HomeMy WebLinkAbout25N - YOUTH PRGRM OPERATORREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 1, 2009
TITLE:
YOUTH PROGRAM OPERATOR AGREEMENTS
PROGRAM YEAR 2009-10
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute the
attached agreements with the following Youth Program Operators for
Program Year 2009-10 for a total of $721,915, subject to non-
substantive changes approved by the City Manager and City Attorney:
a. Orange County Children's Therapeutic Arts Center to provide
tutoring, job preparation, work experience, and job placement
for eighteen Out-of-School Youth in the amount of $146,147,
through June 30, 2010;
b. Taller San Jose to provide vocational training, job preparation,
and placement to fifteen Out-of-School Youth in the amount of
$118,539, through June 30, 2010;
c. Orange County Youth Commission to provide tutoring, mentoring,
job preparation, and job placement to four In-School Youth and
four Out-of-School Youth in the amount of $42,488, through June
30, 2010;
d. Orangewood Children's Foundation to provide tutoring, job
preparation, and placement for fifteen Out-of-School Youth and
three In-School Youth in the amount of $96,687, through June 30,
2010;
e. Santa Ana Unified School District/ROP to provide mentoring, work
experience, and placement for thirty In-School Youth in the
amount of $153,300, through June 30, 2010; and
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Youth Program Operator Agreements PY 09-10
June 1, 2009
Page 2
f. Orange County Conservation Corps to provide on-the-job training,
tutoring, job preparation, and job placement for fifteen Out-of-
School Youth in the amount of $164,754, through June 30, 2010.
2. Authorize the City Manager
Memorandum of Understanding
the Youth Service Provider
the amount of $232,085.
WORKFORCE INVESMENT BOARD ACTION
and Clerk of the Council to execute the
with the Santa Ana W/O/R/K Center for
Navigator service to June 30, 2010, in
At its Regular Meeting on May 8, 2009, by a vote of 17:1 (Zarate,
Beasley, Lewis, Gebre, Wadhera, and Metzler absent; Jimenez-Harm,
Carter, Conway, Van Artsdalen abstained) the Workforce Investment Board:
1. Recommended that the City Council approve and authorize the City
Manager and Clerk of the Council to execute contracts with the following
Youth Program Operators for Program Year 2009-10 as recommended by the
Santa Ana Workforce Investment Board and Santa Ana Youth Council:
Youth Program Operators
1 Orange County Children's Therapeutic Arts Center $ 146,147
2. Taller San Jose $ 118,539
3. Orange County Youth Commission $ 42,488
4. Orange wood Children's Foundation $ 96,687
5. Santa Ana Unified School District $ 153,300
6. Orange County Conservation Corps $ 164,754
2. Recommended that the City Council approve and authorize the City
Manager and Clerk of the Council to execute the Memorandum of
Understanding with the Santa Ana W/O/R/K Center for the Youth Service
Provider Navigator service to June 30, 2010, in the amount of $232,085.
DISCUSSION
Under the Workforce Investment Act (WIA), the Santa Ana Workforce
Investment Board (WIB) and its Youth Council are required to make
funding recommendations each program year utilizing WIA youth funds in
order to provide WIA services to local qualified at-risk youth.
A Request for Proposals (RFP) seeking providers for youth services was
released on December 29, 2008 and ten responses were received (Exhibit
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Youth Program Operator Agreements PY 09-10
June 1, 2009
Page 3
A Request for Proposals (RFP) seeking providers for youth services was
released on December 29, 2008 and ten responses were received for the
2009-10 program year. On March 26, 2009, the RFP Review Team met to
review the proposals and make funding recommendations. These funding
recommendations have taken into account the WIA requirement to ensure
that at least thirty percent of the youth funds are spent on out-of-
school youth and to serve the neediest youth as outlined by the
Department of Labor's "New Strategic Vision for the Delivery of Youth
Services under the Workforce Investment Act." Additionally, these
recommendations are the first step needed to ensure that at least eighty
percent of the funds are obligated each year, as required by the Act.
FISCAL IMPACT
Funds are available in the FY 2009-10 budget of the Workforce Investment
Act account (account no. 123-295-6933 for Youth Program Operators and
123-225-various for Youth Service Navigator).
APPROVED AS TO FUNDS AND ACCOUNTS:
~d1.Cynthia Ne son
((JJ Deputy ty Manager for
Development Services
Community Development Agency
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Francisco Gutierrez ~j,J
Executive Director
Finance & Management Services Agency
CJN/LAS/FJ/kg
Youth Program Operators PY 09-10
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Exhibit 1
SANTA ANA YOUTH COUNCIL
RFP Review Committee
RATING SUMMARY SHEET
PY 09-10
The RFP Review Committee determined that six out of ten proposals meta 70% threshold of points available in
the evaluation criteria.
Funding Recommendations:
PROGRAM RANKING AVE. POINTS FUNDS FUNDING
REQUESTED RECOMMENDATION
OC Children's 1 84.5 $146,147 $146,147
Therapeutic Arts
Center
Taller San Jose 2 78.25 $118,539 $118,539
OC Youth 3 73.5 $132,794 $42,488
Commission
Orangewood 4 72.25 $96,687 $96,687
Children's
Foundation
Santa Ana 5 72.0 $153,300 $153,300
Unified School
District
Orange County 6 71.75 $164,754 $164,754
Conservation
Corps
Orange County 7 64.0 $129,506 Funding not
Department of recommended
Education
The Bridge 8 63.25 $100,000 Funding not
recommended
OC Bar 9 62.0 $128,514 Funding not
Foundation recommended
Christian Latino 10 61.5 $87,544 Funding not
Association of recommended
Music and Arts
~ i. r~~p~sa~ rcanxmg summary ~y-1u
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SANTA ANA WORKFORCE INVESTMENT BOARD/YOUTH COUNCIL
AND THE
SANTA ANA W/O/R/K CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR
This Memorandum of Understanding is entered this day of 2009,
by and between the Santa Ana Workforce Investment Board ("WIB")/Santa Ana Youth
Council and the Santa Ana W/O/R/K Center ("Provider") acting in its capacity as the
Youth Service Provider Navigator.
1. PURPOSE: The Santa Ana Youth Council designated the Santa Ana W/O/R/K
Center as their "Service Navigator" for all WIA youth services, and its eligible
participants. The Service Navigator's function within the Youth Service Provider
Network is to coordinate services in a manner that eliminates bureaucracy from the
participating providers.
2. STAFFING RESPONSIBILITY OF "PROVIDER":
The Santa Ana W/O/R/K Center must provide sufficient staff to conduct the following
roles:
A. Assist with recruitment of potential WIA youth participants to Youth Service
Provider Network
B. Refer eligible youth to appropriate WIA youth providers
C. Collect eligibility documentation (both at provider location and Service Navigator
site)
D. Certify WIA eligibility
E. Ensure accuracy and timely submission of all Job Training Automated (JTA) MIS
system forms
F. Provide technical assistance and eligibility training to all providers
G. Develop policies and procedures to ensure compliance with Federal, State and
Local WIA rules, regulations and goals
H. Track and maintain program provider performance goals
I. Coordinate co-enrollment among youth providers
J. Actively participate on the Santa Ana Youth Council
K. Coordinate (and provide as needed) follow-up services with providers and
participants
L. Provide on-going Labor Market Information related to youth to providers
M. Provide on-going ADA/EEO information/training
N. Provide on-going information/training on Child Labor Laws
O. Provide legislative/regulatory updates on services, programs impacted by Youth
Workforce Development
P. Collect, analyze and report to Youth Council the results of the Customer
Satisfaction Surveys
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Q. Create and implement a continuous improvement project based on the results of
the Customer Satisfaction Survey
R. Be available and prepared for monitoring by Federal, State and SAWIB staff
4. FOLLOW UP SERVICES: Follow-up services will be a coordinated effort
between the W/O/R/K Center Service Navigator and the youth program operators.
The purpose of follow-up is to determine a participant's employment and educational
status after exiting the WIA program and to provide additional assistance if needed.
5. BUDGET: The W/O/R/K Center acting as the "Provider", shall provide all of
the services discussed herein as well as those set forth in Exhibit A, for the monetary
amount set forth in its budget attached hereto as Exhibit B. Said Budget may
annually be updated as approved by the WIB.
6. DURATION: This MOU shall remain in effect until a written cancellation is
submitted by either party giving a 30-day advance notice.
7. AMENDMENTS: Either party may propose amendments to this MOU at any
time by providing written notice to the other. Amendments to this MOU shall require
the approval of the authorized signatory for the WIB and the Deputy City Manager
for Development Services, on behalf of the W/O/R/K Center.
8. DISPUTES: The parties shall first attempt to resolve all disputes informally.
Any party may call a meeting of all parties to discuss and resolve disputes. Should
informal resolution efforts fail, the dispute shall be referred to the Deputy City
Manager for Development Services to act as mediator, to attempt to resolve the
dispute by holding an informal hearing with presentations by both parties. If the
Executive Director's resolution efforts fail, any party may file a grievance with the
Deputy City Manager for Development Services for review and hearing. The parties
agree to be bound by the final determination resulting from that procedure. All costs
associated with the grievance procedure shall be borne by the losing party.
9. SEVERABILITY: If any part of this MOU is found to be null and void, or is
otherwise stricken, the rest of this MOU shall remain in force.
10. HOLD HARMLESS: Each party to this MOU agrees to indemnify and hold
harmless the other parties, their officers, agents, employees, and volunteers from and
against any and all loss or damage, and from any and all suits, actions and claims
filed or brought by any person or persons arising out of acts or omissions of the party
or its officers, agents, employees or volunteers in the performance of this MOU.
11. DISCRIMINATION: Provider shall not discriminate because of race, color,
creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry,
or disability, as defined and prohibited by applicable law, and Provider affirms that it
shall comply with all applicable federal, state and local laws and regulations.
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12. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its
attachments have the authority to commit the party they represent to the terms of this
MOU, and do so commit by signing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:
Patricia E. Healy
Clerk of the Council
CITY OF SANTA ANA
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Cynthia J. Nelson, Deputy City Manager
For Development Services
MOU Youth navigator 7-09
Santa Ana Workforce Investment Board
By:
Title:
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Exhibit 2
The City of Santa Ana
W/O/R/K Center
Service Navigator Plan
Program Year 2009-2010
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TABLE OF CONTENTS
Executive Sununary 3
Outreach & Recnjitmeut ~ 4
Training and Technical Assistance G
Eligibility Determination ~
Completing JTA & MIS Forms ~
Job Development & Placement g
Fei•foi~nance Manageme3it g
Customer Satisfaction . 10
Fiscal oversight 11
Fiscal Capacity 12
Organizational Strengths and Staff Capacity.. 13
Eligibility Flow Chart (Attachment A) lb
Staff Responsibilities (Attaclunent B) 18
Budget (Attaclunent C) 22
Budget Narrative (Attaclunent D). 23
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EXECUTIVE SUMMARY
The concept of the "Daisy Wheel" service delivery was adopted in 2002 by the Santa Ana Youth
Council to provide an "All Youth One System", where resources would be leveraged from a
network of Youth Service Providers now known as the Youth Service Provider Network
(YSPN). The concept allowed youth regardless of eligibility to receive services from the various
Service Providers and the Santa Ana W/O/R/K Center (SAWC). The Workforce Investment Act
(WIA) requires that ten program elements be delivered in a developmental approach to allow
youth to receive resources that will help them overcome barriers to education and employment.
The WIA ten elements require a collaborative, coordinated and sequenced approach to assisting
youth served with WIA funds.
The YSPN was formulated with this principle in mind so that no one Service Provider would
have to provide all ten elements, allow more youth to be served by the Service Providers through
other non-WIA funding streams, and to streamline services provided to youth which were
fragmented prior to the development of the YSPN. The YSPN consists of Service Providers that
collectively offer the ten WIA program elements in a creative and interactive manner. The
concept, as required by the YSPN, allows the Service Provider to focus on what service they
specialize in and do best. This, however, is not possible without the role of the Service
Navigator. The role of the Service Navigator is critical to promote broad-based coordination and
cooperation among all youth Service Providers and to provide the technical assistance needed to
make the network a success.
Funded through the Santa Ana Workforce Investment Board (WIB)-Youth Cauncil and acting as
the Youth Service Navigator, the City of Santa Ana W!O/R/K Center (SAWC) assumes the
prirnary responsibility of determining youth eligibility, providing technical assistance, training
and sharing best practice in case management, placement, exit, and fallow-up services, In
addition, the SAWC ensures the completion and accuracy of all required forms and
documentation. As the Service Navigator, the SAWC will work cooperatively with all Service
Providers from the initial outreach, recruitment and intake process to the successful completion,
exiting, and follow-up of all WIA youth eruolled in the YSPN.
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As the Service Navigator, the SAWC brings to the YSPN over 15 years of extensive experience,
administering a variety of Federal and State funded programs. Staff is well versed in both
programmatic and fiscal requirements. As an on-going effort, the SAWC has made it a priority to
keep staff updated and trained on all State and Federal workforce legislation pertinent to various
targeted programs. Since the inception of the YSPN, the SAWC has been instrumental in helping
the Network meet the required performance measures tluough consistent oversight and guidance
in intake, eligibility, case management, exit, and follow-up. Moreover, through its partnership
with local businesses and organizations, the SAWC has a comprehensive realm of services and
resource available to the YSPN and the youth they enroll. This year the SAWC will be working
with businesses in the community to place 400 WIA youth in paid work experience during the
summer.
The SAWC will maintain communication with the youth Service Providers during the life of the
contract by coordinating monthly meetings with all Service Providers for program, legislation,
MIS/JTA paperwork updates, .and to address any questions or concerns they may have.
Individual meetings with Service Providers will also be an•anged to assist and address individual
issues or questions. The SAWC will assist with the marketing, recruitment, outreach, and
placement efforts of the YSPN. Ultimately the SAWC's goal is to provide the assistance and
tools necessary to allow the Service Providers to focus on providing streamlined services to the
youth of Santa Ana. A more detailed description on how the SAWC will fiurction as the Service
Navigator is explained below:
OUTREACH AND RECRUITMENT
Since the development of the YSPN, the SAWC has made it a priority to inform the public of the
services and programs available through the YSPN. Through its partnerships and collaboration
with community agencies, the SAWC has been engaged in plaiuling and participating in
community events, job fairs, resource fairs and conducting presentations to connect youth with
the YSPN programs.
Some of the major events in which the SAWC participates include the Annual Summer Youth
Job Fair hosted by Employment Development Department (EDD), Senior Transitions Day hosted
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by the Santa Ana Unified Sd~ool District (SAUSD), and the World of Work Career Fair
sponsored by the Orange County Department of Education. Utilizing the relationships we have
established with the SAUSD, EDD, and the Orange County Department of Education, the
SAWC has been able to deepen its outreach effort to a much broader base of youth, parents, and
educators in the community. The SAWC recognizes the importance of marketing the entire
YSPN and its comprehensive programs and services. Every effort is made to ensure that staff
markets the network at ali jo$ fairs, youth oriented recruitment and outreach events, thus,
benefitting all Service Providers.
Tl~e SAWC, in partnership with the EDD, launched the Youth Help Desk at the WORK Center
in the summer of 200'7; the objective of the Youth Help Desk is to offer a place for youth to
obtain information, services, work readiness assistance and referrals. Staff has been trained to
conduct comprehensive assessments for youth, address workforce needs, provide referrals to
YSPN programs, and be an overall resource to the youth that come to the SAWC. The Youth
Help Desk has been inshttmental in bringing to fruition one of the initial goals behind the Daisy
Wheel YSPN concept, which was to provide an "All Youth One System" that provides all Santa
Ana youth with services regardless of eligibility.
The SAWC has been able to leverage resources through the City of Santa Ana's Economic
Development Department for marketing materials and to work collaboratively with the Business
Outreach Team to promote services offered by the YSPN, Youth Help Desk and SAWC. In
addition, this summer the SAWC SAY Employment Program will offer work experience to
youth that must be WIA eligible which in turn will offer a pool of eligible individuals for the
YSPN to enrollment feom,
TRAINING & TECHNICAL ASSISTANCE
For more than 10 years, the SAWC staff has successfully administered and implemented many
federally and state funded employment and training programs. As an on-going effort, the SAWC
has made it a priority to keep staff updated and trained on all State and Federal workforce
legislation pertinent to various targeted programs. Over tl~e years, staff has acquired and kept
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abreast with the latest workforce trends and legislative changes to ensure compliance with state
and federal regulations. Staff has developed comprehensive training manuals and conducted
regular training for all Service Providers using a customer fi•iendly and easily understood format.
Since the inception of the Daisy. Wheel YSPN in 2002, staff has also translated various complex
system measurements and mandatory reporting requirements into an easily understood format for
the YSPN Service Providers. As the Service Navigator, the SAWC has organized and/or
developed the following training for all Service Providers in order to stay current and be in
compliance with our state and federal regulations:
• What is WIA?
• Enrollment Strategies
• Case management Strategies
• Co-Enrollments
• Credentiallnforrnation
• Fiscal Invoicing
• Fiscal Responsibility
• Becoming Familiar with
your Agency's Contract
• Performance Measures
• New Enrollment Intake
• Case Notes
• Exit Strategies
• Follow-up training
• Disability Awareness
• Data Validation
For the past seven years, the SAWC, as the Service Navigator, meets with the YSPN on a
monthly basis to provide them with monthly reports and the status of their case loads. At the
monthly YSPN meeting, the SAWC reports out on enrollments, activities, exits, and follow-ups.
As needed, the SAWC also conducts staff in-service training for the Service Providers and alerts
them of any changes to paperwork as well as modif cations to process and procedures. Cne of
our goals has been to provide the YSPN with all the tools necessary to allow them to focus on
providing services to the youth in Santa Ana. The SAWC continues to avail itself to all Service
Providers for individualized training and technical assistance. At times, when Service Providers
have experienced staff turnover, the SAWC staff readily stepped in and provided much needed
transitional and customized training to ensure continuity and consistency of service delivery.
Examples of training niclude eligibility requirements, intake process, activity setting, case
management tecluliques, performance management, exit sh•ategies and follow-up techniques.
The trainings were tailored to meet the specific needs of each Service Provider.
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ELIGIBILITY DETERMINATION
TI~e SAWC as the Service Navigator will assume the primary responsibility of determining WIA
youth eligibility in accordance with Federal, State, and local rules and regulations. We will train
Sewice Providers an the eligibility process, provide eligibility forms, calculate participant's
family income, determine participant eligibility, review and analyze participant activities, and
process eligibility JTA/MIS foi7ns.
The SAWC has a designated Eligibility Technician with the experience and knowledge to
determine WIA youth eligibility effectively. The Eligibility Technician will review all submitted
applications and determine eligibility by verifying eligibility documentation, youth participant
right to work, selective seLVice compliance (for males 18 years and older), and determining
income eligibility in accordance with the Poverty Guidelines. Review goals and activities to
ensure that PerfoiYnance Measures can be attained, record the participants' information in a
database in order to produce reports necessary to keep Service Providers informed, and forward
accurate JTA forms to MIS personnel.
Recommendations, suggestions, and/or corrections are given to each Service Provider as needed
to ensure that the eligibility requirements have been met, and that enrollment goals for each
program and the YSPN as a whole are reached. An Eligibility Iflow Clrart is attached (see
attachment A) to provide a better understanding of how eligibility is processed.
COMPLETING JTA & MIS FORMS
The SAWC will ensure that JTA/MIS forms are completed accurately and submitted within the
allotted timefi•ame. We will review all JTA/MIS forms to ensure accuracies and compliance with
Federal, State, and Local guidelines. All Service Provider will be provided with computerized
JTA/MIS forms, training on completion of JTA/MIS forms, and a JTA/MIS Time Line Policy.
SAWC staff will be available to answer questions and provide tecluiical assistance to all Service
Provider regarding the forms,
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JTA/MIS forms are processed in a cluonological order by the Service Provider and the SAWC.
Once the application, activity foam, and youth test score foi7ns are submitted to the SAWC, it is
the responsibility of the Service Navigator to ensure that all infoi7nation is accurate and the
activities match the youth's needs. In addition, the SAWC ensures the documented youth test
scores are accurate and that all fo~7ns have appropriate signatures. It is very important to track
key information fiom each form in order to produce reports for Service Providers, track
performance outcomes, and have the information readily available to provide guidance to the
Service Provider on how to proceed with their participants at any given period. The SAWC has
developed its own tracking database tailored to provide the above capabilities while giving itself
the flexibility and information to provide the YSPN with specialized teclmical assistance.
In addition to the tracking system, a reference file has been created for each youth enrolled in the
YSPN in order to track JTA/MIS foi•~ns and ensure accuracy of information. The SAWC will
make copies of the completed JTA/MIS foams and forward them to the MIS Unit for entry into
the State data system for official etuollment. Copies of the 7TA/MIS forms with an official stamp
will be retui7~ed to the corresponding Service Provider.
As activities are closed, the Service Provider is to submit JTAIMIS forms along with data
verification, if necessary, to the SAWC who will ensure their accuracy, input the data into the
kracking system, make copies of the forms, and submit the forms to the MIS unit for official
recording.
Once a Service Provider is ready to exit a youth participant, SAWC is consulted to determine the
best exit strategy. The objective is to make sure that the youth has received quality and necessary
assistance to improve their situation and meet WIA Performance Measures. As the Service
Navigator, the SAWC is responsible for reviewing every exit form, requesting data verification if
necessary, obtaining post test score forms, making sure that all activities are closed, and ensuring
that exiting the youth is in the best interest of the youth first and then to the YSPN as a whole.
Once that has been established, all exit foiYns and pertinent information are input into the
tracking system and copies are made and sent to the MIS unit for entry into the JTA system.
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Follow-up services will be conducted for one year for each exited participant by the responsible
Service Provider. Follow-Up forms will be submitted to the SAWC for review, for input into the
tracking system, for data verification, and to enter into the JTA system.
JOB DEVELOPMENT & PLACEMENT
The SAWC has a comprehensive realm of services available through its partnership with local
businesses and organization. The SAWC is an integral pat•t of the City's Economic Development
Department that is comprised of workforce development, Empowerment Zone and Enterprise
Zone Programs. The Enterprise and Empowerment Zone programs are designed to promote
business growth and job generation by offering state and federal tax credits and highly valuable
economic incentives to businesses. Many of our Santa Ana residents including youth qualify for
these tax credits, thus providing significant bottom line savings for Santa Ana businesses. It is
through all these various links that the SAWC is able to provide flee community with quality job
placement assistance and offer connections to a strong labor market. The SAWC will offet•
assistance and guidance in job placement by notifying Service Providers and youth of job
opportunities, employer on-site• hiring recrlritments, and job fairs. SAWC will notify Service
Providers daily via electronic mail and/or flyers regarding job announcements.
hi addition, the SAWC in the last year has become an integrated system and has merged their
resources and staffing with our various partners like EDD. This integrated approach allows more
individual assistance for our older youth to find employment. Workshops on resume writing and
interviewing are just a few of the added components to helping them find employment. The
SAWC also offers "Provelt", a computerized assessment tools that provides clients the
opporhu~ity to assess their skill and knowledge in over 100 skills and career interest.
PERFORMANCE MANAGEMENT
The SAWC, through its extensive experience administering Federal and State funded programs,
understands that WIA performance management is vital to the success of the YSPN. As of July
1, 2007 the Department of Labor (DOL), Employment and Training Adminish'ation (ETA)
approved the Common Performance Measures. As the Service Navigator, the SAWC prepared
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for these changes and had staff attend common measure trainings through DOL and at the annual
California Workforce Association Conferences, This is just one example of our commitment to
helping the YSPN stay in compliance and up to date with new regulations so the YSPN can
succeed in meeting all Federal, State, and locally mandated performance measures. The SAWC
also provided training on common measures to allow all Service Providers to have a basic
understanding of what common measures are and how they will affect them.
The SAWC will provide all Service Providers with individual exit oversight, Staff will meet
individually with each Service Provider to go over exit strategies for each youth actively enrolled
on their case load and evaluate which youth are ready to exit the program and holy their exit will
impact the overall success of the YSPN. The SAWC will train all Service Providers on how to
exit and follow-up on their youth in order to comply with federal, state, and local regulations.
We will use our data base to provide reports to the Sezvice Providers and inform them of follow-
up due dates for each participant at their 30, 60, 1St, 2"a, 3ra, and 4°i quarter follow-up. The
Sezvice Provider will also receive updated charts and data informing them of how they are doing
with their WIA Performance Measures individually and as a Network. This will ensure that as a
network we stay informed of our planned versus actual goal attainments and that we meet all
requirements and measurements.
CUSTOMER SATISFACTION
Measuring customer satisfaction has always been an integral part of the YSPN program
operation. Currently, the SAWC is responsible for monitoring and supporting continuous
improvement work teams as well as monitoring and increasing customer satisfaction for the
entire SAWC. A customer satisfaction survey tool for clients and employers has been developed
for those serviced by the SAWC. The SAWC will assist in tailoring a survey for participants
under the YSPN. All Sezvice Providers wilt administer suzveys during the life of the program as
youth are exited fiom the program. In addition, all customer satisfaction outcomes will be
reported to the Youth Council. The SAWC will create and implement a continuous
improvement plan based on the results of the customer satisfaction survey. We are committed to
providing exceptional customer services and will strive for continuous improvement utilizing
data collected and by sharing this valuable information with all youth Sezvice Providers.
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FISCAL OVERSIGHT
The SAWC is responsible for processing the Service Providers invoices and reimbursement
requests. It is the responsibility of the SAWC to ensure that all Service Providers understand
that the utilization of WIA funds is to be reasonable, allowable and allocable as required by
Office of Management and Budget (OMB) circulars, Code of Federal Regulations, EDD
Directives and City of Santa Ana policies. The Fiscal Specialist provides a mandatory annual
training to all Service Providers fiscal staff regarding the necessary requirements for invoicing
their program expenses. At this aurzual training, all Service Provider receive a YSPN Fiscal
Regulations binder with the fiscal regulations and resources necessary for the successfitl fiscal
management of their programs.
The Santa Ana WIB is required by federal regulation to conduct a fiscal monitoring of all
programs fiinded by WIA. Onsite monitoring must occur at least once during the program year,
must review fiscal records as well as policies and procedures, and provide a written repozt
delineating findings; any needed corrective actions, a timeline foz• accomplishing the corrective
actions and include any follow-up on corrective actions. The SAWC Fiscal Specialist establishes
a monitoring schedule for visiting each program operator in the YSPN. During the review,
financial records are sampled to ensure accuracy and compliance with federal, state and Local
regulations. Technical assistance is offered when necessary to establish and maintain accurate
accounting procedures. SAWC fiscal staff works with the service provider's fiscal staff to
resolve any issues that arise fiom the monitoring. Written reports are issued indicating findings
and tiveaknesses. Staff follows up with the program operators to resolve findings and maintain
financial records as required by regulations.
FISCAL CAPACITY
The SAWC is a part of the City of Santa Ana. All fiscal and procurement operations follow the
policies and procedures of the City. As a part of the City's accounting system, the SAWC has
various account numbers assigned that relate to specific funding sources. Revenues and
expenditures are coded with account numbers relating to those funding sources. Monthly
financial statements are produced based oi~ charges to those accounts. The monthly reports
11
25N-18
indicate the line item budget amounts, expenditures against the budget and the balance remaining
for each account and funding program.
Accowlts Payable
YSPN service provider invoices with accompanying documentation are received and reviewed
by the SAWC staff for allowable and reasonable expenditures and for completeness of
documentation. Any discrepancies are reported back to the Service Provider with requests for
additional documentation as needed. After the invoices have been reviewed, they are forwarded
to the Fiscal Specialist for final review, assigning of account numbers and approval for payment.
The invoices; along with a request far payment, are sent to City Hall for processing. During the
payment process at City Hall, the payment amount, payee, invoice number, payment date and
account number are entered into the accounting system. (See Attachment C -Invoice Process)
General operating costs of the SAWC are processed in a similar manner. Invoices are reviewed
by the Fiscal Specialist who assigns the relevant account code based on the chart of account
established by the City. The invoices are approved and forwarded for processing and payment.
At the end of the month, expense reports are prepared by account az~d distributed to the various
agencies within the City.
Payroll
As part of the City of Santa Ana, SAWC staff is paid twice a month. Time sheets are completed
by all staff indicating functions and programs that have been worked on during that particular
pay period. That information, with the accompanying account numbers, is entered into the
payroll system by the Payroll Specialist. Payz•oIl dallat• amounts are posted to the accounting
system and are reflected on the monthly financial reports.
Procurement
The SAWC follows the City of Santa Ana's procurement policies as well as federal and state
regulations related to procurement. Purchase requisitions for items over $500 are entered into
the accounting system and approved by the finance staff at City Hall. Buyers from the
Purchasing Department review the requisitions and issue purchase orders following City policies
12
25N-19
and procedures. When the goods are received by SAWC, staff compares the goods delivered to
the purchase requisition for completeness and accuracy. The purchase order paperwork is
approved, signed and returned to the Purchasing department. Payment for the goods is initiated
through the Purchasing department following City procedures.
ORGANIZATAIONAL STRENGTHS AND STAI`r CAPACITY
The SAWC brings over 15 years of experience operating various federally, state and locally
funded employment and training programs, and has consistently met or exceeded performance
expectations. Listed below are some of our organizational stt•engths.
1. A state recognized, award-tvirnring entity with a proven record in leadership, workforce
innovation, service integration and quality services.
2. A One-Stop Center with versatility in its service delivery that is capable of addressing the
needs of diverse target populations resulting in the diversification of multiple funding
streams.
3. Effectively leverage resources across an extensive network of partner agencies and
community organization. Demonstrated fiscal stability and program sustainabi[ity over the
past 20 years.
4. Exceptional track record in successfully implementing the following programs: W1A
Adult, Dislocated Worker, Youth Formula Grants, Rapid Response, National Emergency
Grants, Governor's 1S% discretionary Grants, 25% Grants, DOL Welfare-to-Work Grant,
DOL Faith-based Initiative Grant, The Santa Ana Federal Empowerment Corporation
funded -Housing and Urban Development Grant -FEZ Daisy Wheel Employment and
training Program, DOL -Youth Earmark Grant, the Department of Justice -Weed and
Seed Program.
S, Staff is well versed and current in all workforce legislations. Tlu•ough members in State and
national workforce associations, staff has the ability to access timely workforce intelligence
as well as any pending legislative changes and to share the information with network
service providers.
13
25N-20
6. Has a fully developed internal monitoring and performance management system in place.
Comprehensive and time-tested policies and procedures manuals are updated regularly.
STAFF CAPACITIES:
Economic Development Manager: Has over 20 years of experience in govermnent and
overseeing various federally, state and locally funded workforce and economic development
programs. Manages the various funding streams and operation of the Santa Ana WORK Center.
Serves as an active member to the Santa Ana Workforce Investment Board,
Workforce Specialist III: Has a Bachelor's degree in Sociology from UC hvine, and over I 1
years of experience working in the City of Santa Ana with a special focus on serving the youth
population. Managed and oversaw Youth Service Provider Network, Extensive experience in
managing performance based programs with diverse populations. Developed and fostered
collaborative relationships with youth service providers and community based organizations. Has
served as an active member of the Santa Ana Youth Council Board since 2001. Is a recipient of
the "California Workforce Association 2008 Overall Outstanding Workforce Professional" of the
year award.
Workforce Specialist I: Has a Bachelor's degree from Chapman University. Over 4 years of
experience ~vorking with youth and young adults in the education and workforce development
field. Specializes in community outreach, marketing, eligibility determination, assessment, case
management teclmiques, internal program monitoring, data management, job development and
jolt placement,_Is a recipient of the "California Workforce Association 2008 Overall Outstanding
Workforce Professional" of the year award.
I+iscal Specialist: Has a Bachelor's degree in Business Administration -Finance. Over 32 years
of accounting and budgeting experience, of which 25 years were in budget oversight for various
divisions within the City of Santa Ana. 13 years in contract writing, oversight and monitoring
for the DOL Employment and Training Administration funded workforce programs. Thoroughly
familiar with government accounting and legislative requirements.
14
25N-21
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25N-23
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25N-25
Youth Navigator Budget
Fisca[ Year 2009-10
Salaries
Benefi#s
Tota! Personnel Costs:
Operations:
Communications
Training & Travel
Office Rent
Office Supplies
Office Operations
To#al Operations Costs:
Indirect Costs
Supportive Services
Total Youth Navigator Budget:
Attachment C
$146,680.00
$50,655.00
$197,335.00
$2,670.00
$1,705.00
$11, 600.00
$1, 375.00
$7,715.00
$25,065.00
$8,685.00
$1,000.00
$232,085.00
25N-26
YOUTH SERVICE NAVIGATOR
BUDGET 09-10
NARRATIVE
Salaries
Salaries of $146,680 for fiscal yeaz• 09-10 are based on staffing of 2.17 FTE. Due to the
fiscal constraints facing the City, the scheduled salary increases may not occur pending
the outcome of negotiations with the various unions and the City. The proposed salaries
include a 4% increase as of July 1, 2009 and a 2.5% increase as of January 1, 2010. The
salary figure also includes the 8%PERS employee portion paid by the City of Santa Ana
as a retirement benefit.
Staff includes;
Workforce Specialist III 1.0 FTE
Workforce Specialist I 1.0 FTE
Sr. Office Assistant 0.15 FTE
Economic Develop Mgr 0.02 FTE
Benefits
Benefits of $50,655 are based on the following information:
PERS contribution of 8.4% of base salary
Medicare contribution of 1.45% of base salaz•y
Medical retirement contribution of 1.75% of base salary
(increase from 1.4% for 08-09}
Woz•kers compensation contribution of 1.04% of base salary
Health benefits increased approximately 5% fiom 08-098 to 098-10
Opezations:
Contrachial services az•e office overhead costs, which include but are not limited to
telephone costs, office rent, training and conference costs, advertising, and contractual
obligations.
Office Supplies
Operating materials and supplies are based on usage for fiscal year 2008-09 and include
printing, meeting expenses, mileage, postage, etc.
Attachment D
23
25N-27
Fixed Char es
Fixed charges, which include City Equipment Rental, Insurance, IS Strategic Plan and IT
Support, are assessed by the City of Santa Ana and the Community Development
Agency. Charges are allocated based on staff costs and usage.
Indirect costs are 5.92% of the full time salaries and are budgeted at $8,685 for fiscal year
2009-10.
Miscellaneous
Supportive services are budgeted at $1,000 for the service navigator. Service providers
budget supportive seiwices for their participants in their individual budgets.
Attachment D
24
25N-28
Contract No.
AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this by and between
the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("CITY") and
("CONTRACTOR").
W-I-T-N-E-S-S-E-T-H
Recitals:
A. CITY has been designated a Local Workforce Investment Area (LWIA) under
the Workforce Investment Act of 1998, Public Law 105-220 ("the Act").
B. The State of California has created the LWIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to
prepare economically disadvantaged youths for entry into the labor market and to provide basic skills
development to those individuals who are economically disadvantaged or otherwise face serious
barriers to succeeding in life. One goal of California's Workforce Investment System is to provide
youth with the opportunities to achieve career goals that will allow them to successfully compete in the
labor market and prepare them for higher education.
D. CONTRACTOR is experienced in operating education, 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:
THIS AGREEMENT SERVES AS A SPECIMEN FOR ALL 2 5 N -2 9
AGREEMENTS REFERENCED IN THE ACTION TO BE Page 1 of 15
PREPARED AND EXECUTED.
I.
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated
herein:
CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust
the level of payment to CONTRACTOR otherwise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ("participants") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105-220.
C. CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. CONTRACTOR shall provide wages and benefits to individuals who participate
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
terms and conditions of employment; these procedures shall be approved in writing by CITY.
G. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or
activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188); the Nontraditional Employment for Women Act of
1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of
1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities
Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing
2 5 N ~~ 0 Page 2 of 15
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 commence training prior to the
approval of funding pursuant to Section 123 of the Act.
I. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements.
CONTRACTOR agrees to forward to the 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)
within 30 days of determination (reviewer) date; any subsequent updates to EWIE within 10 days of the
begin date of activity or end date of an activity; Workforce 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
law.
In the event CONTRACTOR does not make the above-referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at 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
2 5 N -31 Page 3 of 15
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
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 WIB 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 any participant where costs of training are paid for by any other person or entity.
O. CONTRACTOR shall comply with the provisions of Circular A-102 of the U.S.
Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Government",
Subpart C, paragraphs 37 and 42, Circular A-128, and all other applicable federal statutes and
executive orders and their implementing regulations, including regulations at 29 CFR Part 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
2 5 N ~~ ~ Page 4 of 15
incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to
performing any of its obligations under this Agreement and prior to any obligation arising on the part
of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement.
Q. CONTRACTOR agrees to provide 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
not limited to: disclosure of information and compliance with earnings assignment orders, as provided
in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to
the best of its knowledge is fully complying with the earnings assignment orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds
are received under the provisions of the Act a sum not to exceed for CONTRACTOR'S
performance in accordance with the payment schedule attached hereto as "Exhibit F" during the period
of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR
as provided hereinabove.
B. CITY agrees to provide for on-site monitoring reviews of said
program operation at least twice annually. In addition, monthly desk-top reviews of pertinent
information will be conducted.
C. CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall commence on July 1, 2009 and all duties arising under this
Agreement shall have been performed by_ June 30. 2010 .The term of this Agreement may be
extended by a writing executed by the Executive Director of the Community Development Agency and
the City Attorney.
IV.
25N-33 Page 5 of 15
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the City
to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
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) core performance measures for youths ages 14-18 and four (4) for
core performance measures for older youth ages 19-21. In addition, the U.S. Department of Labor has
imposed three (3) common measures for youth ages 14-21. Pending WIA 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 Workforce Investment Act
or by any other Federal, State, and local law.
2. 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
25N-34 Page 6 of 15
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 any authorized representative, as well
as the WIB 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 athree-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
such program because of race, creed, color, national origin, sex, political affiliation or beliefs.
7. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
8. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
9. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa Ana and
the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity
employer/program" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
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
reasonable steps to provide services and information in appropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
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 termination of this Agreement,
CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them
in accordance with the direction of the CITY.
12. CONTRACTOR certifies that this Agreement does not provide for the
25N-35 Page 7 of 15
advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to
support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The
CONTRACTOR will disclose to the CITY any invention, written product, computer program
developed or data assembled as a result of performance of work under this Agreement within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by CONTRACTOR. Upon written request, CONTRACTOR will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
14. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or
agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall
report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY
and the DOL and its representative on these matters, the DOL shall determine whether to seek
protection on the invention or discovery. The DOL and its representative shall determine how the
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 Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright-
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to permit others to do so. The
CONTRACTOR and the Workforce Investment Board (WIB) shall have aroyalty-free, nonexclusive
and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves aroyalty-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 $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
2 5 N -3 6 Page 8 of 15
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. Every reasonable course of action will be taken by CONTRACTOR in
order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This
Agreement will be administered in an impartial manner, free from errors to gain personal, financial
political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will
avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias,
special interest or desire for personal gain.
2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two years following the termination of such employment.
3. Conducting Business Involving Relatives No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
4. Conducting Business Involvin Close personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of
influence that can be exerted by personal friends and associates and, in administering this Agreement,
will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected
official in the area or a voting or non-voting member of the Workforce Investment Board (WIB), a
permanent record of the transaction will be retained.
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 WIB will cast a vote on the provision of services or vote on any matter which
2 5 N ~~ 7 Page 9 of 15
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
VII.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
employees or subcontractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
CONTRACTOR, its employees or subcontractors.
VIII.
INSURANCE
1. Commercial General Liability CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or
death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
endorsed to provide to CITY and to the State of California, Employment Development Department, at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
and volunteers, and the State of California, its officers, employees, and volunteers as additional
insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
California and CITY. Governmental entities may substitute a certificate ofself-insurance.
2. Automobile Liabili Coverage CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,0001imit unless reduced by CITY, which applies to both owned/leased and non-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned/leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or
agents as self-certification of automobile insurance coverage. Governmental entities may substitute a
certificate of self-insurance.
25N-38 Page 10 of 15
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. E uipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self-insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
IX.
CORPORATE STATUS
All corporate CONTRACTORS shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
corporate status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written.
consent of CITY. CONTRACTOR must submit all subcontracts and other agreements that relate to
this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
25N-39 Page l l of 15
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with
such or will notify CITY after enactment or modification that it cannot so comply. CITY may
thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains
all the covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and funds received or obligated from the State of California to CITY.
If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify
CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or
cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or
reimbursement of costs incurred hereunder.
XV.
TERMINATION
This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party. Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
2 5 N X40 Page 12 of 15
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and/or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH -SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all
amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations,
CITY shall also have the right at its sole discretion to either: (1) discontinue program support until
such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or
prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by
offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice
CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3)
terminate this Agreement by giving written notice to CONTRACTOR of such termination in
accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as
follows:
CITY: City of Santa Ana
Manager, WIB Administrative Office
P.O. Box 1988 (M-76)
Santa Ana, CA 92702
and,
2 5 N -41 Page 13 of 15
CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR:
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
2 5 N -42 Page 14 of 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above-written.
ATTEST:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY:
Lisa E. Storck
Assistant City Attorney
RECOMMEND FOR APPROVAL:
Cynthia J. Nelson
Deputy City Manager for Development Services
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
By:
David N. Ream
City Manager
"CONTRACTOR"
BY:
Name:
Title:
Tax ID #:
2 5 N -43 Page 15 of 15
25N-44