HomeMy WebLinkAboutBIZ AND TECH INTERNATIONAL TRADING CENTER -2011N-2011-143
Agreement No.
? zio9
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES ON-THE-JOB TRAINING AGREEMENT
//- / ?- /2. -UNDER THE WORKFORCE INVESTMENT ACT
CLERK OF COUNCIL
DATE: THIS AGREEMENT is made and entered into this 26u' day of October, 201 1 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 (hereinafter "CITY") and Biz and Tech International Trading Center (hereinafter
"EMPLOYER").
WITNESSETH
Recitals:
A. CITY has been designated a Local Workforce Investment Area ("LWIA") pursuant to Section
1 16 of the Workforce Investment Act ("WIA"), P.L. 105-220, 29 USC Section 2801, to receive federal funds to
promote effective delivery of job training services to local area residents.
B. The State of California has created the California Workforce Investment Board pursuant to
Section 111 of the Workforce Investment Act, P.L. 105-220, 29 USC 2821 to administer the WIA programs
operated by the State of California.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare eligible
unskilled youth, adults and dislocated workers for entry into the labor market, and to provide job training to
those individuals who face serious barriers in obtaining productive employment ("said Program").
D. EMPLOYER is able and willing to train eligible unskilled applicants for entry into the labor
market and is willing to operate said program pursuant to the WIA and applicable federal, state and local laws.
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:
1. Term. The effective term of this Agreement is for the period beginning Wednesday, November 2..a
2011, and ending April 24th, 2012. The term of this Agreement may be extended upon agreement of
all parties and execution of an amendment of the term.
2. Scope of Work. The EMPLOYER shall employ and train one employee (hereinafter "Trainee") in the
occupation and in accordance with the OJT Training Outline set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
Said Trainee shall be referred by the City of Santa Ana W/O/R/K Center. Training must significantly
raise the Trainee from his/her prior position in both level of skill and salary by the end of the training
period.
Funding. CITY shall reimburse the EMPLOYER an amount not to exceed $3,600 in accordance with
the Cost Computation included in Exhibit A. EMPLOYER shall bill the CITY monthly on an invoice
provided by CITY for actual and reasonable cost for providing the services described in this Agreement.
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Reimbursement of EMPLOYER under this Agreement shall be limited to the costs incurred during the
basic work week, excluding overtime and any paid holidays or sick leave.
4. Subcontracting Prohibited. The EMPLOYER shall not subcontract or assign the OJT Training. Any
attempt by the EMPLOYER to delegate or assign OJT training duties under this Agreement shall void,
and permit CITY to immediately terminate, this Agreement.
5. Employer Obligations. During the training, the EMPLOYER shall ensure that the Trainee:
a. is on the EMPLOYER's payroll, not paid as a contracted employee/independent contractor; and,
b. receives the same benefits as EMPLOYER'S other employees performing similar work; and,
c. is paid the salary as indicated in Exhibit A with appropriate payroll taxes withheld and reported;
and,
d. is provided Worker's Compensation Insurance coverage, pursuant to state law; and,
e. is provided by EMPLOYER with safety instructions and equipment necessary for reasonable
protection against injury and damage. CONTRACTOR shall maintain appropriate standards for health
and safety in work and training situations. Where special clothing or equipment is provided to the
EMPLOYER'S regular employees, EMPLOYER shall provide the same type of clothing or equipment to
the Trainee performing similar work.
6. Emnlovment of Trainee. The EMPLOYER shall employ the Trainee as a regular member of
EMPLOYER'S work force. If EMPLOYER wants to continue to employ the Trainee upon the successful
completion of the training period under this Agreement, said employment shall be subject to the same
conditions of employment applied to EMPLOYER'S other regular employees, including termination for
unsatisfactory performance.
7. Patent. Copyrights and Rights in Data. The EMPLOYER 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 EMPLOYER. Upon written request, EMPLOYER will
transfer all pertinent information, specifications and right, title and interest to the designated agency.
8. INVENTIONS, PATENTS AND COPYRIGHTS.
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the
CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the
Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its
representative on these matters, the DOL shall determine whether to seek protection on the invention or
discovery. The DOL and its representative shall determine how the rights in the invention or discovery,
including rights under any patent issued thereon, will be allocated and administered in order to protect the
public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of
Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy).
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B. Copyright Policy.
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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 EMPLOYER 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 EMPLOYER purchases ownership with grant support; and (c) EMPLOYER
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.
9. Hold Harmless. The EMPLOYER shall indemnify, defend and hold harmless CITY, and 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 indemnify, defend
and hold harmless CITY, and its officers, agents and employees, from any and all claims, demands,
suits, actions or proceedings of any kind or nature, including, but not limited to, workers' compensation
claims, resulting from or arising out of the negligent acts, errors or omissions of EMPLOYER, its
employees, agents or subcontractors.
1 O. Insurance. The EMPLOYER shall obtain at its sole cost and file with the City of Santa Ana -Santa Ana
W/O/R/K Center, upon execution of this Agreement, and maintain for the period covered by this
Agreement, a policy or policies of commercial general liability insurance or a certificate of such
insurance, satisfactory to the City Attorney of CITY, naming CITY, and its officers, agents and
employees, as insured or additional insured (see attached Additional Insured Endorsement, Exhibit C),
which provides coverage not less than that provided in the form of a comprehensive general liability
insurance policy against liability for any and all claims and suits for damages or injuries to persons or
property resulting from or arising out of operations of EMPLOYER, and its officers, agents, or
employees. Said policy or policies of insurance shall provide coverage for both bodily injury and
property damage in no less than One Million Dollars ($1,000,000). Said policy or policies shall also
contain a provision that no termination, cancellation or change of coverage or of insured or additional
insured shall be effective until after thirty (30) days notice thereof has been given in writing to CITY.
EMPLOYER shall give to CITY prompt and timely notice of claims made or suit instituted against said
policy. EMPLOYER shall procure and maintain at its own costs and expense, any additional kinds and
amounts of insurance which, in its own judgment, may be necessary for its proper protection.
11. Record Keening. 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 EMPLOYER'S
activities, performance, books, documents, papers, and records of EMPLOYER'S 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 EMPLOYER are kept. Nothing herein shall be construed to require access to any
privileged or confidential information as set forth in federal or state law.
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In the event EMPLOYER does not make the above-referenced documents available within the City of
Santa Ana, California, EMPLOYER agrees to pay all necessary and reasonable expenses incurred by
CITY in conducting any audit at the location where said records and books of account are maintained.
All accounting records and evidence pertaining to all costs of EMPLOYER and all documents related to
this Agreement shall be kept available at the location where EMPLOYER 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.
12. Government Fundine. This Agreement is valid and enforceable only if sufficient funds are made
available to the State by the United States Government for the same Fiscal Year as for this Program. In
addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by
Congress or any statute enacted by Congress which may affect the provision, terms or fiuiding of this
Agreement in any manner.
13. Payment Cap. City's OJT payments to EMPLOYER shall not exceed a maximum of fifty percent (50%)
of the wages paid by EMPLOYER during the training period specified in Exhibit A.
14. Amendment of Agreement. No alteration or variation of the terms of this Agreement shall be valid
and/or binding unless made in writing and signed by both parties. There are no oral understandings or
agreements between the parties.
15. Breach/Sanctions. If, through any cause, EMPLOYER violates any of the terms and conditions of this
Agreement, or if EMPLOYER reports inaccurately or if any Audit Report makes disallowances,
EMPLOYER shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a
result of EMPLOYER'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 EMPLOYER 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 EMPLOYER has failed to repay same or a repayment
schedule has not been made; and/or (3) terminate this Agreement by giving written notice to
EMPLOYER of such termination in accordance the notice provision in Paragraph XVIII herein below.
16. Termination. Either party may terminate this Agreement upon thirty (30) days prior written notice to the
other party. However, the CITY may immediately terminate this Agreement at such time as funds are
not made available to CITY through the United States Department of Labor or the State of California
Employment Development Department for the purpose of carrying out this Agreement.
17. Independent Contractor. The EMPLOYER, and any agents and employees of the EMPLOYER, in the
performance of this Agreement, shall act in an independent capacity as independent contractors and not
as officers, employees, or agents of the CITY. This Agreement is not intended nor shall it be construed
to create an employer-employee relationship between EMPLOYER and CITY, nor a joint venture
relationship. The EMPLOYER shall not subcontract in the name of the CITY.
18. Equal Employment Opportunities. The EMPLOYER warrants that it will comply with Title VI of the
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Civil Rights Act of 1964, and the requirements relating to equal employment opportunities set forth in
Executive Order No. 11246, as amended by E.O. 11375 and supplemented by the requirements of 41
CFR Part 60. EMPLOYER will also comply with all applicable federal and state laws and regulations,
and particularly those assurances and certifications set forth in Exhibit B attached hereto and by this
reference incorporated herein.
19. Prohibitions. The EMPLOYER shall not use any of the training funds provided under this Agreement
for political or sectarian activities.
20. Grievance Procedure. The EMPLOYER shall continue to operate, or shall establish and maintain a
grievance or complaint handling procedure relevant to the terms and conditions of employment and the
EMPLOYER's activities and programs, which shall meet at a minimum the requirements set forth in
Section 101(31) of the Act and 663.700-71 O and regulations promulgated by the State or Federal
Government. Employers that do not have a grievance or complaint handling procedure shall use the
procedures prescribed by the CITY.
21. Guidelines. The CITY shall make the WIA applicable federal regulations and policy guidelines
available to EMPLOYER at CITY - W/O/R/K Center, 1000 E. Santa Ana Blvd., Suite 200, Santa Ana,
California 92701. The CITY shall also inform the EMPLOYER of changes in the WIA regulations or
policy guidelines if such changes affect the operation of this Agreement.
22. Drug Free Workplace. The EMPLOYER agrees to provide a drug-free work place and to execute a
certification as set forth in Exhibit D attached hereto and incorporated herein by this reference.
23. 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 -Santa Ana W/O/R/K Center
1000 E. Santa Ana Blvd.. Suite 200
Santa Ana. CA 92701
Attention: WORK Center Director
EMPLOYER:
Biz 8c Tech International Trading Center
780/800 Roosevelt
Irvine. CA 92620
24. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only
conduct business with responsible persons and may not make any award or permit any award to any
party which is debarred or suspended or is otherwise excluded from or ineligible for participation in
Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 29
CRF Parts 97.35 and 98.510. EMPLOYER must review and sign Exhibit E "Debarment", which is
attached hereto and incorporated herein by this reference.
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24. 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.
25. 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.
26. 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST: CITY OF SANTA ANA
CStY?,Q
Maria D. Huizar
Clerk of the Council
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Paul Walters
Interim City Manager
APPROVED AS TO FORM:
Lisa Storck
Assistant City Attorney
By: Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nancy T. Ed rds
Interim Exec ve Director
Community Development Agency
EMPLOYER:
?` ?/
N??" /
Name: ?7ictoria R?6h-? "`
Title: Operations/Leasing Manager
Federal Tax ID#: 26250212
State Tax ID#: 2338965
7
Agreement # Exhibit A
TRAINING PLAN
I. GENERAL
1. Name of OJT Employer: Biz 8t Tech International Trading Center
2. Address of OJT Work-site: 780 Roosevelt. Irvine. CA 92620
3. Phone Number: 949.333.6000
4. Training Supervisor: Victoria Rech
5. Name of OJT Trainee: Jennifer Thomas
6. Application Number of Trainee: N/A
7. Proportion of trainees/employees: (at time Agreement entered into)
a. Total number of employer's regular employees 6
c. Cumulative number of trainees currently in OJT O
II. OCCUPATION AND ON-THE-JOB TRAINING OUTLINE:
1. Vendor #:
2. Occupation/Product or Service: Receptionist
3. Length of Time in Business: 4 Years
4. ONET Code: 43-4171.00 SVP Level 4.0 to <6.0
5. Hourly Starting Wage: $9.00
Start Date: 11/2/2011 End Date: 4/24/2012
Hours 8:30-3:30 M-T 8:30-4:30 F or Days or Weeks
6. State and Federal Tax I.D.: State:
Federal: 26250212
7. Basic Work Week Hours: 36
8. Outline of On-the-Job Training Plan and Method of Assessment:
1
ELEMENTS OF TRAINING HOURS OF TRAINING
1. Will be trained in services provided by company, develop
knowledge of company and their practices:
A. Will be trained to support the company by developing exceptional
customer service. 120
B. Develop client relationship through courteous and prompt customer
C. interaction.
D. Greet persons entering establishment, determine nature and purpose of
visit, direct or escort them to specific destinations.
E. Lean to perform administrative support duties
Measurement Method: Q & A, task observation and inspection. Goal is to
achieve rate of proficiency within first Month and a half of training.
2.
A. Helps coordinate outgoing packages for common carriers, such as 230
Federal Express, UPS
B. Transmit information or documents to customers, using either
computer, mail or fax machine.
C. Will be trained in file and record maintenance
D. Will be trained in proper operation of telephone system, screening and
forwarding calls. Will also be taught the proper way to take messages
and schedule appointments.
Measurement Method: Q 8[ A, task observation and inspection. Goal is to achieve rate
of proficiency within subsequent three and a half months.
3.
A. Will be trained in company billables, billing clients appropriately 300
via excel spreadsheet, learning formulas in excel
B. To be training in basic accounting, such as inputting company bills into
excel spreadsheet, learning formulas in excel
C. Will be trained in programming building access cards for both 780 &L
800 Roosevelt via software system.
D. Learn some phone programming as back up assist to current
receptionist.
Measurement Method: Q.& A task observation and inspection. Goal is to achieve rate of
proficiency within subsequent three and a half months.
4.
A. Learn to manage janitorial services needs, learn about building HVAC
system and how to address issues, who to contact if issues arise.
B. Will be trained in office key system: where hard keys are, how to
provide the right key to the correct suites, how to order additional hard 150
keys via locksmith.
C. Learn to order coffee supplies along with current coffee system.
D. Must possess or be taught interpersonal skills, develop strong customer
and public relations skills. Well be mentored in developing problem
solving, time management and multi-tasking abilities.
Measurement Method: Q 8C A task observation and inspection. Goal is to achieve rate of
proficiency within subsequent three and a half months.
RATING LEVELS:
Measurement method: how will it be determined if OJT participant acquired the skill? QBcA, observation, product review/inspection,
etc.
PROFICIENT MODERATE MARGINAL
II. COST COMPUTATION
Example: Hourly Reimbursement of 50% at $ 4.50 Hours 800 cost Per Trainee
_ $3.600.00
III. Person(s) authorized to sign payment invoices fo 1
r EMPLOYER: \ I?(r _?
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Print Name Si re Title Date
7LiU2 ?H - f?CePtiorliSt io/? -r/rr
Print Name Signa ure Title Date
3
ASSURANCES
A. The EMPLOYER assures that:
1. It will comply with the requirements of the Workforce Investment Act (WIA), the California
Unemployment Insurance Code, as amended, and the regulations and policies promulgated
thereunder.
2. No OJT participant displaces a regular employee nor shall an OJT participant fill a position of a
person who has been laid off from the same or similaz position.
3. No current employees are receiving unemployment insurance benefits as a result of layoffs or
work reductions.
4. No person in the United States shall on the grounds of race, color, sex, religion, national origin,
age, disability, sexual orientation, or mazital status be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity for
which the applicant receives federal financial assistance and will immediately take any measure
necessary to effectuate this Agreement.
5. It will comply with provisions of the Hatch Act, if applicable, which limits the political activities
of employees.
6. Individuals receiving training on the job shall be compensated by the EMPLOYER at such rate,
including periodic increases, as may be deemed reasonable under regulations prescribed by the
Secretary of Labor, but in no event at a rate less than that specified in Section 6 (a) (1) of the Fair
Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage
law.
7. Services and activities provided under this Agreement will be administered by or under the
supervision of the EMPLOYER.
8. No relative by blood, adoption or marriages of the EMPLOYER may be trained under this
Agreement.
9. Appropriate standazds for health and safety in work and training situations will be maintained.
1 O. Conditions of employment or training are appropriate and reasonable with regard to the type of
work, the geographical region, and the proficiency of the trainee.
1 1. Training will not be for any occupation which requires less than six weeks of training according
to the Specific Vocational Prepazation Table (SVP Code).
12. Training will, to the maximum extent practicable, be consistent with every individual's fullest
capabilities and lead to employment possibilities.
13. The program will, to the maximum extent feasible, contribute to the occupational development
or upwazd mobility of individual participants.
14. Training will be in accordance with the training plan, which plan incorporates documentation
that must be completed by EMPLOYER before end of contract.
15. *Dot and **SVP code books will be used to determine length of OJT period. The training time
EXHIBIT B
may not be longer than the SVP Code allows; however, contractors are encouraged to negotiate
shorter training periods whenever applicable.
16. OJT trainees shall not number more than 40% of the EMPLOYERS work force.
17. All EMPLOYER training payments reimbursements) must be exclusive of any and all
EMPLOYER fringe benefits, paid holidays, paid sick days and overtime compensation.
18. The participating EMPLOYER must keep an accurate and up-to-date time sheet for the OJT
trainee.
19. Payroll records, time and attendance records and job duties retained on file by the participating
_EMPLOYER for each JT trainee are subject to review.
ervi ovider Signature ate
Victoria
Print First Name
Print Last Name
Biz 8z Tech International Trading Center
Organization Name
780 Roosevelt. Irvine. CA 92620
Organization Address
EXHIBIT B
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This eadlissament madlfies such inattrancc us is afforded by the previsions ai Poltuy {? ??? `?1 ???ta?" ?^?!p
relstiug trt the FnUpwing:
?. `1'Ifa G'ity oi! Santa Ar+s, 20 ?ivio ?e»iCr. I;]az?, Santa .'tit+s?, Calitbrr?]& O:t7(12; its of'f'icers,
emp]oyees, a$aniv and valtlgtecr? t?ra nptrted a9 eddit[aT1s1 insureds ?"ttsl3itiana] 9n?reds't} with regard- to
liatifiity and defklnsa of a?+tits c+riafttg frpm tht< aporatlowg ?d uses p+trfl?ttlted lty or oTl. lt??alf of t]ts Hamad
irssured.
2. VYith respect to aln*ms arising out of the gf/ec?iiorta pnfl ttspts purtbrnled 6i' cat art 6ehA1f of the
»nmt;d insared, such insusanca+. as is a#'orded by this poltey is prim»ty aru] fs rwt additioria] to or eaUtrllxuUng
vS?ith any ether inaurapcc curried bynr #bt tho lanatit of the pdQttione] tnSRrens,
S. This ir)surslsace a?plles geparata]y to enCh tneured t+pptif?st whom a]aim to msdu or suit is brought
except vrith Fespeet td the oamps7»y'a 3fmfta aP liabtliry_ The inehlesian nP any pe+rsori Ar ?rg6nizl+tiaa as nn
insurecj $h111! ttPt af?ct at1,y rjght wt)ictt auoh parsec. ar eraanfzatlon would ]tn uc t1.9 a u}aintatlt tf not so tnctudul.
4. Wlth respect to thv wdditipnA[ tusureds, tttia iuslrl'&riae sh+11] opt he eancEled, At raaterfally
reduced tg coverage. of ]Emits oxccpt after thltty (30) days ?+11+'tt'fen riQTtao had beat! given to tttc city Ot' S?.t1la;
A»A, $fi Via Center Plaaa,•Saltta Ana; California 92702.
jOolpplstion Qf the fo]lowit+g, tricludtng caunterslguaturc, as rcqulr?d to rnak., this endorseuteiu efEeetive.)
FPlbptiva ? j ?-? - (? , t1t]a endorsement Perm r+s a par! of
Po]ioyi/ dt Ca
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Ass
O
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; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
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;
EXHIBIT D
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain 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
Pertormance" 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: ?? ??? / r
Program Operator
EXHIBIT D
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name: Biz 8? Tech International Trading Center
Name of Contractor: Victoria Rech
Contractor Number:
Date: October 21st .201 1
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):
780 Roosevelt. Irvine. CA 92620
800 Roosevelt. Irvine. CA 92620
EXHIBIT D
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26, 1988 Federal Resister (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Victoria Rech/ Operations Leasing Manager
N e and Title of Authorized Representative
2 ??
Si n ure Date
EXHIBIT E
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance fluids is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance fluids further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List of Parties Excluded from Procurement or Non-
Procurement Proerams.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.