
software and digital recording techniques. Subjects include History of Music past and
present, music theory, copyright and publishing fundamentals, music business
essentials, and intense classes in music technology utilizing Reason and ProTools
software.
Adult Mentoring (mandatory) is a minimum of 12 -months from date of enrollment
through the end of the program. Utilizing RYTMO's own mentoring curriculum,
students will learn about Character development Leadership Development Academic
Success, and Career Exploration.
Leadership Development (8 -weeks), for students who have been identified as
potential leaders. As part of the mentoring curriculum, these students will undergo
specific classes that will assist their leadership skills and growth. Many of these
potential leaders will also be required to assist or provide peer support to other
beginning participants in the program, and become involved with certain cominunity
activities and events.
Work Experience/internships (paid and unpaid, are on oin T). Here, students who
have successfully completed intermediate or advanced levels of occupational training
will receive support in job and internship exploration for potential opportunities
related to the music technology fields. Additional support through job -readiness
workshops by our RYTMO staff will include resume writing. proper interview
strategies, and verbal communication shills will be explored and monitored through
case management.
Tutoring: This is a component recently added to the RYTMO roster of services for
2008-2009. The tutoring will enable students who are basic skills deficient to receive
numeric/literacy support. More specifically, RYTMO has incorporated a cutting-
edge approach by utilizing music education volunteers who will utilize rock, hip-hop
and other styles to tutor students. This might include using rap beats/lyrics to engage
and teach a student about math, or having a student read and write from a songwriting
book about musical influences of their choice.
The schedule will revolve around the school year, or as appropriate for students who
are working towards earning their GED or high school diploma, and who have low
1 ABE test scores, especially out of school older youth and foster and disabled youth.
RN TMO will utilize key volunteers to provide tutoring 1 -hour before each level of
general class time, and will focus on students who need to increase reading and
numeric skill levels.
2. Describe how collaborations/partnerships will enhance program services
and outcomes.
Project RYTMO has established a strategic partnership with the Children's
Therapeutic Arts Center in Santa Ana. This YSPN site serves as a RYTMO
satellite for youth who are residents of Santa Ana yet who are unable to attend classes
at the Anaheim studio facility.
These collaboration benefits outcomes through:
Partnership for strategic outreach and recruitment activities throughout the year.
• Co -enrollments with other Santa Ana WIB funded agencies that form part of the
YSPN for qualified youth in Santa Ana.
Collaborative case management insures that participants who are co -enrolled
receive the necessary and specialized services, monitoring and follow-up required
to meet WIA performance goals.
Wider selection of services to youth: since the needs and services vary for each
youth, collaborations and partnerships allow for programs and services that can be
tailored and adapted to their particular needs.
Both organizations utilize music & the arts to service Santa Ana youth.
1. Describe how the participant flow will occur.
4. Include the followinz categories:
Outreach /Recruitment /Eligibility Determination Intake !Assessment Case
Management Program Services/ Parent and Emplover Involvement
Outreach / Recruitment / Eligibility Determination:
Most outreach/recruitment will take place through a variety of formats including:
• Presentations at continuation schools/ROP facilities, college campuses,
and youth organizations in Santa Ana and throughout Orange County.
• RYTMO Website (ww" .rytmo.or-) is designed to attract youth, and
allows potential candidates to easy access and registration. The site is
maintained by RYTMO students and staff , including a calendar of classes
and special events, links and performances.
• RYTMO MySpace.com. is yet another Internet tool relevant to attracting
youth. This website is also maintained by our own RYTMO youth,
however allows enrolled students to feature their music, lyrics and
comments regarding our class, curriculum and events.
• Email blasts to our YSPN Partners: RYTMO is regularly sending email
notices to its partnering youth agencies for special events and enrollment
opportunities.
• Printed materials: such as flyers, brochures allow youth agencies and
potential students information about our program and services.
• Toll -Free Phone number: RYTMO has a toll-free number, allowing
potential enrollment candidates to access us easily.
• Participants have access to work -readiness training, soft skills training,
and work-related opportunities and experience. The Youth Service
Providers Network also serves as a "hub' and referral base for potential
candidates of Project RYTMO.
Eligibility Determination: If WIA appropriate, the Case Manager will begin the
registration process by collecting the appropriate documents according to the
WIA Eligibility Technical Assistance Guide (TAG), published by the Department
of Labor. This is done in order to support the youth's WIA application. For an
applicant that is 17-21, a Case Manager will verify age by using one of the TAG
approved documents. This may include: Baptismal, Birth Certificate, Driver's
License, U.S. Passport, School Records, Permanent Resident Card or Alien
Registration Card or an unexpired Employment Authorization Document issued
by the INS, which contains a photograph. The TAG also suggests using
verification document(s) that satisfy List A or that satisfy List B and C of the 1-9
form. Once a Case Manager determines that an applicant is no less than 17 and
no more than 21, documentation is collected to determine economic eligibility.
Using the TAG, a Case Manager will check to see if the applicant is low-income.
Among the criteria for Iow-income are Cash Public Assistance, Family Income
(total means of support for family for a period of six months), Foster Child,
Homeless, or an Individual with a Disability. The TAG outlines documents that
are acceptable for WIA eligibility. In the case of Family Income, documentation
is provided for each applicable inclusive income source received by the applicant
and each family member for the six-month income period immediately preceding
the determination date. It is also necessary to verify family size when utilizing
family income eligibility. Again, only TAG approved documents are collected.
Intake / Assessment: Project RYTMO has established a method for assessing
each student and determining appropriate services. After being accepted into the
program, every student is assigned a case manager. The case manager will work
with the student to develop an lindal vidual Service Plan (ISP) — an assessment tool
that will be used to set individual program and skill development goals. The ISP
is used to evaluate the student's progress for the duration of the program and must
be updated weekly. Prior to the development of the ISP, a written "pre-test" is
administered to students to determine competency and knowledge of the given
subject matter. A comprehensive "post-test" is administered to students at the end
of the 8 -week program. The result provides a simple and effective method of
evaluating progress, knowledge retention and general overall progress.
Case Management: Subscribing to a "holistic" approach, Project RYTMO staff
uses case management to erase the barriers to success that face our participants.
Holistic case management is working with all aspects of the participant: physical,
social, mental, and developmental. Case management, specifically, includes:
counseling, developing a career goal, tutoring, mentoring, and advocacy -
anything that assists the participant in achieving self-sufficiency. Project
RYTMO staff uses a variety of resources and referrals to aid in the case
management process. It is truly a team effort.
Case management is recorded through case notes, the Individual Service Plan
(ISP), and MIS paperwork. Case Managers determine enrollment dates based on
the eligibility approval date. Consequently, it is at that time that services begin.
Moreover, case managers also provide student/parent orientation, personal and
career assessment, as well as matching them with a compatible adult mentor.
Program Services / Parent Involvement: Project R.Y.T.M.O. encourages
youth to express their creativity through the vehicle of music. The design of the
program aims to empower, enlighten and promote self-sufficiency in scholastic
achievement and work readiness skills via a professional artistic learning
environment. The program model is an 8 -week course including a total of 12 -
months of adult mentoring. During the 8 -week occupational training period,
students will be exposed to WIA work-related agencies that form part of the
W/O/R/K Center, in addition to special activities, training, and resources. These
agencies will provide services for youth who meet their own program criteria,
creating a consistent interaction of mutual services to youth. Classes meet after
school, three times per week. The course is designed for low income at-
risk/adjudicated youth between the ages of 17-21, who demonstrate one or more
of the following characteristics: skill/background on a musical instrument;
compositional/lyrical and/or vocal ability; technical/computer interesilability; a
high demonstration of interest for music and/or experience in the field of music
technology; and willingness/desire to commit to the program schedule, guidelines,
and mentoring design.
Classes are held in a professional recording studio environment providing a
creative learning experience to students wishing to learn more about all aspects of
commercial music technology. All course curriculums adhere to the State of
California Board of Education Standards. Curriculum topics include: History of
Western Music, Roots of Jazz, Basic. Music Theory, Commercial Songwriting,
Copyright/Publishing, and the Business of Music. Special emphasis is placed
upon instruction in music industry software programs, including Reason and
ProTools. Upon graduation, students will receive a Certificate of Completion,
which will enhance their work resumes, and allow students to participate in
additional services provided by Project RYTMO and the W/O/R/K Center. In
addition, parents are kept up to date on their youth's progress. They are also
invited to celebrate their youth's achievement and attend the graduation ceremony
upon their youth's completion of the program. Parents are also encouraged to
attend special activities and workshops such as alcohol, tobacco or drug
prevention strategies for youth.
Placement in Jobs or Continuing Education: The program's approach is built
around four goals: 1) preparation for and success in employment or internships, 2)
improving higher educational achievement, 3) support for youth through one-on-
one mentoring, and 4) services to develop the potential of youth as citizens and
leaders.
Project RYTMO staff consists of industry professionals who have direct
connections to potential employment.
Project RYTMO staff will also link with the Santa Ana W/O/R/K Center's
resources to assist in job placement. In addition, the Employment Development
Department will be used to guide participants from training to employment.
Youth that would like to explore postsecondary or continuing education will be
linked to an appropriate source, such as the community college system. Project
RYTMO staff will also assist any willing participant with completing any
financial aide paperwork.
Follow Up: After exit, follow-up services are provided to ensure the participant's
further progress toward long-term employment and self-sufficiency. Case
Managers will conduct follow-up at 30 and 60 days after exit, and then all
relevant quarters thereafter. Participants in the follow-up phase of the program
may receive: Leadership Development, Adult Mentoring, work related Peer
Support Groups, Financial Planning, Supportive Services (clothes, food coupons,
bus passes, etc.), Job Search Activities (follow-up participants are encouraged to
come in and speak with a case manager for placement). Resume/Interview support
and advice. Furthermore, it is strongly recommended that follow-up participants
attend our Workshops. At a Workshop, a participant may listen to a motivational
speaker, learn how to develop workplace social skills, or receive labor market
information. Project RYTMO staff may even have contact with a participant's
employer to resolve work related disputes. Lastly, a participant may also receive
services in securing a better job and/or guidance in additional education.
E. Facilities
1. State location where program services will be delivered.
Services will be delivered at:
Love & Laughter Recording Studios,
1007 E. North St. Anaheim, CA.,
2. How will participant access site if not within City of Santa Ana
boundaries?
If students are unable to find individual transportation to the recording studio facility
in Anaheim, they may request bus passes as an alternate means of access to the site.
More recently, the Children's Therapeutic Art's Center which is located in Santa
Ana, has partnered with Project RYTMO to provide a satellite program in music
technology for youth who are unable to attend the Anaheim site. This location is
easily accessible by public transportation.
3. List hours of operation?
Program schedule is:
Tuesday/Thursday.- 4pm-6pm,
Saturdays: 10am -12pm .
4. Is the facility compliant with the Americans witb Disability Act (ADA)?
Base your answer on completion of ADA/EEO Survey (see attachment F). Describe
corrective action plan if necessary.
(SEI; ATTACHMENT)
5. Discuss how Internet access will be available to program staff. List
computer programs/applications used by agency staff.
The studio facility and its satellite location are equipped with Internet access for it's
staff. This allows for easy access to VOS case management data entry, as well as
Internet and computer-based software, which are necessary for the ongoing
maintenance of the program.
Certain staff computers are also equipped with software useful for a variety of staff -
related work such as Microsoft Office, Quickbooks, and other administrative -related
software..
• In addition, certain student workstations are equipped with wireless Internet
access for use in homework, research, and other program related projects and
assignments.
6. Is the facility compliant with the Americans with Disability Act (ADA)? Describe
corrective action plan if not.
(SEE ATTACHMENT)
II. About Your Organization
A. Description of the Proposer
1. Discuss the current number of full time and part time personnel emploved,
average annual operatinp_ budget and sources of revenue.
Currently, Project RYTMO has two full time employees and four part-time
employees. The full-time employees are a Program director and Case Manager.
The part-time employees include the technology instructor. Tutoring & Mentor
Coordinator, Executive Director and Accountant/Bookkeeper.
The Project RYTMO average annual budget has been approximately $125,000.00
Other sources of revenue include:
Santa Ana WIB: $98,253.00
City of La Habra WIB:
$8000.00
Futuro Now Capacity Builiding Grant:
$7800.00
KCCD (Korean Churches for Community Development):
$7000.00
NAMM Foundation:
$5000.00
Marqlane Foundation:
$14,000.00
2. How long has your organization been serving Santa Ana youth?
Project RYTMO has been ser—icing Santa Ana youth since 2004. However, it was
not until 2006 through City of Santa Ana WIB grant funding that our organization
was able to service additional Santa Ana youth. The current estimated percentage of
youth Santa Ana youth serviced through Project RYTMO is 60%.
3. What hind of impact has your services made to the youth in the
community?
1. Engaging youth during critical hours of the day:
There is plenty of statistics supporting the need for keeping youth engaged in
productive activities especially after school. The so-called "Millinium
Generation" is typified by youth who are influenced by the Internet, media, and
TV shows like American Idol. Project RYTMO addresses this generation's need
for creative and positive artistic expression in a professional music and
technology environment that is both educational and prepares youth for potential
Job opportunities.
2. Better communication between vouth, families.. and local business:
Music also serves as a form of communication. It bridges the gap between young
and old, amateur and professional. It opens doors for dialogue, discussion and
interaction. Music bridges the communication barriers that are typical of most
youth and their families.
One example is how RYTMO hosted a Underage Drinkinp_ Town Hall Meeting
called "Above the Bottle " in April, 2008. The event included RYTMO
�)articipants who performed and "rapped" about positive messages to youth on the
dangers of underage drinking and substance abuse. It included testimonials from
youth and community leaders on drugs and alcohol, and provided valuable
statistics, stories and engaging performances through graffiti artists, hip-hop
dancers and an informative video.
Youth and families were invited to attend this event, which drew in a "standing
room only' crowd of over 300 youth and their families. In so doing, parents
became more aware of how to better deal with these issues, while at the same time
provide youth with vital information about drug and alcohol prevention.
Music Technology also attracts industry -related employers who recognize great
talent and potential growth for their businesses. It provides valuable insight into
the minds, thoughts and psyche of a generation who are struggling to find their
identity and purpose in life, and in their communities. This is especially insightful
for employers who are constantly keeping up with the marketing trends for their
consumers.
3 Fstablishing vocational & prof-essional standards for youth in the community:
This is something that businesses and parents can understand and relate to. Every
parent and business expects both a positive work ethic as well as excellence on
the job.
RYTMO provides a model for success in school, jobs, and careers related to
music technology and life. By maintaining a high standard of professional
standards, goals and educational values, youth get a "snapshot" for success
required in higher education, the corporate world and the music industry. They
discover productive ways to resolve personal obstacles in an environment that
encourages creativity and professionalism. These life -skills are essential for
integrating youth into the work force, and producing productive, law-abiding
citizens.
4 Briding the Cultural and Sub -cultural Yaps: Recent studies conducted by the
City of Huntington Park, CA, found that Middle School Hispanics who had a
positive artistic and/or musical outlet in their schools and communities were less
likely to be involved in destructive expressions, such as tagging and graffiti, gang
activity, and even drug trafficking. The study also showed that despite ethnic
differences and backgrounds, music and the Arts was a positive tool in helping
vouth better relate to each other. This was also true of sub -cultural barriers formed
within communities, such as gangs, gang violence or substance abuse, and their
destructive affect on our youth and society.
Project RYTMO has discovered that by allowing music/art to become the focus
of their time energy and expression, youth will form new communities that are
healthy and positive, regardless of their ethnicity or socio-economic background.
A recent example of this is a RYTMO participant who struggled with gang
influence, family issues, and addiction to inhalants. This young man was expelled
from school, and lost all interest in everything other than his art. Through a series
of artistic activities, musical projects and personal and family, counselim—.this
young teen is now back in school, off of drugs, disassociated with the gang
environment, and looking forward to a career in graphic art/design.
B. Experience
1. Briefly outline all youth programs that vour agency has operated during
the last 2 vears.
"Project R.Y.T.M. O." (Reaching Youth Through Music Opportunities),
originally funded through a Department of Labor sub grant through the Latino
Coalition, in 2004. This unique program was created to provide occupational
training for at -risk and adjudicated youth, utilizing music technology and the Arts.
The curriculum model is a 8 -week course that equips youth for the job market in
music technology -related fields. Project RYTMO currently services over 60
youth in Orange County.
• Pro -Teen Workshops: was a program designed for 8-12 youth, ages 13-18 yrs,
who demonstrate exceptional talent or skill in the music industry and other art -
forms.
The program involved 6 -weeks of intense mentoring, occupational training and
recording a music demo at Love & Laughter Recording Studios in Anaheim, CA
Music Men torinWInternships: One of CLAMA's missions is to utilize music
and the Arts to develop and educate young talent who demonstrate artistic
potential, yet who have little or no access to music industry occupational training
or related fields. Part of that development is clearly the mentoring of musicians,
artists and recording engineers, who demonstrate potential in the future of music.
Our mentors are made up of professional minority leaders, who provide
internships/job-shadowing, professional guidance and powerful stories that inspire
youth today. Mentors meet with students one hour per week, as well as provide
internship opportunities, and useful job-related insights into the music industry.
Mentors also follow a specially designed curriculum that was created for students
who are serious and committed about the music industry.
2. What kind of experience do you have in incorporating parents, youth and
employers into your programs?
By building strategic relationships with businesses such as the Heritage Forum
Theatre in Anaheim, Disney Productions, Celebration, Musical Theatre West, Love
& Laughter Music Productions, Biola University, Chapman University, Digital
Media Center in Santa Ana, Bernie Becker Recording, NAMM (National Association
of Music Merchants) and many others, RYTMO has successfully placed several of
it's graduates into valuable internships, job shadowing or work experience
opportunities. In addition, we have more recently developed an alliance with
youthjobs.com, who will provide RYTMO youth with online job referrals related to
the music industry. Other youth organizations like Kidworks and OC Therapeutic
Arts Center in Santa Ana, have hired RYTMO students as instructors for their music
programs. These types of partnerships demonstrate how local businesses and other
community programs can benefit and partner with youth programs to build job
opportunities for youth.
At the same time, RYTMO has been successful in involving the participation of
many parents of these youth in several ways. Among these are through our case
managers providing parents with face-to-face updates on the progress and special
needs of the students; scheduled activities and workshops for parents/teens in drug,
alcohol and substance abuse prevention, guest speakers/celebrity workshops where
parents are invited to attend, and graduation ceremonies designed to involve the
planning and participation of parents/guardians.
3. Describe how staff will receive training and ongoing staff development to
increase staff capacity and expertise in the field of youth development and
employment.
Staff will receive training and support development in a variety of ways. Including:
• Weekly staff meetings and program debriefing.
• Quarterly staff development by Program Director r'i.Xecutive Director for specific
topics/issues related to capacity building and program effectiveness to youth.
• Outside workshops/conferences that enhance staff capacity and productivity
• Partnership/Collaborative training and support through other Youth agencies,
organizations and coalitions, including the YSPN partners.
4. List the positions dedicated to this proposal. Include a description of duties
and time allocation for each responsibility. (SEE BELOW)
Resumes of Key Staff associated with
"Project RYTMO"
JOEY ARREGUIN: (Executive Director & president of CLAMA)
Title: Executive Director
Education: Bachelor of Arts, Music Composition, California State University, Fullerton
Qualifications & Experience: Over 29 years of experience in the music industry
working on numerous high profile film, television and theatre projects including Sergio
Mendes, The Terminator, Suzanne Somers, Morgan Fairchild, The Disney Channel,
HBO's The Sopranos, ESPN, Showtime, Univision, Telemundo. Universal Productions,
etc. Professional recording studio owner, music producer, songwriter, composer/arranger,
music consultant. Writer/Publisher, Member of ASCAP, BMI, CCLI and CMPA.
Duties/Responsibdities: Responsibilities include administrator and management of paid
staff, instructors, volunteers and curriculum of Project RYTMO. Coordinate recruitment
procedures, evaluation methods, follow up procedures, sponsorship programs,
t:ollaborations with youth agencies, and auxiliary programs that service at-
risk/adjudicated youth. Oversee fiscal and budgetary matters, fiscal reports, financial
disbursements, in conjunction with CLAMA Financial Administrator.
Time Allocation for this program: 10 -hours per week
MIKE ANDERSON:
Title: Program Director
Education & Experience: Over 28 years experience in upper management. Singer,
songwriter and accomplished musician. Contracted artist under legendary music producer
Robert "Bumps" Blackwell. (Billie Holiday, Sarah Vaughn, Dinah Washington, Ray
Charles, Sam Cooke, Quincy Jones, etc)
Promotional, marketing and music management for renowned 60's artists like Jewel
Akins, (Birds & Bees), Al Wilson (Show & Tell), Donnie Brooks (Mission Bell), and
Karl Carrasco (Cannibal & the Headhunters).
Duties & Responsibilities: Will oversee the weekly program operations of RYTMO,
it's staff, student enrollment, etc. Will ensure that case managers are effectively meeting
all program VVIB goals and performance_ WIII focus duties on job placement and
development for RYTMO participants. Emphasis will be on career development for jobs,
internships and work experience related to the music industry and technology fields.
\Maintain and develop relationships with community and faith -based
organizations programs essential for the growth and career advancement of RYTMO
students. Pursue new avenues for exposure of RYTMO to local media. corporations,
sponsorships and city agencies vital to the support system of the program. both financial
and as an organization.
Time Allocation per week: 30 hours
BRTTTAN)1' MANOR:
Title: Lead Case Manager
Education & Experience:
Extensive training as a dancer, actor and vocalist at the Los Angeles County High School
for the Arts. and went on to graduate from NYU TISCH School of the Arts in 200.5
(BFA ) as a Distinguished University Scholar. She is a member of the 5th Project Hip
Hop Theatre Collective devoted to performing new works and generating cultural
dialogue among youth around the globe. She also worked with Opening Act (_NYC)
teaching drama to vouch in inner city high schools. She currently tours and collaborates
with mane up-and-coming independent music artists as a vocalist in both New York and
Los Angeles. and freelances as an Concert Producer Promoter. In her pursuit of
ongoing acting and music projects.. Britt remains to be a keen advocate of arts -in -
education and urban development
Duties and Responsibilities: Maintains case files, participant intakes.. Individual Service
Plan. Individual Creative Plan. and weekly data entry of all case files into VOS
computerized system for the Dept of Labor, Santa Ana WIB requirements, follow-up
services and weekly volunteerimentor assessment and training. Shall attend and represent
all meetings associated with the Santa Ana Youth Council related to case management, as
well as serve as representative for Project RYTMO regarding case management to _youth
serviced who are residents of Santa Ana. and enrolled in the program.
Time Allocation per/week: 32 hours
ADRI-ANNE RALPH:
Title: Assistant Case Managers Tutoring & Mentoring Coordinator
Education & Experience: Graduate of the Canadian College of the Performing Arts,
Graduate of Youth'W"Ith A Mission Music DTS in Venezuela. Actress. dancer.
songwriter and singer. Piano and vocal instructor for over 8vears. Currently working on
her debut professional recording of original material in association with Love & Laughter
Music.
Duties & Responsibilities: Assists Lead case manager with specific case files. intakes,
individual assessments, follow-up and VOS data entry.. as required. Assist in job
placement duties and supportive services to participants.
Shall oversee all tutoring and mentoring duties including curriculum development,
administering and assessment of TABE tests, participant progress through tutoring and
volunteer and mentoring recruitment and training.
Time Allocation per/week: 30 hours
SHARON TAYLOR:
Title: Bookkeeper
Education & Experience: Business degree in accounting/financial management. Over
18 years experience as accountant and financial administrator in numerous companies,
firms, and businesses; knowledge in accounting and bookkeeping methods; knowledge of
current accounting software and non-profit fiscal management
Duties& Responsibilities:
Maintain consistent bookkeeping/accounting practices for all budgets, expenses, and
disbursements related to Project RYTMO. Maintain current knowledge and
implementation of both federal and state tax laws related to salaries, wages, payments
and record keeping. Provide weekly financial reporting to Project Director. Provide
monthly reports to CLAMA Board of Directors, as necessary.
Time Allocation per/week: 3 hours
INSTRUCTORS: (Independent Contractors
tan Miller: Senior Audio Recording Engineer
Qualifications & Experience: Professional recording engineer for over 20 years.
Expertise in both analog and digital recording methods and technology. Senior engineer
for Love & Laughter Recording Studios in Anaheim. Music producer, arranger, and
accomplished musician.
Karl Carrasco: Professional keyboardist, arranger, producer
Qualifications & Experience: Professional recording artist, musician for over 30 years.
Worked professionally as music director and accompanist for numerous artists including
Jewel Akins, The Temptations, Tony Orlando, Cannibal & the Headhunters, comedians
George Lopez and Paul Rodriguez.
Kyle Manns: Midi and Digital Recording Technician/Engineer
Qualifications & Experience: Graduate from Cal State Dominguez Hills as audio
engineer. Expert in digital audio recording/engineering and music technology
applications. Familiar with current music software programs for studio recording and
music technology.
Lisa Manor Arreguin: Vocal Instructor
Qualifications & Experience: Bachelor of Science in Psychology, San Diego State
University, Masters of Science, Human Resource Psychology, California State
University. Los Angeles. Over 10 years experience as vocal coach, and specializing in
developing young teens for careers in the music industry. Numerous record and
songwriting credits including Showtime 's , CBS's One Life to Live, All My Children, and
General Hospital. Recording artist with nationally distributed jazz/r&b recording label.
Former student of renowned vocal instructor Lis Lewis.
GUEST INSTRUCTORS:
Justo Almario: Renowned Latin iazz saxophonist
Qualifications & Experience: World renowned musician whose credits include
recording with Jennifer Lopez, Marian Carey, Marc Anthony, Celia Cruz, and Christina
Aguilera. Annual performances for the Grammys and Latin Grammy awards show.
Clinician and performer in the field of Latin woodwinds, and performance. Numerous
jazz, Latin jazz recordings with major record labels, television credits, and film credits.
Associations with numerous film recordings, including Selena. the movie, 1 he Mambo
Kings. and actor's Andy Garcia, Jimmy Smits, Jennifer Lopez and Paul Rodriguez.
Rick, Zahariades: Professional Studio session guitarist
Qualifications & Experience: guitarist for. artists Lauren Hill, Jessica Simpson, Nick
Lachey Joan Sebastian and others.
Holds a BM from Calfornia State University, Fullerton.
Del Atkins: professional bassist
Qualifications & Experience: world renowned bassist for Hip Hop producer Dr Dre,
rapper Snoop Dogg, DJ Kwik, etc. Has performed and written songs for Aretha Franklin.
and served as musical director for FOX television show "So You Think You Can Dance".
John. & Linda Wackerman: Pro Drummer & Artist Manager
Qualifications & Experience: John is known as one of the premier studio session
drummers. Most widely known former member of the legendary rock band Bad Religion.
Linda Wackerman was former manager for pop artist Paula Abdul from American Idol,
and for R&B performer Brian McKnight.
Doriana Sanchez: Professional Choreographer
Qualifications & Experience: Choreographer for Cher, Janes Addiction, Latin
Grammys, Rolling Stones, etc. Highly solicited for her expertise as live Las Vegas show
director and theatre choreographer. Worked with numerous rock bands, and created
choreography for China's Galaxy Circus, Cirque Du Soleil, and East L.A. Classic Theatre
productions.
Jewel Akens: Professional "oldies" artist
Jewel is widely recognized for his smash hit of the1960's "Birds & Bees" which brought
him great success all over the world. Jewel continues to provide valuable insight and
wisdom to youth about drug and alcohol abuse prevention.
Abraham Laboriel: Professional bassist, Latin recording artist
Qualifications & Experience: Masters Degree from Berklee Conservatory of Music in
Boston. World renowned bassist, most notably for recording with artists Sergio Mendes,
Tito Puente, Ivan Lins, Joe Sample, Herb Albert, and internationally known jazz group
The Crusaders. Among his film/television credits are "CUPS", Jamie Foxx, CBS, NBC,
ABC.. and the Grammy Awards.
His son Abe Jr. is currently drummer for Paul McCartney, Green Day, and Seal.
Mateo, the youngest of the Laboriel family has also participated as a special guest
instructor. Mateo's credits include productions for actor/singer Jamie Foxx, films for
Antonio Banderas and Ice Cube.
_Nate: Instructors provide musical and practical instruction and guidance in their fields
of expertise. Besides performing for RYTMO participants, guest speakers provide
insight and realistic perspective into the world of recording, performance, and
technology. They share personal success stories and inspirational experiences to
participants of Project RYTMO.
C. Fiscal Capacity
1. Describe the process used to capture and report fiscal data?
CLAMA/Project RYTMO employs the services of Sharon Taylor, a licensed
Bookkeeper, with over 14 years experience and knowledge in non-profil organization
accounting/bookkeeping methods such as payables, receivables, invoicing, tax
requirements, and other accounting practices required for proper fiscal accountability
and reporting. Sharon utilizes QuickBooks Non Protlt software to post entries and
reconcile all of CLAMA's financial accounts.
The process utilized to capture and report fiscal data is:
1. Collect.. review and approve all Purchase Orders, Requests for Funds, Expense
Reports, receipts, employee Time Sheets, and Independent Contractor invoicing
for services rendered.
2. All bookkeeping data is recorded using QuickBooks Non Profit Software for all
accounts.
3. Monthly fiscal reports are submitted to the Financial Administrator, CLAMA
Treasurer, Board of Directors and funding agencies, as required for approval.
2. Attach a copy of the procurement policies and procedures.
(SEE PROCUREMENT POLICY AND PROCEDURES, ATTACHEMENT)
3 What systems are used to ensure fiscal accountability and appropriate
expenditures, and planned costs?
1. All fiscal accountability, expenditures and planned costs are overseen and verified
by the CLAMA Financial Administrator on a monthly basis. followed by approval
by the LLAMA Executive Director. This process involves the review and
evaluation of budgeted items previously approved by the CLAMA Board of
Directors for the current fiscal year.
2. The Financial Administrator shall then provide monthly fiscal reports to the
CLAMA Treasurer, Executive Director, and active Board of Directors for fiscal
review, analysis and approval.
3. All bookkeeping/accounting records, files and data are reviewed by an
independent Certified CPA for review, analysis and accountability on a quarterly
basis for fiscal accountability. This includes all fiscal reports involving yearly tax
requirements to the IRS and State of California, relevant to 501 c-3 non-profit
organizations.
4. Describe invoicing process and list staff assigned to task.
CLAMA/Project RYTMO has hired and appointed a professional and licensed
bookkeeper to manage and oversee the weekly financial matters associated with all
grant requirements. Part of the bookkeeper's duties is to provide invoices on a
monthly basis and provide weekly reports to the Executive Director:
Based upon the budgeted funding approved by the funding agency, organization or
private donors, invoices are generated and posted utilizing QuickBooks software.
Invoices are then mailed to the appropriate funding agency as required by grant
contract. Once collected, all funds are deposited via check or direct deposit into an
individual checking account, or into the CLAMA General account as needed. All
deposits, checking accounts and statements are reconciled by the bookkeeper, and
reviewed/approved by the Financial Administrator. Monthly reports are provided to
the CLAMA Treasurer and Board of Directors for review and approval.
5 Describe how agency's financial stability is not dependent on WIA funds.
CLAMA/11roject RYTMO is funded through a variety of sources. These help
provide the organization with long-term sustainability goals, diverse strategies for
servicing different types of youth programs in the community, and the staff and
personnel necessary to carry out the objectives and mission of CLAMA.
CLAMA/Project RYTMO continually seeks out new granting and funding
opportunities to expand services in line with our mission statement goals and
objectives. Among such funding sources/donors are:
Federally funded Faith -based Coalitions:
Latino Coalition: a faith -based coalition whose focus is in servicing adjudicated
Latino youth in the U.S.
Futuro Now: similar to the Latino Coalition. this coalition's mission is to provide
capacity building funds for grass root organizations who service Latino youth in So.
California.
Korean Churches for Community Development (KCCD): focus is on
Asian/Pacific Islander youth in Orange County.
Federallv funded WIB/DOL prourams:
City of La Habra: WIB funded program to service youth in North and West Orange
County cities.
City of Santa Ana: WIB grant, currently funds Project RYTMO to service youth
who are residents of Santa Ana.
Private Foundations/Orizanizations:
Marqlane Foundation: private foundation whose mission is to help develop strategic
educational methods for communities where youth can become engaged through the
arts.
NAMM Foundation: (National Association of Musicians Merchants) A national
foundation whose focus is music education programs for children and youth in public
schools and communities around the U.S.
Private Donations/]n-Kind Services/Fundraising events:
CLAMA/Project RYTMO counts on the generous support of private donations and
In -Kind Services, such as local recording studios (Love & Laughter Studios, Bernie
Becker Mastering, John Vestman Studios, etc) and corporate donations such as
Maxell, Fuji, Carls Jr, Southern California Gas Co, and others. In addition, the
organization schedules yearly fundraising events to create greater awareness and
fmancial support for our programs throughout the year. These include the
contributions of well-known celebrities in the music industry, who help promote the
cause and mission of CLAMA/Project RYTMO. Many are also guest instructors for
RYTMO classes., which help bring expertise and inspiration to the youth in the
program.
*(SEE "INSTRUCTOR" section)
6. Submit most recent/2 years of audited financial statements (see attachment
`(SEE ATTACHED "CLAMA Financial Statement")
D. Subcontracting Subcontracting client services/activities is not permissible under this
ontract. However if planning to subcontract non -client services., identify subcontracts
role and estimated cost for services.
There are no sub -contractors or client services/activities utilized through Project
RYTMO under this contract.
However, strategic partnerships have been formed to provide greater quality of
services to the participants in the program.
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Exhibit C
COMPLAINT HANDLING
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
WIA
Santa Ana Local Workforce Investment Area
July 1, 2001
Table of Contents
1
I. Information Regarding Complaints ............................................................................................
2
A. Nondiscrimination and Equal opportunity Complaints ..........................................................
1. Policy Statement ................................................................................................................
..............................
3
. ........................ I
2. Civil Rights .......................................................... ..... .
3. Nondiscrimination Laws under WIA....................................................................................
4. How to File Your Complaint ........................................................... ...................................
B. Criminal Complaints ..............................................................................................................
11. General Procedures for Handling Non -Criminal Violations of the Act .......................................
6
Ill. 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
18
GLOSSARYOF WIA TERMS ........................................................................................................
1
I. Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
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.
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.
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.
M
3. Nondiscrimination Laws under WIA
Title VI of the Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or
religion.
The Age Discrimination Act of 1975
Prohibits arbitrary discrimination against persons age 40-70.
The Rehabilitation Act of f 1973
Prohibits discrimination based on handicap.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity
receiving federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Rights Act of 1964
Prohibits discrimination in employment based on race, color, religion,
sex, or national origin in all terms and conditions of employment and
establishes the Equal Employment Opportunity Commission as the
administrative agency.
White House Executive Order No 11246 as Amended by Executive
Order No. 11375
Creates the office of Federal Contract Compliance and prohibits
discrimination based on race, color, sex, religion, or national origin.
Department of Labor Secretary's Order no. 4-73
Prohibits discrimination based on sex.
Equal Pay Act of 1963
Prohibits pay differential solely because of sex.
ld
Emergency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, political
affiliation, or beliefs.
4. How to File Your Complaint
a. Put your complaint in writing.
b. Have it sworn to before a notary public, if possible.
C. Provides details that tell what happened, where it happened, and when
it happened.
d. Give the name and addresses of all persons who were present or who
had anything to do with the matter.
...Complaints on the basis of race, color, or national origin, age, sex,
religion, political affiliation or belief, retaliation and citizenship, must be
filed within 180 days of the alleged occurrence directly with:
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.
.1
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 complaints and geport of fraudplementincode of , al
section 667.600.... Federal handling of criminal p
and other criminal activity. "All informationdirectly d a d mlaints involving mediately to the City of Santa
other criminal activity shall be reported dir y
Ana and the Secretary of Labor."
�I. General Procedures for Handling Non -Criminal Violations of the Act
The following procedure is promulgated to meet the requirementsf Title 20, s f the and Code
o
Federal Regulations, Section 667.600 through 667.640 ofthe WIA at the State and
181 (c) of the Act (Public Law 105.200:2anresolutioe Sec. n gon of complaints by WIA
LWIA level for the receipt, investigation hearing,
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 written expression by a party alleging a violation of the
A complaint is defined here asor
Act, regulations promulgated under the Act, recipient
and conditions grants,subagof employmenttof such
specific agreements under the Act, including ter
participants in employment training programs.e Aloplat tended toe amendments
solve matters which
and
withdrawals shall be in writing. These procedures a
concern policies, procedures or action(s) arising in connection with WIA programs operated
by each LWIA grant recipient and subrecipient under the
These procedures shall not be construed as afferegarding any etermslabd cogditionseof
dy
outside of the WIA complaint process (i.e., disputes
employment of any employee who is not a participant),
non-WIA
, either p complaint. tr sAlsot these sly,
that a person may wish to pursue in the resolution o
nt recipient staff in carrying out informal discussion
procedures do not restrict the LWIA gra
101
ient staff
ng out inrmal
procedures do not restrict the LWIA grant
ptcomplaint discussion
and resolution of any problems outside of and without resort to he forma
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.
2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or
discrimination. Good faith efforts shall be made to informally resolve the
complaint prior to the scheduled hearing. Complainants have the right to
withdraw their complaints (in writing) at any time prior to the hearing. A
complainant may amend his/her complaint to correct technical deficiencies but
not to add issues.
3. Complainants shall have the righlevels of phe complaint process.
t to be reresented at their own expense by
person(s) of their choosing at al
4. Upon enrollment into employment or training, participants shall be provided
with a written description of these procedures, including notification of their
right to file complaints and instructions for filing.
An employer of participants, including private -for-profit employers of
participants, may use this or other complaint resolution procedures so long as
the participant is informed ofthe mpalaint resolution rmetthey are to
follow and the time frames governing ev'ew of complaints are
A "participant", within the meaning of these procedures, is an individual who
receives employment -training services under a program funded by Santa Ana
LWIA. The Complaint Resolution Procedures contained herein (or the
alternative procedures which an employer may use) shall be available to
participants to resolve disputes regarding items and conditions of employment
of such participants in employment training programs. However, such
procedures shall not be used to resolve disputes regarding terms and
conditions of employment of any em to ee who is nota 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. Complainants must initially file and exhaust LWIA grant recipient/hearing
procedures prior to appealing to the State except where the State determines
that the LWIA grant recipient's procedures are not in compliance with the
State's procedures.
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 LWIA.
"LWIA level" encompasses LWIA administrative entity and employers to which the
administrative entity has delegated the complaint resol topros with WIA programs
ess. The following
comprise the guidelines for resolving issues arising in connection
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
r`uestEor hear hearingqual Employment
opportunity Officer shall be considered as aeq
decision must be issued within 60 days. The alaint mustlso contain the folloe in wing
and
must be signed and dated. The complaint should
information:
a. Full name, telephone number, if any, and mailing address of the
complainant;
b. Full name, telephone number, and mailing address of the agency
involved (respondent);
C. Clear and concise statement of facts including dates constituting
alleged violation;
d. What provisions under the Act, regulations, grant or other agreements
under the Act, are believed to have been violated;
e. Remedy sought by the complainant; and
f. If the complainant is a private or public entity or corporation, and not a
natural person, the filing of the complaint must be duly authorized by
the governing body of such entity or corporation.
E:3
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.
C. 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.
the
d. If resolution does not
result,
istancecomplainant
to requestshall
abhear� g if dhe she so
necessary information and ass
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
0
b. A hearing will be scheduled by the EEO Officer within thirty (30) days of
the date of filing of the complaint.
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.
b. The date, time, and place of hearing before an impartial hearing officer.
C. A statement(s) of the alleged violation(s)
d. Advise as to where information or assistance may be obtained, and the
name, address, and telephone number of the Santa Ana LWIA Equal
Employment Opportunities (EEO) Officer who can answer inquiries.
Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence
not applicable. Unnecessary technicalities should be avoided. It should provide the
flexibility to enable adjustment to the circumstances presented.
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.
g. Within ten (10) days of the conclusion of the hearing, the hearing officer will
issue a recommended decision to the LWIA 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 LWIA shall
issue a written decision to all parties by first class mail. The final decision shall
contain the following information:
1. The name of the parties involved.
2. A statement of the alleged violation and issues related to the alleged violation.
3. A statement of the facts.
4. The decision and the reasons for the decision.
5. A statement of corrective action, if any, to be taken.
6. Notice of the right to request, within ten (10) calendar days of receipt of the
decision, a review of the decision by the State Review Panel.
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.
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 WID Office. The request
for review should contain the following information:
a. Full name, address, telephone number of the party requesting the
review
b. Full name, address, telephone number of the other party
C. A copy of the decision
d. Brief statement of reasons for review or the section of the LWIA
decision to be reviewed including regulatory and statutory citations
e. A statement of the relief sought.
13
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.
B. Conduct of Hearings.
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
b. Name, address, and telephone number'of the LWIA
C. Copies of complaints made at LWIA level from which no decisions were
issued or sanctions imposed
d. A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a
designated hearing officer will be scheduled.
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 records and docuort of her mep�sreleva�tpo the resent
oral and/or written arguments, to examine
issue(s), and to be represented.
The hearing officer shall issue a written decision, which shall be forwarded to the
State Review Panel for final determination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must
be approved by the Secretary of Labor.
C. State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the
WID, and one from the Director's office. The panel will issue a written decision,
which will be sent to the appropriate parties within thirty (30) days of receipt of the
request for State review.
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
re dew Shall be limit d to implementing
record
regulations or the grant agreement.
established at the LWIA hearing.
V. Procedures for Handling Discrimination Complaints by Participants
A. Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within
180 days of the alleged occurrence.
1. it is the responsibility of the Santa Ana 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
No later than 180 =Handlingf complaints filed at LWIA level arising in
days of alleged with WIA programs operated by LWIAs
discrimination
Informal Resolution Process
Filing of Complaint / Request for Hearing
w
0
Notice of Hearing issued by LWIA
Hearing Conducted
LWIA Decision within 60 days
Unsatisfactory Decision or LWIA Decision not
issued within 60 days
Within 10 days of
receipt of •
unsatisfactory
decision or 10 days Request for State Review
from date LWIA
decision should have
been issued ::::: j -
Governor's Decision issued by State Review
Panel
If no decision issued by State Review Panel
Appeal to DOL
M.
I LV
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.
ll be
3. Complainants alleging discrimination
Office of Civills part Rights (iOCR)mUtlS. Department
e aware of
their right to file directly with th
of Labor and applicable procedures.
4. Complainants must file their complaint directly with:
Lydia H. Morgan
EEO Officer
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, Ca 92701
Vl. 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
1. Complaints must exhaust the Santa Ana LWIA's informal resolution
procedures before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file
his/her complaint.
A. Procedures at the 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.
2. An informal conference will be held with the parties concerned in an effort to
resolve the issue(s). The complainant has the right to be present and may be
represented during the conference.
3. The Santa Ana 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 WID 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.
4. After the complainant has received a decision or no decision has been
received from the Director of Employment Development Department (on
behalf of the Governor), the complainant has the right to appeal his/her
complaint within thirty (30) calendar days to the Office of Civil Rights (OCR)
with the Department of Labor.
17
No later than 180
days of alleged _
discrimination
If no resolution reached
Unsatisfactory Decision or No Decision
Filed within 30
days of
LWIA/State
Decision or 90 -
days from date of
initial filing of
complaints
Day 1
Day/45 Day
60 Days
GLOSSARY OF WIA TERMS
AGE DISCRIMINATION ACT - A law passed by Congress in 1975 which prohibits discrimination
on the basis of age by any program or activity receiving Federal funds.
APPLICANT - An individual who applies to a subrecipient or contract for services provided under
WIA and who has no yet transitioned to the status of participant.
ASSESSMENT - Services designed to determine each participant's employability, aptitudes,
abilities and interests and to develcp a plan to achieve the participant's employment and related
goals; also to identify the available employment and training activities appropriate for the
participant. Testing and counseling may also be used during the assessment process.
CHARGING PARTY CP COMPLAINANT GRIEVANT OR AGGRIEVED PERSON - The
person who charges that he/she has been discriminated against under Department of Justice
nondiscrimination and civil rights regulations and/or guidelines.
DISCRIMINATION - In general, a failure to treat all equally, whether intentional or unintentional;
the effect of an action, policy or practice which selects an individual or class of persons to receive
unequal treatment.
ELIGIBLE NON -CITIZEN - Lawfully admitted permanent resident, aliens, lawfully admitted
refugees, and parolees and other individuals authorized by the Attorney General to work in the
United States.
EMPLOYER - An employer subject to the provisions of the Civil Rights Act of 1964, as amended,
including state and local governments and any Federal agency subject to the provisions of Section
717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by
Executive Order 11246, as amended.
GRIEVANCE - An allegation that something imposes an illegal obligation or burden or denies
some equitable or legal right, or causes injustice.
HANDICAPPED INDIVIDUAL - Any individual who has a physical or mental disability that
constitutes or results in a substantial handicap to employment.
INTAKE - Includes screening to determine eligibility; to select from eligible applicants those
individuals who are most in need and can benefit from program services; to complete procedural
requirements necessary to enroll an individual into the program and to refer those not enrolled to
other programs.
JOINT COMPLAINT - A complaint of employment discrimination covered by Title VII or the Equal
Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC
unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in
employment and other practices and pattern or practice "joint complaints" are normally investigated
by OCR.
JURISDICTION - Authority to investigate and resolve complaints against an institution subject to a
law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc.
PARTICIPANT - Any applicant who has: (1) Been determined eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post -termination
services) funded under the Act, following intake, except for an individual who receives only
outreach and/or intake and assessment services.
19
Exhibit D
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS GRANTS, LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer 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.
3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more that $100,000 for
each such failure.
Grantee/Contractor Organization Program Title
Na e o rtifyi Official Signature
Certification Regardin—a
Debarment Suspension, lneliaibility and N'otuntary Exclusion
Lower Tier Covered Transactions
49.
This certification is required by the regulations implementing 1:xecutive Order 1 __ ibi
Debarment and Suspension. 29 CPR Part 98, Section 98.51 U, Participants' ,Responsibilities. The
reculations were published as Part VI1 of the May 1 b. 1988. Federal Register (Pages 19160-
19211).
(Before completing certification, read instructions which are an integral part of certification)
1. The prospective primary participant, 0 e. grantee) certifies to the best of its knowledge and
belief. that it and its principals:
a. Are not presentl\ debarred, suspended_ proposed for debarment. declared ineligible, or
voluntandv excluded from covered transactions by any federal department or agency.
b. Have not within athree-year period precedmp this proposal been convicted or had a
civil judgment rendered against them for commission of fraud or a criminal offense -7
comlection with obtaining. attempting to obtain. or perforating a public (federal. state
local) transaction or contract under a public transaction: violation of federal or state
antitrust statues or commission of embezzlement. theft. forger>�. br�bery, fals ficatton or
destruction of records. making false statements. or receiving stolen propemT_
c. Are not presently indicted for or otherwise criminally° or civilly charged by a
Government entity (federal. state or local) with commission of any of the offenses
enumerated in paragraph (1 )(b) of this certification: and
d. Have not within a three-year period preceding this application !proposal had one or
more public transactions (federal. state or local) terminated for cause or default.
2. where the prospective primary participant is unable to certify to ani° of the statements in this
certification. such prospective participant shall attach an explanation to this proposal.
- s (C L -r 7111,4)
S'-tci �(C
Grantee!Contractor Organization
Name ab Title of Official .Authorized to Certif-
On Behalf of the Grantee
S-1�--6
Date
Exhibit E
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is
placed by the U.S. Department of Housing and Urban Development in awarding the
grant. If it is later determined that the contractor knowingly rendered a false
certification, or otherwise violates the requirements of the Drug -Free Workplace
Act, the U.S. Department of Housing and Urban Development, in addition to any
other remedies available to the Federal Government, may take action authorized
under the Drug -Free Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the contractor's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees
about -
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a)
that, as a condition of employment under the contract, the employee
will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for
a violation occurring in the workplace no later than five days
after such conviction.
Pg. 2
(e) Notifying the U.S. Department of Housing and Urban Development
within ten days after receiving notice under subparagraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving
notice under subparagraph (d)(2), with respect to any employee who
is so convicted -
{ 1) Taking appropriate personnel action against such an employee,
up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement,
or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d), (e)
and M.
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: /6 '1b -of
�6r�ogram�Operator���
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE
REQUIREMENTS
Name:
Name of Contractor:
Contractor Number:
Date:
Christian Latino Association of Music and
W91FOISFIR]
The Contractor shall insert in the space provided below the site(s) expected to be
used for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each
site):
1007 E. North
Exhibit F
BUDGET FORM
Parlang fees
Security
Administrative
Program j
Total R IA
0
Match/In
0
]�o more than l0%
0
0
Insurance (Liability Ins)
Kind
� 0
allowed.
200.00 j
Equipment rental fees*
0
1 0
Personnel
LI
Vehicle lease*
0
0
0
Salaries*
Participant Incentives*
28,465.00
28,465.00
245.00
7116.00
1 Mike Anderson-Prog Director
0
1000.00
1000.00
250.00
i Total Operating Expenses
2. (See Attached salary sheet)
17,965.00
19,165.00 !
4791.00
GRAND TOTAL
(Total Personnel 1 Total
Operating Expenses)
1200.00
1
3.
48,230.00
12,057.00
Use separate sheet if necessan�.
Benefits*
1. �Vorkman's Comp
600.00
600.00
150.00
3.
Use separate sheet if necessary.
Total Personnel
1 600.00
29,065.00
29,065.00
7266.00
Operating Expenses
j
1
Rent or user fee*
0
6000.00
6000.00
1500.00
Utilities
0
1000.00
1000.00
250.00
Phones
0.00
600.00
600.00
1 150.00
Internet fees
0.00
0.00
0.00
0.00
n
Parlang fees
Security
t►
0
V
0
V
0
0
Maintenance
0
0
0
0
Insurance (Liability Ins)
.800.00
� 0
800.00
200.00 j
Equipment rental fees*
0
1 0
0
0
Vehicle lease*
0
0
0
0
Office expenses
400.00
800.00
I2U0.00
300,UU
(consumables)
! 0
0.00
0.00
0.00
Accounting Services
0
5720.00
! 5720.00
1 1430.00
Legal services
0
0.00
j 0.00
0.00
� A d�tn � g sereices
0
0
0
0
.0
Indirect costs*
0
0
0
0
Staff'Volunteer�Mentor
training
! 0
0.00
0.00
0.00
Staff travelimileage
00.00
400.00
400.00
100.00
Participant VVa es*
0
1 1000.00
1000.00
250.00
Support services*
0
1 1200.00
1200.00
300.00
Participant Incentives*
0
245.00
245.00
61.00
Other (list)* Prof Fees
0
1000.00
1000.00
250.00
i Total Operating Expenses
1200.00
17,965.00
19,165.00 !
4791.00
GRAND TOTAL
(Total Personnel 1 Total
Operating Expenses)
1200.00
1
47,030.00
48,230.00
12,057.00
*See Budget Fornr Instructions
Attachment "Ga,_ Project RYTMO
Budget Narrative -Salaries & Benefits
ITEM Hours Pav Rate: _YR/TOTAL
1. Executive Director:
6hrs/wk
$0
$0
(Joey Arreguin) -See Narrative
2. RYTMO Program Director:
15hrs/wk
$14.00/hr
$7,980.00
(Mike Anderson) — See Narrative
3. Lead Case Manager:
16hrs/wk
$13.50/hr
$8,208.00
(Britt Manor)
4. MentorNolunteer/Tutoring Coord:
15hrs/wk
$12.50/hr
$7,125.00
(Adri-anne Ralph) - See Narrative
5. Instructor:
6hrs/wk
$13.00/hr
$2,964.00
(Kyle Manns)
*NOTE: Salaries based on a 38 -week pay period
Total Salaried Staff: $269277.00
Employee Taxes: $ 2188.00
Grand Total: $28,468.00
—1. Executive Director (Joey Arreguin) will work 6 hrs/wk in administrative/executive
duties related to Santa Ana contract. His salary will be paid through other funding
sources.
*R2.RYTMO administrative duties will now be assigned to the Program Director, Mike
Anderson. Mike will work approximately 15-hrs/per week overseeing administrative
responsibilities related to RYTMO students who are residents of Santa Ana.
—4. Mentoring/Tutoring Coordinator (Adri-anne Ralph) is a new addition to the RYTMO
staff. Adri-anne will administer the recruitment, matching, training and monitoring of the
Adult Mentoring Program for each Santa Ana youth enrolled. This staff member also
monitors and assists the Lead Case Manager in participant job placement, work
experience and internship opportunities for a caseload of 10 Santa Ana youth. In
addition, Adri-anne also serves as the coordinator of our after-school tutoring
component for Santa Ana RYTMO participants.
Attachment "G" (Continued)
Budget Narrative — Program Operating Expenses
Employer's Expenses/Benefits
Workman's Comp will total $600.00 for the portion of annual coverage for all
employees and staff related to this grant only. Employer's expenses via payroll
taxes will total $2188.00. There are no other benefits for employees through this
grant funding. Any additional benefits shall be paid through other grants and/or
funding sources.
2. Rent or User Fee - Anaheim Facility
The program will use Love & Laughter Recording Studios in Anaheim, CA to
provide program activities on designated days/hours. As of 2008, the studio has
rented additional space to RYTMO including a new office space for RYTMO
students and staff. The recording facility normally rents studio time @ $75.00/per
hour. Estimated weekly use of the studio is 25-hours/per week @ $75.00/hour,
for a total of $1875/week, $8125/month and $97,500/year.
RYTIJ'iO will rent all of the 3000 -square feet of the studiolean additional 200
square feet for office space. Love & Laughter Recording will in-kind
$6925/month of the total cost for use of the studio and equipment. The Santa
Ana grant funds will pay a flat rate of $600/per month to service 10 participants at
the studio facility. $600/month X 10-months=$6000.00 per year.
This amount will not include costs for utilities, phone, Internet, etc.
3. Utilities
Partial utility expenses for the Anaheim studio will be paid by CLAMA. Estimated
costs are approximately $100.00 per month or 1 /3 of total utility bill over a 38 -
week period. Total amount allotted for utilities is $1000/year.
4. Phones:
Partial phone expenses for both the administrative offices in La Mirada and the
studio facility in Anaheim are estimated at $50/per month, or 1/3 of total phone
bill. $50.00 x 12 months = $600.00.
5. Internet Fees
High speed Internet services at the Anaheim & La Mirada facility will be paid by
other funding sources.
2
6. Maintenance
There are no costs associated with this category. CLAMA will pay for the
maintenance costs for computers through other funding sources.
7. Liability Insurance Fees
Liability Insurance is required by contract with the City of Santa Ana. The current
total rate for liability insurance for RYTMO is $1300/per year. Approximately
$800.00 will be paid by the Santa Ana grant funding.
8. Office Expenses
Approximately $120.00/month of administrative and program office expenses will
be paid by Santa Ana grant funds, for an estimated total of $1200/year.
9. Bookkeeping & Accounting Services
CLAMA will utilize the services of an independent bookkeeping service to
maintain, review and prepare all bookkeeping records and reports for this grant.
The bookkeeping service charges $33/per hour for a licensed non-profit
bookkeeper. CLAMA estimates that it will need their services for 3.61 hours/week
over a 48 -week period. 3.61 hours/week at $33 per hour = $119.13 x 48 weeks =
$5720.00/year.
10.Auditing Services
CLAMA will not utilize auditing services for this grant funding.
11. Staff/Travel Mileage
Partial mileage expenses for CLAMA staff will be reimbursed through Santa Ana
WIB grant funds. Direct expenses incurred will be for transportation of youth, staff
training, house/school visits, special activities and events directly related to the
program. The total amount allotted for this category is $400.00/per year.
Additional mileage reimbursement will be paid through other grant funding
sources.
12. Participant Wages
Paid work experience for up to 4 Santa Ana participants out of the 10 total
enrolled. Each student will be working approximately
2 to 4hours/ea at $8/hour. Total estimated work hours = 125 hours/per year or
15.62 hours/ per participant. 125 hrs@ $8/per hour=$1000/year.
13. Support Services
CLAMA estimates that approximately 6 Santa Ana participants may need
supportive services, such as bus passes, interview clothing, GED testing fees,
etc. 6 participants X $200/per student = $1200.00/per year
Note - See attached Support Sen4ces Policy Sheet
14. Participant Incentives:
CLAMA estimates that all 10 Santa Ana participants will require incentives in order
to reward and promote perfect attendance, increasing math/reading scores by two
grade levels, obtaining their GED, High School diploma, credential, jobs that pay
more than minimum wage, and/or completing two semesters of college work.
The incentives range from computer USB storage devices, blank CDR's and DVD's,
to various class/learning-related items such as gift cards or movie tickets, etc. Each
participant will be eligible to receive incentives a maximum of twice per each 8 -week
session and throughout the 4 -levels of class offered/per calendar year.
10 students@ $24.50/per student= $245.00/per year.
15. Professional Fees:
CLAMA/RYTMO will utilize the professional services of a Certified Public
Accountant, and other specialized professional services related to the Santa Ana
grant funding. The total estimated costs for this expense are $1000.00/per year.
16.Matched/in Kind Funds:
a. In -Kind Match: Project RYTMO is estimating that 10 of the 20 Mentors
tutors and volunteers will volunteer approximately 4 hours of time per
week. Their duties will range from adult mentoring to music digital
engineering professionals providing one-on-one instruction and life
skills support. Tutors will provide after-school tutoring to students who
require basic skills support. We will use the fair market value to place
a dollar amount of each of the volunteer's contribution and maintain a
timecard for each volunteer to track hours provided. We are estimating
an in-kind contribution of $18/ per hour per volunteer. 10 volunteers x 4
hours per week = 40 hours/week x 4 weeks = 160 hours/month x 12 =
1,920 hours per year.1,920 hours x $18/hr = $34,560.00 per year of
in-kind match.
Direct Program Expense: Corporate sponsors will provide a cash
match of $3,000 to pay for time in a recording studio for project
participants in the Advanced Digital Music Technology activity.
Corporate sponsors will negotiate a reduced rate of $50/hour. The
project will pay for 60 hours of in -studio time. 60 hours x $50/hour =
$3,000.
c. Music Industry Sponsors/Donations will in-kind 75% of the cost for
studio use for Leadership Development & Work Experience for
0
participants. Sponsors will pay for 20 hours of studio time/per
participant project at a reduced rate of $50/hr. 20-hrs x
$50/hr=$1000.00. Sponsors will pay 75% tuition and travel costs
related to training, student exchange programs, etc.
Exhibit G
Assurances & Certifications
Selected prt+eiders will be required to sign and submit "actual" assurances and certificates as
required h� the Cite oI Santa Ana and the Workforce investment Board on all contracts.
1 recognize that 1 must give assurances for each item below. if I cannot. this proposal will he
auwmaticall� r leered. Neasc initial each
box.
1 am authorized by ml Board of Directors. Trustees. other JoLally qualified officer_ or as the owner of this
�. aLenc, or business to submit this proment list.
posal.
[�- W c are not currently on am f=ederal.. State of California or local Debar
[y Vie will provide records to show that we are fiscally solvent_ if needed.
V�rIA funds
We have. or will have, all of the fiscal control and accountmg procedures needed to ensure that
will be used as required by law and contract.
We have additional fundin<_ sources and will not be dependent on WIA funds alone.
NA e do or will meet the applicable Federal, State. and local compliance requirements. These include. but are not
ji'mited to:
1 ords accurately reflect actual performance.
aimain record confidentiality. as required.
[F orting financial, participant. and performance data_ as required.
C9mpl\ with State and Federal fiscal and program activiuv audits.
QCo tplying with Federal and State non-discrimination provisions.
vteeting requirements of Section 504 of the Rehabilitation Act of 19?:.
tin requirements of the Aiiterican's v ith Disabilities Act of 1990. (submit completed survey)
4�ng all applicable labor lam. includingChild Labor Law standards.
uee to provide a drug free workplace.
ee to insure the Cite of Santa Ana through General Liabilin Insurance and Automobile Liability
Co�aQe ut the amount of Sl_000.000.00 polio.
QA� e to provide all participants with Grievance Procedures.
UAgree to insure proposer's employees through Workers Compensation Insurance
t_u%iuding pan -time employees.)
Qf11
rocurement policies and procedures are in place and meet federal guidelines.
We 1l not:
P1� a youth in a position that will displace a current employee_
1 �WIA money to assist_ promote. or deter union organizing.
�munds to employ or train of persons in sectarian activities.
used
se funds for youth Ju the construction. operation, or maintenance of any part of a facility to be
f sectarian instruction or religious worship.
Ise WIA funds for activities that would interfere with or replace regular academic requirements for
zoligible vouth who are not dropouts.
QLise V,;I.A funds to carr\ out programs funded under the School -to -Work Opportunities Act of 1994
pt,fess the programs)) are only for youth eligible to participate under WLA.
QIse WIA money under this contract to purchase any equipment.
I hereby assure that all of the above are true.
Nam Title Date
oup Lir w 1 I.'+ua ucy
DATE (MIAIDDIYYYYI
Aca�v_ CERTIFICATE OF LIABILITY INSURANCE skis -s 09/19%D8
pROGUGER THIS CERTIfiCATE IS ISSUED AS A MATTER OF INFORMATION
Apollo CG>Ot�l' 1 Lines #0394D33 OILY AND CONFERS NO RiG}iTS UPON THE CERTIFICATE
Apollo Agencies, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE CGYERAGE AFFORDED BY THE POLICIES BELOW.
p. O. Box 1161D
Santa AnaCA 92'711 "CpiTane: I LA-832-21OD Fax:114-832.-'7208 INSURERS AFFORDING COVERAGE
-- ---
INWRED iN5Tk7ERA;
__
Endurance _
�P4SLIaER B: T
-------------
caristian Latino Assoc MAURFRC
of Ddusic _ t Arts
La miradatCA 90638 WSURERO
WSUkER E
COVERAGES
THE POLICIES OF INSUAANC7='_ISTEG BELOW love eEE4J ISStIEO TD iME uvsUR�D NAfAFD Af30VE FOR THE PCLtCY PERIOD INDICATED. NOTW11H.c•IAt+D11J0
ANY REDUIRE MEhl1_ TERM CYt CONOITIOW OF 'CONTRACT OR OTHER OLKVMEW VATH RESPECT TO Vd9CH. THIS CERTIFICATE MAV BE tSSLIED OR
MAY PERTAIN� TtINSURANCE AFFDRDED 8Y THE POLICIES DESCRIBED HER: W I5 SUBJECT TC Pi.'--_ T'HE. TERMS, EJ(CLUSIDNs PND CflNOITI)q"S OI SO("J'
P^.L IUEE AGGREGATE LWMTS SIOWN MAY HAVE BEEN RE7JCED BY PAID CLAMS.
LTR IN TYPE Of MSURANCE
POLFCYNLA4ER i DATE RAMIDDrYY'I OATE'MWDD/YY: LMITS
ffl��E
S
G@TERAL LIABfl.1TY X CONAERCL&I G&J RAL LIABLITYCLAIMS MAM C'OCCUR 5
PERSONAL a ADV INJLRY
_1
GENL AGGREGATE LIMIT APPLIES PER.
—"
POLICY L27' LDC
I AUTO IA DBR_E LIA9ILRY
PANIALRO
j ALLOWIEL AUTOS
5C1ECIAED SVTO5
HAEO AUT04,
- I NCN-OVdJE;: SOS
GARAuA LU191LIT'
AM' AUTO
• I'
!7 1 /telL
1
EXCESVUMBRELLA UABILrrY 1
r
I OCCJP �-.1 ..11.IM5 ktADl 1
II DEDUCTIBLE
PL EMION
iWORI-ERSCOMPENUTIONAND
EMPLOYER: LtASALM wW000423603
AN PROPRIETCR'?APDIE RIF)CCUTNE
I OFFrER1MEMBE_� EXCLUDED?
1
"'m aescnogt".r
SPFCJAL PRDVISICNS 081UA _
PROOF OF ZNSURNZICE
CERTIFICATE HOLDER
City of Santa Ana
Santa Ana WIA Admin Office
Attn: Anabell Bates
1408 E Santa Ana Blvd Ste 200
Santa Ana CA 92701
ItO
c\1'6
GENER4i. AGGREGATE
1PRCOUCTS _ CDMFIOP AGG
COMBINED SIAL LIMIT $
IEE ocmwNI
I
BOO10 N JJRY
IPer Persw
BODILY WILRY
$
1['er axloerrt;
P{2_iPERTY DAMAGE
b
(Per arr.WelA"
CIDENT
}
ASCAGC
4
AT�LW
SS
S
S
x
091D8/0$ f 09/08/09 rE-L.EA� s 100000G
e.L._:i E-EAEW_O`F s1QO00DD
E.L. DISEASE - POLIC- LIME I s 1DO OO DO
CANCELLATION
Ci'1'SA-2 SHOULD AHY OF THE ABDVE DESCRIBEiD POLICES BE CANCELLED wDRE THE EXPIRATION
DATE THEREOF, TME IsSLj MG INSURER WILL E610iAW00,90 MAIL SD DAYS WRIT734
Tn nn enc a,
NOTICE 70 TME LC-RTIFICATE NDLDER P:AMM TO T'NE LEFT. di7 IEIHR` Nr.
"OpReRBI+ alwa-
9 ACORD CORPORATION I
JC�.J t:"t Vv I !.YVQ JVCj'
IMPORTANT
If the certificate nolder is an ACD''TIONA- INSURED, the policy(ies) must be endorsed. A. statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}.
if SUBROGA-ION IS INA IVEC, subject tc the terms and conditions of the policy, certain pollcies ray
require an endorsement. A, statement on this certificate does not confer rights to the certificate
holder it lieu of such endorsement(s).
DISCLAIMER
The rertiftcate of Insurance on the reverse side o� this form does not constitute a contras` between
the issuing insurer{s , authorized representative or producer, arc, the certificate holder, nor does it
affirmatively or negatively amend, e4end or alter the coverage afforded by the policies listed thereor
JUII V`t VV V I,viy JUGy y I
JUN-9ct^2808 95:134 PM Lou4&LausMTer
hrULLU AULNUIEb INC
552 943 7666
PAGE 02/03
P. 02
C1EA.Zb-s D5 22 09
Cw CERTIFICATE OF LIABILITY INSURANCE e►,o &- °A'DS/t2?D1
__ �,
PRQWMR
Apollo CFm' 1 Lines *0394033
Apollo ilgaoci4t, Loc.
P, O. Bax 11630
sent" ae6 CA 92911
Rose:714-832-21CO Fax;1'A4-832-1208
TWWbCERTN'ICATEin1affi1EDASAMATTE" OfRVOR1iMT1GM
ONLY Alia COHFERB NO RIGHTS UPON YME CENTWICATE
HOLLiR.THisCIRTMAT'EDOES NOYAMM. EXTE"DOR
ALTE:1 THE COVEIRAM Arm"DeD By THE POLWWR SLOW.
ENB nmAPFORDOCWERAGE NAICM
Tmam— �"' -
wmIVAA LurAen Awm&rfrau Ine. CO -
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PAN SICTa ssdatenae
CbRtian Latigg As60Clation
of 3an C i Arts
is°mss ditCh Oi3i
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PAVERR -
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arroeto r++or+HE Iuou� QESCRaom FOUCF� es cAwonaEo a�soFla TFre axnFll►naT.
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the POL ict s Cr NNAMM USED 4RAM ItANE LENT *V4070 THE p pd' b —4MAa-- WPM'" Pfwm 00rCAlm NorwW 1oYlAR)m
City Of sem to Alm
*,r vEnutt WWE TEG+ OR COMMM OP irrr MP"ACF FR OalR Oa 3W.W YAM RF:1FS^C r To *140H MK COMPICAIE MAY N 12RJn l OF
MCIE.. oeocReWt1,P w0 MOXCT 11 AL "f tnw w=ustwts my cnmma r ax"
Beata Ana Rix Agin t&lee
30ky MPTMM. TFE MFlRNI= WBQROFL ey"
rM1MS. Ar aWa^ye LwTC 00v1N ANT FPY6 OEENFI OMM LiY SND d Eva
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APAMINVEM
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12/34/01
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7100000.0
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•MxCept 10 dWya lo3r mm–EFaVinwit Rif PzWWA W. COrtifiCits bOieei is named aA
an A442itional Inauze'd with xesp=ets to Earacsal LL&biliLy.
r
I
i
CIRTII'ICATE HOLM"!-----
arroeto r++or+HE Iuou� QESCRaom FOUCF� es cAwonaEo a�soFla TFre axnFll►naT.
tZ'lSiL-2
� Fneaeo►, TYE ItMIFVG IhI�LIIeEF MM.L nurro '' 30 onnl wpRrew
City Of sem to Alm
ware To TFE C!>RrsICAT; F+al6RRruweo n] ENE LaT
Beata Ana Rix Agin t&lee
Attu: Ausbali Rates
APAMINVEM
loco S Santa Ana DIVO Ste 200
Arwom
sant: Acs CA 92'►01
L_
• AE:ORO t`•CR ATlbi! In"
AC DRG Zs 12u61 mal 0111110 /r 1_011�
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JUN -2S- 9:"s Lxc .�S
Pr, L.,w� F` LCLUI-r,I Fr 552 4�3 ioOE•
EXH13IT 8
ADDITIONAL INSURED ENDORSEMENT
insurance Company Zuri&.Americar Ins. Co.
PAGE 03/03
his endorsement modifies such insurance as is afforded by the provisions Y Policy
# PPS00466922 relating to the following,
1 The City of Santa Ana, 24 Civic Center Plaza, Saryte Ana, Califomia
92702; Its officers, ernp►oyees. agents and volunteers are named as additional Insureds
{'additional insureds) with regard to liablfity and defense of suits arising from the
operations and uses performed by or cn 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 benafh of the additional insureds.
3. This insurance applies separately to such insured against whore ctairn is
mace or suit is brought except with respect to the compeny's Prnits of liabjlity. The
inclusion of any person or organization as an insured shall not o feet any ngtr, which
such person or organization would have as a claimant K not so included.
4. With respect to the additional insureds, this insurance shall 'not be
canceled, or rnaterially reduced in coverage or Gr its excel after thirty (30) days written
notice has been 91ven to the City of Santa Ana, 20 Civic Oenter Plaza, Santa Ana,
California 92702.
(Completion of the following, including countersignature, is required to make this
enmrsement effective.)
Effective !2130107-1260108
PolicypP540466922
Issued to f'hristaan
11 To V34 -signed t
�Ygp�
Attorney
Ass�sta�t
, this endorsement form as,3 part ca