HomeMy WebLinkAboutBRIDGE, THE - 2 City of Santa Ar9
'L�J Clerk of the Coun`-.
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M-30).
Call 647-6520 if you have any questions.
NOTE: PLEASE INCLUDE ALL AMENDMENTS IF ANY. THANK YOU. —The.",
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Signature:Date: f, W \ ‘ L�Revised 12-07-07
A-2010-021
INSURANCE NOT ~ EED
WORK MAYO~OUNCIL
CLERK Contract No.
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AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT
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~~ THIS AGREEMENT, made and entered into this 1St day of March, 2010, by and
~ ~ between the City of Santa Ana, a charter city and municipal corporation duly organized and existing
under the Constitution and laws of the State of California ("CITY") and The Bridge, anon-profit
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~ ~ corporation ("CONTRACTOR").
W-I-T-N-E-S-S-E-T-H
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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:
I.
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CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A" and in the Statement of Work (Exhibit B), 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 fmancial 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) and compliance with Equal Employment Opportunity
provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the
requirements of 41 CFR Part 60; 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 33 and 37. The United States, the State of California and
CITY have the right to seek judicial enforcement of this assurance.
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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 Enrolhnent/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 incur: ed 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
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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 InvoiceNoucher 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
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
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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.
T. CONTRACTOR agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans
and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act
published at 73 Fed.Reg. 78132 on December 19, 2008.
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 $96,000.00 for CONTRACTOR'S
performance in accordance with the payment schedule attached hereto as "Exhibit F" during the
period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by
CONTRACTOR as provided hereinabove.
B. CITY agrees to provide for on-site monitoring reviews of said
program operation at least twice annually. In addition, monthly desk-top reviews of pertinent
information will be conducted.
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 March 1, 2010, and all duties arising under this
Agreement shall have been performed by February 28, 2011. The term of this Agreement may be
extended by a writing executed by the Deputy City Manager for Development Services and the City
Attorney.
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IV.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow the
City to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
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) common measures for youth: (a) Placement in employment or
education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to
the Summer Youth Program, the only measure is "Work Readiness". 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
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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 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.
1 L .CONTRACTOR certifies that all property, finished or unfmished
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 andlor 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
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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
Environmental Protection Agency ("EPA") regulations (40 CFR Part l 5) as any may now exist or be
hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
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(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. Emnloyment of Former State or CITY Emplovees. 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 Cg lose 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
would provide direct financial benefit to that member or any business or organization which the
member directly represents.
6. Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to
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comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109-149, Section 7013.
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 of self-insurance.
2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with a
$1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned
automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
in the event that CITY will not utilize such owned leased automobiles but intends to require
employees, participants or other agents to utilize their own automobiles in the performance of this
Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants,
or agents as self-certification of automobile insurance coverage. Governmental entities may substitute
a certificate ofself-insurance.
3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
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California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self-insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved
by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make
no payments under this Agreement until the required certificates and endorsements have been
approved by CITY.
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;
3. All applicable CITY policies, procedures and directives;
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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
A. 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.
B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is to
Page 12 of 15
be not less than ten (10) days after certified mailing or personal service of such notice, unless such default
is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall
be relieved of further liability or responsibility under this Agreement, or as a result of the termination
thereof, including the payment of money, except for payment for approved expenses incurred for services
satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except
for reimbursement of (1) any payments made for services not subsequently performed in a timely and
satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance.
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 fmal 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-73)
Page 13 of 15
and,
Santa Ana, CA 92702
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: The Bridge
874 Seacoast Drive
Imperial Beach, CA 91932
Phone: (323)606-3569
Fax: (323)297-2521
Attn: Tony Hord
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
Page 14 of 15
above-written.
CITY OF SANTA ANA, a municipal
corporation of the State of California
ATTEST: "CITY"
Maria D. Huizar David N. Ream
Clerk of the Council City Manager
APPROVED AS TO FORM: "CONTRACTOR"
Joseph W. Fletcher The Bridge
City Attorney
BY: ~ ~. BY:
Lisa E. Storck Name: J . Ja son
Assistant City Attorney Title: Executive Director
Tax ID #:
Page 15 of 15
The BRIDGE Narrative
I. About the Program
A. Executive Summary
1. Which WIA population will the program recruit and serve? The BRIDGE will focus on
recruiting the following target population including youth offenders, those at risk of
becoming gang involved, gang involved youth, probationary youth, emancipated foster
youth, foster care youth, parenting youth,. under employed youth, unemployed youth,
disadvantaged youth, those who are basic skills efficient, out-of-school youth, school
dropouts; youth who lack a high school diploma or GED, high school dropouts, and
homeless youth.
2. Indicate how many participants will be served. The BRIDGE will serve 20 out-of-
school youth between the ages of 16 to 21.
3. Describe how this program fits in with programs currently being offered by your
a enc .Currently, The BRIDGE serves a similar population for the County of Orange -
Orange County Workforce Investment Area. Youth will be provided with similar services
including basic skills and GED tutoring (both individualized and in groups); National
Retail Federation Foundation Customer Service Training that leads to Customer Service
Certification (Industry and US DOL nationally recognized certification) -The BRIDGE is
a NRF Certified Testing site); Information and Speakers that will discuss the new
Renewable Energy Sector (discussion of "green jobs" along with required educational
and skill requirements); and various workshops, job readiness and employment
assistance.
4. Indicate which of the 10 WIA elements the program will offer. The BRIDGE will offer
the following WIA elements:
• Tutoring and Dropout Prevention Strategies
• Alternative/Secondary School Services
• Unpaid Work Experience; Internships; Job Shadowing
• Occupational Skills Training
• Leadership Development
• Supportive Services
• Adult and Peer Mentoring
• Follow-up
• Comprehensive Guidance and Counseling
5. Indicate planned outcomes.
• Literacy Numeracy Gains: Those youths who score 8.9 or below those youths,
will increase their literacy skills by 2 grade levels before their planned Exit.
• Placement in Employment or Education: At least 80% of those youths who are
not employed at registration and do move onto post secondary/advance training
will be employed at time of Exit and maintain employment/education in the 1st
and 3rd quarter. Attainment of Degree or Certificate: Of those youths who do not
have a high school diploma or GED at least 60% shall obtain one by 3rd quarter.
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EXHIBIT A
,
At least 75% Of the youths shall obtain a nationally recognized industry certificate
in NRF Customer Service by 3rd quarter after Exit.
Employment Retention Rate: At least 80% of all youth who are employed in the
1st quarter after Exit and do not move onto postsecondary education/advance
training shall be retained in employment in the 3rd quarter after Exit.
Skill Attainment Rate: At least 95% of youth will attain basic, occupational and
work readiness skills goal during program participation.
6. Describe the basic program approach (workshop/classroom/in the community).
The goals for the program are to engage the participants in a meaningful and interesting
manner through a variety of methods including:
• Interactive Life Skills Workshops including Conflict Resolution/Anger
Management; Financial Management; Time Management and Goal Setting
• Job Readiness Workshops
• Leadership Development through Community Service
• Individualized and Group Classroom Instruction in Basic Skills and GED
• Peer Mentoring
• Higher Education Information Workshops
• Workshops in the Emerging Renewable/Green Energy Industry
• Classroom Instruction and Certification Testing for National Retail Federation
Foundation Customer Service
BRIDGE staff has found using a variety of methods keeps participants engaged in the
process but also beyond program exit.
7. Describe how you will conduct outreach and recruitment. Include how 75% of the
enrollment goal will be met by the second quarter of the contract. The BRIDGE and our
Partners know the best way to market to youth is "every way possible." Youth are
bombarded on a daily basis with marketing "sound-bite" messages on radio, on
television and in print. They tend to develop interest in products and services when the
service has "name recognition." The BRIDGE has found that amulti-faceted approach
to marketing the program is the most effective strategy for recruiting youth utilizing a
wide array of marketing tools as part of their outreach and recruitment strategy including
coordination with its' Partners for organizing joint program orientations. Other types of
marketing formats that will be used are, but are not limited to, notices on internet site,
emails blasts and distribution of fliers and other printed information and presentations to
Adult Schools and ROP counselor's, Community Colleges, Alternative Schools, One-
Stop Centers, Foster Care Agencies, Probation Officers, YMCA, recreational centers
and local Community and Faith Organizations. Additionally, informational fliers and
brochures will be distributed at employer sites to get the information out to young adults
who are under-employed and want to pursue a career path in a high growth industry.
The BRIDGE has also been very successful with work of mouth recruitment and have
used our current enrollees to provide presentations and information. Also the
distribution of press releases to all regional newspapers, cable television stations and
local radio stations will be done. Orientations for youth will include a description of the
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EXHIBIT A
full array of services available through WIA funded programming and will include all
services provided by collaborating partners.
During the process of outreach and recruitment some youth who apply for WIA services
may not eligible. These youth will be referred to local One-Stops, Youth Employment
Opportunity Programs, and our Partners for assistance.
8. Describe collaborations/partnerships that will assist in recruitment The BRIDGE has
long-term relationships with a number of agencies including the Probation Department;
ACCESS; Providence/Stay Process; and Chicano Unidos. These agencies have been
very active in recruiting and referring participants to our current programs. They have
committed to do so for this program. In breaking down the percentage rates of where
our enrollments may come from we anticipate approximately 30% from Providence/Stay
Process; 50% Probation/Parole Office; 5% Local Colleges (Santa Ana College); 5%
Continuing Education; 5% from foster care facilities; 5% Various Community Centers in
Santa Ana.
B. Main Purpose of Program
1. Indicate what will the program accomplish and how it fits in with WIA goals The
BRIDGE Program will accomplish a number of goals that fit in with WIA goals and
requirements. These include the following:
• Assist youth in increasing their grade levels by at minimum 2 levels in math,
English and reading by offering them access to individualized and group tutoring;
• Assist youth in achieving a nationally industry recognized certification prior to
exit;
• Assist youth in gaining knowledge of the local labor market;
• Assist youth with job readiness tactics that will enable them to become more
marketable within the job market;
• Assist youth in gaining real world work experience through internships and work
experience;
• Assist youth gaining employment liked to academic and occupational training;
• Assist youth with job retention activities that will help the maintain a job
• Assist youth with the development of Leadership through Community Service
and Peer Mentoring;
• Provide youth with assistance and support for one year after program
participation;
• Provide youth with individualized guidance and counseling to support their
efforts.
2. What is the length of the program i.e. how much time will a vouth need to be in this
program to get the full benefits of each component offered In order for youth to fully
benefit from the program, youth will be engaged for a minimum of 10 weeks.
3. How often will the WIA participant need to attend the program and how often are
specific activities offered (daily/weekly/monthlY~ All program activities vary in time.
Customer Service Certification Training is daily Monday through Thursday 4 hours a
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EXHIBIT A
day for 6 weeks; Workshops are scheduled for twice to three times a week depending
upon subject matter; basic skills and GED tutoring are once to twice a week; homework
is assigned several days a week; job search and labor market information are on-going.
The youth will also participate in monthly meetings to educate them on various issues
that affect them today.
4. What is the frequency of staff interaction with WIA participant? Will other non-WIA
agency staff be providing elements of the program? If so, please describe. From initial
enrollment until time of exit, WIA staff will interact with youth at least once per week to
ensure success of achieving their goals. Once the youth has exited the program,
contact will be made twice per month. If a youth is working on obtaining their high
school diploma and an instructor from Access will come in once per week to provide
tutoring as needed. Youth who participate in our monthly "Youth Meetings," will be
assisted by various non-WIA organizations depending on the topic. For example,
Chicano Unidos may provide a guest speaker to discuss such topics as making right
decisions instead of being involved with gangs. Any of the activities involving non-WIA
providers will be facilitated or overseen by BRIDGE staff.
5. What services will be offered after youth exits the program and how will program
keep in touch with youth who have existed? All youth will be contacted at least twice a
month by their case manager after exiting the program. Documentation of contact and
results will be maintained in their case files for monitoring purposes. Youth will also
have access to job retention workshops and activities as well as supportive service if
needed. The youth can still participate in our monthly meetings to ensure their success
and some youth are ask to come back to give their testimonials on their success with
the program to help others. Those youth who may be laid off from work or loses a job,
may still come in for employment services or updating resumes. All follow-up activities
for youth include receipt supportive services if needed. The program will constantly
ensure all data information is updated to meet the client's needs.
C. Goals /Objectives and Performance Levels
1. How will services to be provided aid in meeting the WIA performance goals
Workshops in Anger Management, Life Skills (to include decision making,
communicating effectively, time management, etc.), and Financial Management are
mandatory requirements that will promote and assist youth toward becoming self
sufficient. In addition, adult mentoring will provide youth to have a positive attitude and
a new outlook on achieving goals. Other services will include tutoring provided by The
Bridge staff and Access to help ensure basic literacy skills are met. The national
industry recognized NRF Customer Service Certification Training will be offered to all
the youths in order to obtain their credential. Job Readiness and Job Retention
Workshops will also be offered to ensure participants understand how get a job and how
to maintain a job or if they decide to go into post secondary/vocational/ or an
apprenticeship program.
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EXHIBIT A
2. Describe how you will monitor program activity and manage for performance. The
Regional Director monitors programs on a monthly basis and provides reports to Bridge
Executive Director and staff. Project staff is required to submit monthly reports
chronicling their program progress. If the program should fall behind, the Regional
Director will analyze the reason and quickly provide appropriate action to get the project
back on course for successful completion and contract performance. Additionally, the
Regional Director will provide staff with strategies to evaluate, coach and manage their
performance. The monthly staff meetings are for discussion of performance, best
practices, program evaluation, staff training and other related issues. Additionally, all
program progress is evaluated on a quarterly basis and best practices are reviewed
annually.
3. Describe how program will deliver academic assistance to raise the skill level of vouth
who are basic skill deficient. The BRIDGE ha partnered with ACCESS to provide
tutoring for youth who are short on high school credits and need to obtain their high
school diploma. Access offers tutoring every Wednesdays at the Orange Office. All
youth who are tutored are also monitored for grade level improvement in math, Reading
and English. This program has proved successful with our OCWIB youth participants.
4. Will the participant receive a certificate of completion or accomplishment for
participation? Industry recognized certification enhances the job opportunities available
for youth as they begin seeking employment along with assisting them in functioning
more effectively and confidently while on the job. Youth will be provided with the
National Retail Federation Foundation Customer Service Training and Certification
Testing (recognized nationally by the Department of Labor as meeting the WIA
standards for certification). This Certification is recognized by many employers including
CVS, Home Depot, JC Penny's, Macy's, Toy's R Us. The Orange site is an official
testing site for Customer Service Certification. The certification test is electronically
provided through Castle Worldwide and is proctored by trained staff members. It is a
timed test and additional time will be given to those youth with disabilities per our
agreement with Castle. Those youths who do not have a high school diploma will be
able to obtain one through the program provided by Access and should have their high
school diploma by 3rd quarter if not obtained by the time of exit.
5. How will continuous improvement be measured and conducted The BRIDGE
believes to continuously improve the way our organization operates is of paramount
importance. We are constantly striving to raise the standards of performance through
improved work processes and increase the consistency of performance around those
standards. Our guiding principles are the organizations core values and belief
underlying the vision and mission of our organization. These principles focus our
energies as we work to implement a strategic plan and include the following: A focus on
the customer; A preventive approach; Management by data; Respect for employees at
all levels; On-going communication with our strategic partners; Commitment to ongoing
improvement; Cross-functional problem solving and constancy of leadership
commitment. The BRIDGE has experience working with project time management. Our
service plan addresses all of the program components and timeframe necessary to
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EXHIBIT A
complete the program in a timely manner. The Regional Director monitors programs on
a monthly basis and provides reports to Bridge Executive Director and staff. Project staff
is required to submit monthly reports chronicling their program progress. If the program
should fall behind, the Regional Director will analyze the reason and quickly provide
appropriate action to get the project back on course for successful completion and
contract performance. Additionally, the Regional Director will provide staff with
strategies to evaluate, coach and manage their performance. The monthly staff
meetings are for discussion of performance, best practices, program evaluation, staff
training and other related issues. Additionally, all program progress is evaluated on a
quarterly basis and best practices are reviewed annually.
6. Describe how adequate staffing will be maintained to ensure success of this program
It is the Regional Director's responsibility to work closely and to counsel, coach and
train staff along with acting as a mentor. These actions will assist with ensuring that any
problems or concerns that arise will be addressed before they become problematic and
overwhelm staff. By being engaged in the process with staff, the Regional Director can
assist working through issues and redirect staff's energy towards success.
D. Program Description
1. Describe the overall services that will be made available to the WIA participant
All participants will receive the following services:
• Outreach ad Recruitment
• Program Orientation
• Eligibility Determination
• Intake and Objective Assessment
• Case Management and Counseling
• Collaborative Development of an Individual Service Strategy
• Labor Market Information
• Supportive Services if needed
• Referral to other Human Resources if needed
• Tutoring Services
• Like Skills Workshops including Conflict Resolution/Anger Management;
Financial Management; Goal Setting
• Leadership Development through Community Service
• NRF Customer Service Training and Certification Testing
• Job Readiness Workshops
• Mentoring
• Workshops on Renewable Energy and Utility Jobs (Wind, Solar, Hydro,
Weatherization)
• Job Placement and Retention Activities
• Placement into Higher Education/Life Long Learning
• Follow-up Services
2. Describe how the participant flow will occur. Include the following categories
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EXHIBIT A
Outreach / Recruitment / Eligibilitv Determination ( Note' program operator is
responsible for gathering the documents required by the Service Navigator to determine
eligibility)' Intake /Assessment' Case Management' Program Services (including
tutoring services); Placement in Jobs or Continuing Education• Follow-up and Retention
(Describe how you will continue to support youth during the follow up period Discuss
types of sources of support, services and freauency of contact with youth).
The realities of today's global economy make it imperative that publicly funded
workforce systems for at-risk youth be demand driven and the programs and services
made available through those systems aimed at preparing our country's most at-risk
and neediest youth population for real job opportunities. The BRIDGE is committed to
trying bold, innovative and flexible initiatives to prepare these at-risk out-of-school youth
for jobs in our changing economy. The following is the program model along with
activities Orientations will be provided for all participants prior to program enrollment
and will be done in collaboration with the One-Stop and Other Partner Agencies. All
orientations will be structured, follow common local outlines and cover project and
career ladder overview, services and occupational training programs available and
associated credentials and other information. Once participants have completed the
Initial Screening, Eligibilitv, Intake and Enrollment procedures they begin the
Assessment process provide by the Service Navigator. Assessment results will be
shared with BRIDGE case management staff. Intake and program enrolment will be
provided by a case manger. All required WIA documents will be documented; recorded
and maintained in the participant's file. All youth will receive Comprehensive, On-going
Guidance and counseling including during the program, follow-up and retention periods.
The case manager will act as the liaison to all services. During the development of the
Individual Service Strategy (ISS) the case manager will discuss all assessments and
assists the participant in planning career and educational goals along with related short
and long term goals. The full array of Supportive Services (transportation, work clothing,
etc.) is discussed with youth and in relationship to assisting in achieving their goals.
Services are also leveraged with partners when applicable and include human resource
referrals for substance abuse and domestic violence counseling. Referrals for GED and
ESL will be made to partner agencies. Basic math remediation and technical math will
be provided by ACCESS's qualified instructors. This will lend continuity to the
participant's experience and provide them with individualized tutoring and assistance
they will require for success and grade level improvement. Participants will have the
opportunity to explore the Customer Service and Retail Industries Sectors through
Labor Market Information and Research. Participants will have the opportunity to
investigate these Industries through labor market research utilizing a variety of
appropriate websites such as O-NET, Career Voyages, Get Into Energy, Edison Electric
Institute, National Retail Federation Foundation and CA Employment Development
Department LMI. They will learn about career paths, evaluating educational options for
career development and other relevant information. LMI will also be shared during Job
Readiness Workshops. Information will be documented on each participant's Individual
Service Strategy (ISS) to assist with tracking goal progress and attainment. Prior to
enrollment into occupational skills training, job placement, work experience, internships
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EXHIBIT A
or re-entry into school all youth will attend mandatory Life Skills Workshops including
Conflict Resolution/Anger Management (utilizing Stop the Anger Now: A Workbook for
the Prevention, Containment, and Resolution of Anger, R Potter-Efron), Financial
Management (utilizing Nation Endowment for Financial Education curriculum), Time
Management (utilizing Empower Youth curriculum), Goal Setting (utilizes Individual
Goal Setting and Decision Making, Points of Light Curriculum) and Job Readiness. All
Workshops are taught in two to eight hour modules and participants are expected to
attend the workshops series. Workshop information is reinforced throughout the
program. The BRIDGE has found that by providing these vital workshops prior to any
activity, retention is strengthened; and participants appear to be more involved and take
ownership of their education and related activities. Higher Education Information
Workshops will provide information and the benefits of transition into higher education.
Additionally, youth will be provided with individualized assistance to complete college
applications as well as FAFSA applications. Field trips to local colleges will also be
arranged for those interested. Workshops on Renewable Energy and Utility Jobs (Wind
Solar, Hydro, and Weatherization) will be offered to introduce youth to this high
growth/high demand industry. The Utility Workers Union of America, AFL-CIO will
provide speakers in all renewable areas to discuss educational and skill sets that will be
required for the new "green jobs." Additionally, they will provide opportunities for
apprenticeship within the utility industry. Occupational Skills Training will be offered in
the Retail and Related Service Industries Career Pathway All occupational skill training
will be offered to youth and will be in alignment with their career assessment and ISS.
The Retail and Related Service Industries Career Pathway will provide the National
Retail Federation Foundation (NRF) Customer Service Training and Certification The
NRF training is based on national Customer Service Skill Standards, identified by retail
and service employers across the country. The NRF Training and Certification are
recognized by the Department of Labor for meeting WIA Youth Certification
requirements. The training is 60 hours and incorporates the knowledge and skills used
in entry-level to first-line supervisory positions in retail and service industries and is
appropriate for high school and older students, including adults, and incumbent,
transitioning and dislocated workers. Once the training is completed each participant will
be prepared to sit for the proctored Certification test. The 70-question assessment is
made up of real-life customer service situations, asking test takers to identify the best
courses of action. The test is delivered by computer, is highly interactive and takes just
over one hour to complete. Accommodation can be made for youth with disabilities.
Successful candidates receive a certificate and a lapel pin and their name is entered
into the national certification database. Many companies now recognize the value of this
Certification including CVS, Home Depot, Macy's, Athlete's Foot and Toys R Us to
name a few. The BRIDGE's Orange Office is and official testing site for the NRF
Customer Service Certification. Work Experience, Internships and Job Shadowing may
be offered to provide a structured learning experience either in the private for-profit
sector, the not-for-profit sector or the public sector. The work experience program is
designed to enable youth to gain exposure to the work environment and its
requirements by providing them with the opportunity for career exploration, personal
growth, and occupational skills development. Incentives will be offered for meeting work
Page ~ 8
EXHIBIT A
r
i
experience goals. Leadership Development through Community Service provides a
critical component reentering the community. Through a combination of engaging
classroom activities and meaningful community service, while focusing on career
options. For youth who committed an offense or delinquent act, community service
provides an alternative disposition that serves both the community and the youth.
Mentoring is a key program component. It provides youth with cone-on-one and group
support for those who require additional assistance. Mentors also provide participants
with real world job knowledge that can be invaluable. Mentoring services will be
provided on an on-going basis by various partner agencies. Additionally, we will provide
female mentors into the trade to work with the young women enrolled in the program.
Once a participant has completed all the mandatory Workshops, Occupational Skills
Training and received their industry recognized certification, they are then matched to
an appropriate Job Placement opportunity based upon interest and skill levels and
career ladder opportunities. The BRIDGE's job developer has cultivated relationships
with various employers and labor unions throughout Santa Ana and Orange County.
Our goal is to assist the participant in making the transition from program to the
workforce a smooth one. The job developer not only maintains a database of all jobs but
also those of related industries so a broader range of opportunities can be provided. In
addition, participants will have access to the Santa Ana Work Center's job postings as
well as job announcements from our participating employers, daily newspapers and
other media with local job opportunities. Also available will be representatives from local
labor unions who will provide additional information on entry into apprenticeship
programs. Workshops on job search related topics; for example, interviewing, resumes,
applications and career planning, are conducted on a regular basis for jobseekers. Entry
level wages for Customer Service/ Retail Sector Industries ranges from $8.50 to $17.75
per hour. Job Coaching will be made available to participants who are seemingly having
a difficult time maintaining and retaining a job. Job Coaching will continue throughout
the program and on an as needed basis during the placement and retention period. The
case manager is responsible for this on-going activity. Follow-up and Retention
Services are critical elements to ensuring youth continue on the appropriate path toward
meeting and exceeding their goals. The BRIDGE will ensure that all youth will be
provided with the mandatory twelve months of post-program follow-up. Youth are
typically exited from the program once they have achieved their service plan objectives.
However, because WIA services are often a "spring board" to more long-term goals
(e.g. high school graduation, enrollment into college, entry into apprenticeship
programs), post-program follow-up is highly beneficial to youth. Case manager's
contact exited youth on a monthly (or more frequent) basis to determine how they are
progressing, if they have encountered any obstacles, and what circumstances may
have changed (e.g. new job, enrollment into higher education, wage increases). If the
participant is facing barriers to achieving their goals, staff can offer access to incentives
or make pertinent referrals. Coaching and mentoring will also be made available to
participants by staff. Follow-up will also serve as a tool to educate employers and
unions and to help educational providers evaluate the validity of training. Follow-up
contacts are recorded and maintained in participants' case files. The BRIDGE will
provide Culminating Events to honor our participants. These special events will
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EXHIBIT A
positively affect the target group by recognizing their achievement publicly which in turn
will positively motivate them to continue on their road to success. These events will be
held at successful completion of workshops and/or training.
3. Describe how training and employment services lead to occupations in high
growth/high demand industries. All youth need some level of training in order to
succeed in obtaining work that leads to self-sufficiency. Through our program services
we assist youth succeed in the workforce by providing them with the requisite
knowledge and skills. We encourage enrollment into higher education or apprenticeship
as a way to increase education and skill levels to achieve high rungs on career paths.
We also place an emphasis on Science, Technology, Engineering and Math and
demonstrate through various career paths the necessity of learning skills that will lead to
high growth occupations in demand industries.
4. Describe how training and services result in career paths that lead youth towards
self-sufficiency. Please provide Labor Market Information if training is provided Our
case manager and job developer provide training and information to each youth about
the various career paths within the high growth/high demand industries within Santa
Ana and the greater Orange County. All participants will have the opportunity to explore
the various career paths related to customer service using the Internet for exploration
along with additional resource books. A structured exercise leading youth to such sites
as Career Voyages, Vocational Information Center, Edison Electric Institute and others
that show and explain how to navigate a career path; educational requirements; math
and reading levels for success; and other relevant information. (Please see labor
market information attached)
E. Facilities
1. State location where program services will be delivered 1407 N Batavia #120,
Orange, CA 92867, Also at the Bishop Manor Community Center 100 E. Bishop
Santa Ana, CA 92701
2. How will participant access site if not within City of Santa Ana. boundaries All
participants will have access to both sites. Bus passes will be provided to youths who
are in need of transportation. This Orange location is'/Z block from all major OCTA bus
lines.
3. List hours of operation? Hours of Operation are from 8:00 a.m. to 5: p.m. Monday
through Friday. Saturdays and evenings are by appointment.
4. Is the facility compliant with the Americans with Disability Act (ADA)M Base your
answer on completion of ADA/EEO Survey (see attachment F) Describe corrective
action plan if necessarLr. Our facilities are compliant with the Americans with Disability
Act. Note: Question X -The BRIDGE is currently working on a Spanish language
translation of the Grievance Procedures. To date we have not had a limited English
speaking individuals, however, we feel it is important to be prepared for such
circumstances.
Page ~ 10
EXHIBIT A
5. Discuss how Internet access will be available to program staff List computer
programs/applications used by agency staff. All staff has access to the Internet in our
offices. Software programs/applications that are generally used by staff are Microsoft
Word, Power Point, and Excel.
6. Describe what makes your facility youth friendly and suitable for the proposed
activities/services. Staff provides an emotionally safe and secure environment for youth
and is sensitive to the many issues faced by youth (e.g. divorced or absentee parents,
poverty, educational deficiencies, cultural and language barriers). BRIDGE staff
regularly monitors the sites to ensure facilities meet public safety requirements. WE also
ensure the site is friendly and is suitable for the youth by providing supervision of all
activities and having the participating youth responsible for the area(s) of the office in
which they work. z
II. About Your Organization
A. Description of the Proposer
1. Discuss the current number of full time and part time personnel employed average
annual operating budget and sources of revenue. Currently, The BRIDGE has 10 full-
time and 6 part-time employees with 11 volunteers who work in various departments or
businesses The BRIDGE operates including the La Plant Family Center; First Nations
Cafe; The BRIDGE Security; The BRIDGE Kids Moving and Gardening Company and
the Orange County Coastal and South Youth Centers.
2. How long has your organization been servina Santa Ana youth~ The BRIDGE has
been serving Out-of School Youth in Orange County for the past 4 years under a
contract with the Orange County Workforce Investment Board. We have locations both
in the City of Orange (One block from the Santa Ana boundary) and San Juan
Capistrano. The BRIDGE staff is very familiar with the target population and has
developed relationships with various organizations both in Santa Ana and surrounding
cities.
3. What kind of impact has your services made to the youth in the community? The
BRIDGE has made a significant impact on youth within the various communities in
which we serve with the provision of high quality services that are youth friendly,
interactive and engaging. Many of our youth have become employed in high growth
industries with living wages; some have continued on with their education and are
enrolled in community colleges or state universities; some have come back to the
program to act as mentors for new enrollees; and others have completed their high
school diploma or GED. Our goal is to assist these youth become responsible
members of the community and in turn provide the community with a return on
investment.
Page ~ 11
EXHIBIT A
B. Experience
1. Briefly outline all youth programs that your agency has operated during the last 2
years. Include discussion of past performance as related to WIA performance goals
Organizations with no experience in providing WIA services should explain unique
advantages or value associated with their proposal. Over the last two years The
BRIDGE has operated the following programs:
U.S. Department of Labor Youth Offenders Grant (3 year grant ended 12/31/08):
WIA Youth Out of School Program for the County of Orange County Workforce
Investment Board in the City of Orange and San Juan Capistrano
WIA Youth Program for the City of Long Beach Pacific Gateway Workforce
Investment Area
2. What kind of experience do you have in incorporating parents youth and employers
into your programs? We have provided and encouraged the involvement of parents,
youth and employers when appropriate. The BRIDGE staff and youth actively
participate in OC Youth Council; monthly BRIDGE youth meetings; area employers are
invited by youth to attend monthly Bridge youth meetings; and we encourage parents to
participate when we have relevant topics that will assist in opening up pathways of
conversations with youth (i.e., gang prevention).
3. Describe how staff will receive trainina and ongoing staff development to increase
staff capacity and expertise in the field of youth development and employment Front-
line staff will be provided with pertinent training and technical support that will support
their efforts. Short-term training includes organizational philosophy, customer service,
diversity and sexual harassment, program model overview, grant expectations,
performance measurements and expectations, participant eligibility requirements,
appropriate assessment techniques and how to evaluate results accurately, how to
make an appropriate referral and follow-up, monthly and other reporting requirements
and overview of on-going training and scheduling. Long-term training will include
Leadership Development (setting the right goals, effective decision making processes,
teambuilding, interpersonal skill development, effective communication and delivering
results); cross training of all staff and understanding of each other's job descriptions and
responsibilities; Effective Tools for Partnership Development and Program
Sustainability; effectively working with employers, labor unions and Employer
Associations (insight into better employer participation with program and participants);
case management, determination of complementary and leveraged participant services;
Effective Individual Service Strategy/Plan Development; When to give customer service
survey and how to interpret results; Effective Presentation Skills; How to Plan an
Employer Breakfast (tools, presentation, selling fee for service); and Individual goal
setting and time management.
4. List the positions dedicated to this proposal Include a description of duties and time
allocation for each responsibility. All of our staff has extensive experience in program
oversight, labor relations and a deep knowledge of the building and construction trades
industry, utility industry, union apprenticeship programs, and retail industry and are
Page 112
EXHIBIT A
knowledgeable of high growth economic opportunities within the California, Hawaii,
Arizona, New Mexico, South Dakota, and Wisconsin along with the ability to work
collaboratively with the employer community. The following are the positions that will be
funded along with highlights of our qualified staff: Tony Hord, Supervisor (FTE 13.5%~
Has more than 12 years of experience in managing youth and adult projects under a
variety of funding resources and managing case managers, job developers and trainers.
He also has extensive experience working with youth offenders between the ages of 14
to 21; is familiar with after-school programming, leadership development, life skill
workshops and is familiar with the Southern California economic climate and high
growth industries. He has spent some time developing relationships with Labor Unions
and Employers in order to connect them with workforce development. He understands
the importance of meeting program goals and program performance. Possess a B.A
from Loyola and an N.D. from Trinity College. He is also a Certified Life Coach.
Currently, he is enrolled in Cornell University's Organizational Management Program.
He will provide program guidance for meeting program performance measures and
accountability, staff oversight, monitoring, staff training and coaching; and other
managerial duties as required. Yvonne Elizondo, Lead Case Manager (FTE 20%) Ms.
Elizondo has more than 10 years of experience working as a case manager and brings
with her tremendous insight into building solid relationships with participants. She is
very familiar with WIA processes and understands how to effectively leverage
resources. She is a graduate of Arizona State and has also received her Certification in
substance Abuse Counseling. She will provide case management, oversight of
outreach and recruitment, coordination of services; leveraging of resources and provide
staff with successful techniques to maintain the engagement of youth in the program.
Ms. Elizondo will also provide Life skills workshops and NRF Customer Service
Certification Training. Jessica Ku, Jr. Case Manager (FTE 100%) Ms. Ku has over 4
years of experience working with offenders and other high-risk populations and
understands the processes of co-enrollment and the leveraging of both internal and
external resources. Previously as KCCD Youth Workforce Program Case Manger, Ms.
Ku worked to improve the employment outcomes for Asian at-risk and adjudicated youth
in Los Angeles and Orange County through collaborations, advocacy and program
development. Passionate about building the capacity of the community, Ms. Ku has
empowered her community as the APEX Co-Chair of Special Events, Project New
Speak Director of Community Outreach, Host of GBC AM 1190 "Meeting the Next
Generation", Advisor on NAPAFASA AAPI Impaired Driving Prevention Project's
Advisory Committee, and Legal Investigative Intern at D.C. Prisoners' Legal Services
Project. As an AmeriCorps*VISTA (Volunteers in Service to America) alum, Jessica
dedicated a year of service to combating poverty in Los Angeles and Orange County.
Ms. Ku graduated with honors from the University of California, Irvine with a B.A. in
Criminology, Law & Society. She will provide case management, guidance and
counseling; job readiness workshops and job development for participants. ReEtta
Pyburn, Clerical Support (FTE 9%) provides administrative support for The BRIDGE.
She is certified as a Customer Service Specialist and provides an excellent example to
the youth in our programs.
Page ~ 13
EXHIBIT A
C. Fiscal Capacity
1, Describe the process used to capture and report fiscal data? The BRIDGE has an
excellent track record of contract compliance and has a system of checks and balances
from file review to timing of exits and performance cohorts; sign off authority of
expenditures; internal and external audits and generally accepted accounting principles
are used and full knowledge of required OMB Circulars related to funding streams. We
maintain an internal database system that tracks and reports all participant activities
including performance levels on enrollments, placements, wage earnings, employment
retention, financial and invoice reporting, training/education
Approved allocation percentages are used and input into QuickBooks for fiscal tracking,
invoicing and budgeting. All invoices, bills, reimbursements and other documents are
submitted to our fiscal unit for processing. Once received all documents are scanned
into a PDF and then input into our electronic fiscal system (Professional Quick Books).
Once this has been completed the system generates a structured electronic output in
the required format which can then be used for billing auditing and analytics. Hard
copies are filed and maintained for additional auditing purposes. We adhere to generally
accepted accounting principles and OMB Guidelines for Non-Profits are used.
2. Attach a copy of the procurement policies and~rocedures. Please see Attachment
3. What systems are used to ensure fiscal accountability and appropriate expenditures
and planned costs? The BRIDGE is experienced in the use of multiple payment sources
and is also experienced in contract management including receipt of training funds from
employers, Employment Training Panel funding and Department of Labor Susan
Harwood Grant and Construction Development Funds. Staffing includes the Executive
Director, Accountant and Payroll Clerk that handles contract-related matters with
oversight from the Board of Directors. Operational efficiency and adherence to
appropriate organizational and procedural protocols is essential to goal achievement.
The BRIDGE program includes a comprehensive Policy and Procedures Manual to
guide service delivery. This document has been designed to ensure that operational
and procedural protocols are followed and program designs, measurements and fiscal
responsibility remain consistent.
4. Describe invoicing process and list qualifications of staff assigned to task
A class tracking monthly invoice captures the allocations to be billed to appropriate
funding sources. All invoices are received and then scanned into our electronic system.
They are coded in order to ensure credit to proper account. Hard copies are maintained
for auditing and monitoring purposes. Once the bills, invoices and other related
document are input, invoicing is done ensuring all monies are appropriately allocated.
The BRIDGE subcontracts with New Genesis who provides us with Barbara McCoy, an
eminently qualified accountant and bookkeeper. Ms. McCoy has worked in the
accounting and bookkeeping sector for more than 15 years and is very familiar with The
BRIDGE's accounting software (QuickBooks online - professional). She has
experience in working with community based organizations/non-profits and is familiar
Page ~ 14
EXHIBIT A
with grant accrual systems, multiple funding resources and cost allocation. She is
experienced in the monthly invoicing process along with the back-up documentation
required for payment. Ms. McCoy is also familiar with OMB regulations regarding non-
profits as well as the allowable costs under WIA.
5. Describe how agency's financial stability is not dependent on WIA funds
Currently, The BRIDGE has several businesses that it operates that provide additional
funding for all programs and include:
• BRIDGE Security: This business has operated for the last 3 years and provides
security training and placement into security jobs within the contracts (i.e.,
RiteAide; San Yisdro Shopping Center) The BRIDGE has secured. (Average
Income yearly $150,000)
• The BRIDGE Kids Moving and Gardening Company This program has been on-
going for the last 4 years and provides community youth with opportunities for
part-time jobs moving furniture, fixing and repairing houses for seniors, etc.
(average yearly income $39,500)
• LaPlant Community and Career Center: This is business was started 5 years ago
and is a fee for service Internet and copy center as well as a FEDEX certified
location. Job Search and other types of assistance are also offered to community
residents. (average yearly income $100,000)
• First Nations Coffee Kiosk: This cafe and food kiosk was begun 2 years ago as a
way of training and certifying individuals for food sanitation and customer
service.(average yearly income $52,500)
• Navajo Nation Energy and Construction Program: Provides youth with the
requisite skills to become employed within the energy and renewable sectors.
($100,000)
• Private Donations (average $185,000)
• Employer Contributions (average $15,000)
These businesses not only support the community but also provide additional funding
for all BRIDGE WIA Programs.
6. Submit most recent/2 years of audited financial statements (See attachment G).
D. Subcontracting client services/activities is not permissible under this contract
However if glannina to subcontract non-client services identify subcontracts role and
estimated cost for services. Services to be subcontracted under this contract will be
accounting and payroll services. New Genesis has been and will continue to provide the
day-to-day accounting; S. Hutt will provide payroll services; D. Swandener will provide
quarterly account reconciliation. These three subcontractors have been providing these
services to The BRIDGE for the last four years and all understand WIA allowable costs,
policies and procedures. Cost for New Genesis - $633.00; Cost for S. Hutt $600.00 Cost
for D. Swandener - $50.00 an hour for 8 hours quarterly.
Page ~ 15
EXHIBIT A
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EXHIBIT B
Exhibit C
COMPLAINT HANDLING
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
WIA
Santa Ana Local Workforce Investment Area
Revised May 7, 2009
Table of Contents
I. Information Regarding Complaints
3
A. Nondiscrimination and Equal Opportunity Complaints 3
1. Policy Statement 3
2. Civil Rights,
4
3. Nondiscrimination laws under WIA 4
4. How to File Your Complaint,
B. Criminal Complaints
5
6
II. General Procedures for Handling Non-Criminal Violations of the Act 6
III. Procedures for Handling Complaints at the LWIA Level 8
IV. Procedures for Handling Complaints at the State Level 12
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Handicap Complaints by Participants 17
GLOSSARY OF WIA TERMS
0
z
EXHIBIT C
I. Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa
Ana Local Workforce Investment Area (LWIA) will establish programs to prepare
youth and unskilled adults for entry into the labor force and to afford job training to
those individuals facing serious barriers to employment. Every effort will be made to
provide services necessary for eligible individuals to obtain productive employment.
In implementing WIA, all contractors in the Santa Ana LWIA will foster equal
opportunity and non-discrimination, as provided in State and Federal equal
opportunity and non-discrimination laws including, but not limited to:
• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964
• The Age Discrimination Act of 1975, as amended
• Section 503 of the Rehabilitation Act of 1973
• Section 504 of the Rehabilitation Act of 1973
• Title IX of the Education Amendments of 1972
• Section 188 of the Workforce Investment Act of 1998
In keeping with our commitment, no individual shall be excluded from participation in,
denied benefits of, subjected to discrimination under, or denied employment, in the
administration or of in connection with any WIA funded program because of race,
color, religion, sex, national origin, age, handicap, or political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part under
WIA shall be open to citizens and nationals of the United States, lawfully admitted
permanent resident aliens, lawfully admitted refugee, parolees, and other individuals
authorized by the Attorney General to work in the United States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or participating in
any manner in an investigation, compliance review, hearing or any other activity
related to the administration of WIA.
3
EXHIBIT C
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 and grievances.
Your complaint must be filed within 180 days. All complaints will be handled
confidentially.
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 1973
EXHIBIT C
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 Acts 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.
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:
5
EXHIBIT C
e
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.
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., Ste 200
Santa Ana, CA 92701
(714)565-2600
B. Criminal Complaints
In accordance with the WIA (P.L. 105-200) and the implementing code of Federal section
667.600.... Federal handling of criminal complaints and report fraud, abuse and other
criminal activity. "All information and complaints involving fraud, abuse or other criminal
activity shall be reported directly and immediately to the City of Santa Ana and the
Secretary of Labor."
II. General Procedures for Handling Non-Criminal Violations of the
Act
The following procedure is promulgated to meet the requirements of Title 20, of the Code of
Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section
181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA
6
EXHIBIT C
level for the receipt, investigation, hearing, and resolution of complaints by WIA participants,
sub recipients, applicants for participation, or financial assistance, labor unions, community
based organizations, or any other persons.
These procedures provide for resolution of non-criminal complaints arising from the operation of
the Santa Ana LWIA.
A complaint is defined here as a written expression by a party alleging a violation of the Act,
regulations promulgated under the Act, recipient grants, sub agreements, or other specific
agreements under the Act, including terms and conditions of employment of such
participants in employment training programs. All complaints, amendments and withdrawals
shall be in writing. These procedures are intended to resolve matters which concern policies,
procedures or action(s) arising in connection with WIA programs operated by each LWIA grant
recipient and sub recipient under the Act.
These procedures shall not be construed as affecting any other available legal remedy outside
of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of
any employee who is not a participant), either separately or simultaneously, that a person may
wish to pursue in the resolution of a non-WIA complaint. Also, these procedures do not restrict
the LWIA grant recipient staff in carrying out informal discussion
Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and
resolution of any problems outside of and without resort to the formal complaint procedure.
A. The following principles and rules apply to all complaints at all steps of the complaint
procedures:
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 right to be represented at their own expense by
person(s) of their choosing at all levels of the complaint process.
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 of the complaint resolution procedure they are to follow and the time frames
governing review of complaints are met.
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EXHIBIT C
A "participant", within the meaning of these procedures, is an individual who receives
employment-training services under a program funded by Santa Ana LWIA. The
Complaint Resolution Procedures contained herein (or the alternative procedures
which an employer may use) shall be available to participants to resolve disputes
regarding items and conditions of employment of such participants in employment
training programs. However, such procedures shall not be used to resolve disputes
regarding terms and conditions of employment of any employee who is not a
participant, as defined herein.
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.
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 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 resolution process. The following comprise the guidelines for resolving issues
arising in connection with WIA programs operated by the Santa Ana LWIA including
resolutions of complaints arising from actions, such as audit disallowances or the imposition
of sanctions taken by the Governor with respect to audit findings, investigations or
monitoring reports.
1. Form and Filing of Compliant
Official filing date of the compliant is the date the written complaint is received. The filing
of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall
be considered as a request for hearing and a decision must be issued within 60 days.
The complaint must be in writing and must be signed and dated. The complaint should
also contain the following information:
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;
EXHIBIT C
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.
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 complainant 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.
d. If resolution does not result, the complainant shall be provided the necessary information
and assistance to request a hearing if he/she so desires.
3. Request for Hearing
a. As in the case of the complaint, the request for a hearing should be put in writing and
be filed in person or by mail. A governing board resolution of authorization to appeal
should also be submitted when appropriate. The request should be filled with:
Anita Queen
Sr. Personnel Analyst -EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714) 647-5157
9
EXHIBIT C
b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of
filing of the complaint.
4. Notice of Hearing
Upon receipt of the request for hearing, the complainant and the respondent will be
notified in writing of the hearing ten (10) calendar days prior to the date of the hearing.
The ten-day notice may be shortened with the written consent of the parties. A decision
will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the
complaint.
The hearing notice shall be in writing and contain the following information:
a. The date of notice, name of the complainant, and the name of the party against whom
the complaint is filed.
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.
B. Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence not
applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to
enable adjustment to the circumstances presented.
1. The hearing officer shall have complete independence to obtain facts and make
decisions. The hearing officer shall be in a position to render impartial decisions and
thus should not be subordinate to the Santa Ana LWIA or its sub recipients. 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.
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EXHIBIT C
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/she so desires. Other he/she is limited to his/her own abilities and those to the
hearing officer in obtaining testimony in the case.
6. It is important that the hearing officer obtain the fullest information for the record. If the
parties involved, or their representatives, do not know how to ask the right or pertinent
questions in pursuing their right to due process, it shall be necessary for the hearing
officer to step in to have all the materials and relevant facts elicited.
7. The practice in informal hearings is generally not to apply strict rules of evidence in
obtaining facts. However, the quantity of evidence required to support a decision on an
issue should be sufficiently credible that the state (or other appropriate agency), upon
reviewing the decision, would conclude that the decision is supported by substantial
evidence.
8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior
to the conclusion of the hearing.
9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a
recommended decision to the 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.
D. Record of Hearing
11
EXHIBIT C
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 athree-
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:
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.
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.
12
EXHIBIT C .
Complaints which may be initially filed at the State level will be heard by an independent
hearing officer designated by the State Workforce Investment Division (WID). The hearing
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A. Form and Filing of Complaint.
1. Request for State Review of LWIA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory decision,
the State shall provide for an independent state review.
2. Filing of Requests for State Review
The State Review Panel shall review all LWIA level decisions when a request for review
is filed within 10 days of receipt of the adverse decision. Such requests must be filed in
writing with the Chief of the WID Office. The request for review should contain the
following information:
a. Full name, address, and telephone number of the party requesting the review
b. Full name, address, and 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.
3. Complainant 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.
1. Request for Hearing at the State Level
If no decision has been issued at the LWIA level or the State has determined an audit
disallowance or imposed sanctions, the complainant may request a hearing. The
13
EXHIBIT C
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 LWIA
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 and 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.
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his/her position, to present oral
and/or written arguments, to examine records and documents relevant to the issue(s),
and to be represented.
The hearing officer shall issue a written decision, which shall be forwarded to the State
Review Panel for final determination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must be
approved by the Secretary of Labor
C. State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the 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.
14
EXHIBIT C
D. Issuance of State Review Decision.
The State review will be limited to violations of the WIA, implementing WIA regulations or
the grant agreement. This review shall be limited to the record established at the LWIA
hearing.
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
EXHIBIT C
PROCEDURES FOR HANDLING NON-CRIMINAL COMPLAINTS
No later than
180 days of
alleged
discrimination
Handling of complaints filed at LWIA level arising in connection with W/A
programs operated by LW/As
Informal Resolution Process
w
0
a
,~ c
~+ C
0
Within 10 days of
receipt of
unsatisfactory
decision or 10
days from date
LWIA decision
should have been
issued.
Unsatisfactory Decision or LWIA Decision not issued within 60 davs
Request for State Review o
0
Governor's Decision issued by State Review Panel
If no decision issued by State Review Panel
Appeal to DOL
16
EXHIBIT C
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.
3. Complainants alleging discrimination under this part will be made aware of their right to
file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and
applicable procedures.
4. Complainants must file their complaint directly with:
Anita Queen
Sr. Personnel Analyst -EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714) 647-5157
VI. Procedures for Handling Handicap Complaints by Participants
Complaints alleging discrimination on the basis of handicap will be filed and processed under
the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973
at 29 Code of Federal Regulations Section 32.
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
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.
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.
17
EXHIBIT C
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.
zs
EXHIBIT C
PROCEDURES FOR HANDLING HANDICAP COMPLAINTS
No later than
180 days of
alleged
discrimination
Filing of complaint on the basis Of Handicap with LWIA ~ Day 1
I Informal Resolution I
If no resolution reached
~ Request for Hearing ~
Notice of Hearing
Hearing Conducted I I Day/45 Day
LWIA Decision
Unsatisfactory Decision or No Decision
Filed within 30
days of
LWIA/State
Decision or 90
days from date of
initial filing of
complaints
State Review
I Governor's Decision I
60 Days
Appeal to Assistant Secretary Department of Labor
19
EXHIBIT C
GLOSSARY OF WIA TERM
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 not yet transitioned to the status of participant.
ASSESSMENT -Services designed to determine each participant's employability, aptitudes, abilities
and interests and to develop a plan to achieve the participant's employment and related goals; also to
identify the available employment and traning activities appropriate for the participant. Testing and
counseling may also be used during 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 subjects 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
zo
EXHIBIT C
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.
21
EXHIBIT C
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 any agency, a Member of Congress in connection with the
awarding of any Federal contract, 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 than $100,000 for each such failure occurring on or
before October 23, 1996, and of not less than $11,000 and not more than $110,000 for
each such failure.
Grantee/Contractor Organizati~
Sig~u~ ~) U~
.J~Gr~~r L~ ~J s ~-~
Name of Certifying Official Signature
Program Titfe
EXHIBIT D
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name: Anthony Hord /Program Operator & Jeffrey Lee Jackson Executive Director
Name of Contractor: The BRIDGE
Contractor Number:
Date: 1 /27/2010
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):
1. The BRIDGE / ADMIN Offices
874 Seacoast Drive
Imperial Beach, CA 91932 San Diego County
2. Executive Directors office/ Jeffrey L. Jackson
8 Elm Ave. Imperial Beach
CA 91932 San Diego County
3. The BRIDGE /Orange Coastal Region Office
1407 N. Batavia ,Suite 120 Orange
CA 92867 Orange County
4. Bishop Manor Community Center
1000 E Bishop
Santa Ana, CA 92701 Orange County
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 adrug-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 adrug-free awareness program to inform employees about -
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining adrug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program;
(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;
(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.
EXHIBIT E
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;
(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 adrug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Dated: 1 /27/2010
Anthony Hord /AKA Tony Hord
Program Operat r
~~a~
EXHIBIT E
BUDGET FORM
Administrative
No more than 10%
allowed. Program Total WIA Match/In Kind
Personnel
Salaries*
1. TBA 100%
2. Yvonne Elizondo 20%
3. Tony Hord 13.5%
4. ReEtta Pyburn / admin
000.00
36000.00
10000.00
10000.00
36000.00
10000.00
10000.00
3000.00
Benefits*
1. TBA
2. Yvonne Elizondo
3. Tony Hord
4. ReEtta Pyburn
40.00
6480.00
1800.00
1800.00
6480.00
1800.00
1800.00
540.00
Total Personnel 3540.00 66080.00 69620.00
Operating Expenses
Rent or user fee* 1330.44 2197.80 3528.24
Utilities 154.00 335.71 489.71
Phones 180.00 283.05 463.05
Internet fees
Parking fees
Security
Maintenance
Insurance 650.00 650.00
Equipment rental fees*
Vehicle lease*
Office expenses
(consumables)
150.00
550.00
700.00
Accounting Services 426.00 1003.00 1429.00
Legal services
Auditing services 600.00 600.00
Indirect costs*
Staff training
Staff travel/mileage 120.00 1200.00 1320.00
Participant Wages* 3200.00 3200.00
Support services* 6000.00 6000.00
Participant Incentives* 4000.00 4000.00
Other (list)* Program
materials &supplies
4000.00
4000.00
Total Operating Expenses
2360.44
24019.56
26380.00
GRAND TOTAL
(Total Personnel+Total
Operating Expenses)
6676.00
89324.00
96,000
'See fiugget Form Instructions
EXHIBIT F
The BRIDGE
Budget Narrative
Santa Ana Youth Program
Personnel
Tony Hord, Supervisor (FTE 13.5%Z Mr. Hord will provide program guidance for
meeting program performance measures and accountability, staff oversight, monitoring,
staff training and coaching; and other managerial duties as required. Yvonne Elizondo,
Lead Case Manager (FTE 20%) Ms. Elizondo will provide case management, oversight
of outreach and recruitment, coordination of services; leveraging of resources and
provide staff with successful techniques to maintain the engagement of youth in the
program. Ms. Elizondo will also provide Life skills workshops and NRF Customer
Service Certification Training. Case Manager (FTE 100%). Will provide outreach and
recruitment; intake; basic skills assessment; case management, guidance and
counseling; job readiness workshops; job development and follow-up activities. ReEtta
Pyburn, Clerical Support (FTE 9%) Ms. Pyburn will provide administrative support to the
fiscal department.
Benefits
Staff benefits are calculated at 18% for a total of $11,340
Operating Expenses
Allocation of rent for administrative offices - $1330 ($275 x 12 months); utilities
(electric/water) - $154 (12.24 x 12); phone - $180 ($15 x 12 months); office supplies
(copying; postage; misc supplies) $150 (12.50 x 12 months); accounting services
$426.00; travel to visit office sites (.50 per mile x 240 miles)
Allocation of rent for Orange office for program activities - $3528.24 (294.02 x 12
months); utilities (electric/water) - $335.71(27.98 x 12 months); phone $283.05 ($23.59
x 12 months); insurance for program -$650; office supplies $550 (copying; copy paper;
postage; misc supplies, etc.); staff travel $1200 (.50 per mile x 2400 miles) for job
development, attending WIB Youth meeting and other related program travel.
Participant Wages: 10 participants x 40 hours x $8.00 = $3200 plus fringe $576 =
$3776
Support Services: Allowable supportive services will be provided to participants in
need of transportation; work clothing; and other supportive services as identified. Total
$6,000
Participant Incentives: Incentives will be utilized for milestones achieved such as an
skill attainment; achievement of a certificate or diploma; and others as allowable. Total
$4000
Other (list)
Student materials, supplies and testing/certification: Books and supplies to teach
workshops and classes; NRF testing fees for Customer Service Certification; basic skills
assessment booklets and other assessment supplies; student notebooks and other
related learning materials and supplies.
EXHIBIT F