Loading...
HomeMy WebLinkAboutORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER 18 - 2012 City of Santa Ana • Clerk of the Council AGREEMENT TERMINATION FORM COTC Office Use Only Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 2520 if you have any questions. The agreement with l.(6 - 0 L. Cs1t\ÔiQit tra Glitf No. A-4 -D P-1 2was completed on (CI 2201 I and final payment has been made. (List all amendments. Use space below if needed.) Department: CIDA1 Phone/Ext.: LI_--_ Signature: Date: � \VEA". Revised 04-12-10 f a QQ. Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT A- 2012 -125 THIS AGREEMENT, made and entered into this I" day of July, 2012, 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 Orange County Children's Therapeutic Arts Center, a non - profit corporation ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S Program Narrative contained in "Exhibit A" and in the Performance Standards "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 Page 1 of 15 level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures Under the WIA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) 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. 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 Page 2 of 15 Investment Act Application form (WIA EWIR) and supporting documents within 20 days of application date; a complete Workforce Investment Act Enrollment /Registration form (WIA EWIE) within 20 days of determination (reviewer) date; any subsequent updates to EWIE within 15 days of the begin date of activity or end date of an activity; Workforce Investment Act Youth Test Scores form (WIA EYTS) within 20 days of application date; Workforce Investment Act Exit form (WIA EWIT) within 20 days of completion/termination of active enrollment of trainee; and the Workforce Investment Act Follow -Up Contact Information form (WIA EWIF) within 20 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at the location where CONTRACTOR conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice/Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month Page 3 of 15 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 Regarding Lobbying 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 of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. Q. CONTRACTOR agrees to provide a drug -free work place and to execute a Drug Free Workplace 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 Page 4 of 15 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 that it is in compliance with the Certification Regarding Debarment ( "Exhibit F ") as 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 16, 1988, Federal Register (Pages 19160- 19211). U. 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 $175,000.00 for CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CONTRACTOR has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. C. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. D. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. III. TIME PERIOD OF AGREEMENT This Agreement shall commence on July 1, 2012 and all duties arising under this Agreement shall have been performed by June 30, 2013. The term of this Agreement may be extended by a writing executed by the Executive Director for the Community Development Agency and the City Attorney. Page 5 of 15 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 155 1) 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. Pending WIA reauthorization and or U.S. Department of Labor and EDD updates, Contractor agree to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Investment Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. Page 6 of 15 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 a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in 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 execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the 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. Page 7 of 15 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 a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -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 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be Page 8 of 15 utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will be taken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non - voting member of the Workforce Investment Board (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 comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. Page 9of15 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 (in substantially the form as Exhibit I , Additional Insured Endorsement, attached hereto). 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 of self- 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 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 Page 10 of 15 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; All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, Page 1 I of 15 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 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, Page 12 of 15 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 final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and /or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. Page 13 of 15 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: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) 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: Orange County Children's Therapeutic Arts Center 2215 N. Broadway Santa Ana, CA 92706 Phone: (714) 547 -5468 Fax: (714) 564 -9690 Attn: Dr. Ana Jimenez -Hami 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. Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: ell. /- Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney BY:LS Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: Paul Walters City Manager Orange County Children's Therapeutic Arts Center "CONTRACTOR" r BY: Dr. Ana Jimenez -Ha i Executive Director Tax ID #: 33- 0930891 Page 15 of 15 Attachment A (Cover Page) PROPOSER APPLICATION Agency Legal Name Orange County Children's Therapeutic Arts Center Agency DBA Grants Program Name Career & Job Readiness Program for Youth with and without Disabilities Agency Address 2215 North Broadway, Santa Ana, CA 92706 Contact Person & Title Dr. Ana Jimenez -Hami, Executive Director Email ana @occtac.org Telephone # (714) 547 -5468 Fax # (714) 564 -9690 Federal ID Number 33- 0930891 AGENCYSTATUS Public Non - Profit x Corporation Grants Private Non - Profit Contracts Years in Operation? 65,000 Private for Profit 300,000 Government 260,000 Other H PRIMARY FUNDING SOURCES Funding Source Donations Fundraising Grants Tuition Contracts Amount 65,000 50,000 300,000 125,000 260,000 HOURS OF OPERATION AND DAYS Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Hours 8:30am- 8:30pm 8:30am- 8:30pm 8:30am- 8:30pm 8:30am- 8:30pm 8:30am- 8:30pm 8:30am- 5:00pm closed MY ORGANIZATION WILL OFFER THE FOLLOWING WIA ELEMENTS FOR YOUTH: Tutoring, study skills, training, and instruction, leading to completion of secondary school, including dropout prevention strategies X Alternative secondary school services, as appropriate X Summer employment opportunities that are directly linked to academic and occupational learning X Paid and unpaid work experience, including internships and job shadowing X Occupational skill training, as appropriate, or paid OJT X Leadership development opportunities, which may include community service and peer centered activities encouraging responsibilities and other positive social behaviors during non - school hours X Supportive Services X Adult Mentoring for the period of participation and a subsequent period, not less than 12 months X Follow -up services for minimum of 12 months after the completion of participation X Comprehensive guidance and counseling, may include drug /alcohol abuse counseling X TARGET POPULATION Older Youth Younger Youth Out -of- School X In- School # of Youth to be Served in 2012/2013 125 Total WIA Funds Requested 1 $175,000 In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the agency named above. Signature Title Executive Director Date r Exhibit A OC Children's Therapeutic Arts Centel- 2012 -13 Proposal Narrative for YSPN Membership I. PROPOSAL NARRATIVE A. Executive Summary: 1. Briefly describe your organization. The Orange County Children's Therapeutic Arts Center ( OCCTAC) is recognized as one of Santa Ana's leading community builders for children, youth and families. Also we successfully integrate youth with and without disabilities in a nurturing and supportive environment that teaches respect, disability awareness, and cultural diversity with an emphasis in the arts, education and technology. We offer a wide variety of educational and therapeutic programs to the community, including: Early Intervention/Early Start programs, After - school Arts and Tutoring, Parenting, Counseling, Support groups, Leadership development, Technology Training, and others. Our agency prioritizes on serving youth with disabilities, including: learning disabilities, health impairments, developmental disabilities, and others. 2. Briefly describe how this program fits in with programs currently being offered by your agency. The WIA program is an extension of our current educational services provided to older youth (with and without disabilities). This program fits perfectly with our mission to empower and educate youth, and provide life changing opportunities. In addition, OCCTAC currently offers 3 State Certificate Programs in partnership with the Santa Ana College and Pacific Clinics. Please See Table 3 (page 4) and Table 5 (page 6) for more information on OCCTAC programs. 3. Briefly describe the basic program (indicate the number of youth to be served, which WIA population will be served, activities /workshops, work experience, training, educational resources, work readiness, case management strategies). OCCTAC Job Training program will serve 25 out of school youth, ages 17 -21 yrs. The basic program will take place primarily at our community -based center in Santa Ana. Participants will engage in a variety of educational and job training activities, including classroom and workshop instruction. Participants will be required to meet individually with key staff, participate in daily and weekly educational trainings, and monthly workshops. Participants will also engage in weekly "hands -on" work experience and job training opportunities at our agency and other community sites. Please see Tables 1, 2, 3, 4 and S. 4. Indicate the planned outcomes and how they will meet the WIA Performance Goals. OCCTAC is committed to helping youth reach the WIA performance goals by providing youth with the support, guidance, training and work experience to find employment opportunities and /or enroll in higher education, attain a certificate, and increase their basic skills, particularly, literacy and numeracy gains. Our WIA case manager and career counselor will work together with our participants to help place students in jobs, and enroll them in post- secondary education. OCCTAC currently offers 3 state certificate programs. These certificate programs will help youth attain an important performance goal, and comply with our YSPN member responsibilities to ensure that the YSPN's performance measures are met. Also, our WIA literacy and math tutors will continue to help participants increase at least two grade levels, by providing individual tutoring on a weekly basis until youth increase their literacy and math skills. OCCTAC has been very successful in the past with this performance goal, and continues to be committed in assisting participants with and without disabilities! 5. Disclose the total funding request. OCCTAC is requesting $180,000 to continue to provide high quality services to the WIA youth. The funding will be used for a full time case manager, a part time case manager assistant, a part time career counselor, a part time literacy and math tutors, and funds to pay 25 WIA participants during their work experience, as well as support services, and other program related costs. 6. Indicate which of the 10 WIA elements the program will offer. OCCTAC currently offers all 10 WIA elements to our WIA participants! The program has a strong emphasis on educational skills and job training, mentoring, tutoring, leadership development, counseling, support services, and paid work experience in the fields of education, arts, technology, office /clerical work, and child care worker and mental health paraprofessional training. This year we are also able to offer alternative secondary school services to high school dropout participants in partnership with SIATech! Exhibit A OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership B. Program Description 1. Describe the program in its entirety from July 2012 -June 30, 2013. OCCTAC will provide all 10 WIA elements of the program, including educational services, job training, paid work experience, adult mentoring, literacy and math tutoring, career & clinical counseling, leadership opportunities, support services, as wells as follow -up services. Please see below Table Y which shows the program timeline for one year. Table 2 (page 3) describes job training programs and work experience at OCCTAC. Table 3 (page 4) describes the 3 state certificate programs offered at OCCTAC for WIA participants, and Table 4 (page 5) describes the frequency of program activities & OCCTAC staff interaction. Table 5 (page 6) describes other available programs at our agency for WIA participants to engage in additional work experience and mentoring opportunities. TABLE 1— Program Timeline from July 2012 — June 30, 2013 Program Timeline Program Activities & Training Month 1 • Orientation of program and services with Case Manager Objectives: Employability /Job Skills assessment with Case manager Program Overview, . Basic Skills /Academic levels assessment with Literacy and Numeracy tutor Assessments, Participant . Career interest assessment and survey with Career Counselor Goals . Determine Employment and Academic goals Month 2 • Initiate bi- monthly meetings with Case Manager to discuss goals and service Objectives: needs of participants Educational Guidance, 0 Initiate weekly tutoring of Literacy and /or Numeracy skills Tutoring & Vocational . Initiate weekly short -term vocational training courses Training . Initiate social support group with other WIA participants and staff • Participants to receive monthly stipend Months 3 -8 • Initiate paid work experience —(Pay per hour) Objectives: • Initiate monthly Job /Life skills training or Leadership Groups Job Training & Work . Continue bi- monthly meetings with case manager to discuss progress Experience . Continue monthly meetings with Career counselor for academic guidance • Continue weekly Literacy and /or Numeracy tutoring • Continue monthly support group with other WIA participants and staff • Invite guest speakers for special workshops (every other month) Month 9 -12 • Continue bi- monthly meetings with case manager to discuss program goals, Objectives: and for intense employability skills and job search training Employability /Job Skills & . Continue tutoring, if necessary Job Search a Continue monthly life skills training • Continue monthly support group with other WIA participants and staff 2. Indicate the number of youth that will be served. OCCTAC will serve 25 out -of- school youth, with and without disabilities from the City of Santa Ana. 3. Indicate which WIA population will receive the service. OCCTAC will serve out -of- school youth (ages 17 -21) with and without disabilities of very limited resources from the City of Santa Ana. 4. Indicate the age group that will be served. OCCTAC will serve 25 out -of- school youth (ages 17 -21) with and without disabilities of very limited resources from the City of Santa Ana. 5. Describe the recruitment plan. Indicate how the program will attract and interest youth. OCCTAC has a good reputation in the community and many WIA participants recommend the program to their friends or relatives. Every year, OCCTAC attracts new participants through "word of mouth" from previous participants and community members! Also, our innovative programs are of high interest to youth in the community. Year after year OCCTAC continues to grow and expand the level of services to WIA participants. We are most proud of our 3 state certificate programs that will benefit tremendously the Santa Ana transitional age youth population. Furthermore, OCCTAC has great community partners, including the Santa Ana Work Center, the Santa Ana College, the SAUSD Transitional Partnership Program, and others! Exhibit A OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership 6. How will your agency ensure that 75% of youth are enrolled by the second quarter of the program year (December 31, 2012). During the past three years, OCCTAC has had a strong partnership with the Santa Ana Unified School District, Transition Partnership Project (TPP) to serve youth with disabilities exiting high school. (See letter of support). In partnership with the SAUSD Transition Partnership Project, we will ensure that our enrollment goals will be met. The Case manager will work closely with SAUSD Transitional Partnership Program, partner agencies, and other community leaders for referrals. OCCTAC's strong partnership with the SAUSD Transitional Partnership Program will aid in the proper enrollment of those youth with disabilities. The relationships established with our partners agencies and other community leaders will ensure that we meet our 75% youth enrollment benchmark by, or before, second quarter and that our participants will be successful in attaining their goals. 7. Describe the services that will be provided to the participants and the agency that will be responsible for providing those services. OCCTAC will provide all 10 WIA elements /services as stated previously. OCCTAC has partnered with great organizations that will help fulfill this goal. Our key community partners include, the Santa Ana Work Center, the Santa Ana College, SAUSD, TPP and SIATech. OCCTAC is responsible for providing most of the services. SAUSD TPP is responsible for referring youth with disabilities to OCCTAC. The Santa Ana College is responsible for providing instructors at OCCTAC for the 3 state certificate programs, and SIATech provides alternative secondary school services for high school dropout students. 8. Describe how the program will lead to a pathway of self - sufficiency. As the participants master their basic skills and commit to taking on new challenges, they will emerge from the program better prepared to accomplish both short and long -term employment goals. OCCTAC is utilizing curricula to build core competencies to train workers; identify and disseminate career and skill information and increase the integration of community and technical college activities with industry and the public workforce system. Through this type of training, WIA participants develop the necessary tools to create a career path that compliments their skills, while meeting the skill needs of the employer within targeted industries. Additionally, WIA participants develop an understanding about what motivates and inspires them to attain additional skills and training and /or education to advance in other career opportunities. 9. Describe how the program includes opportunities for participants to gain work experience and receive compensation whether through payroll, stipends, incentives. OCCTAC job training program provides many opportunities for WIA participants to gain work experience and receive compensation through stipends and payroll. After the initial period of orientation and assessment, all WIA participants enroll in a field of their choice, and they begin their career training, educational support and work experience. During the first two months, all participants earn a stipend. After the stipend period, and contingent upon them completing all expected requirements, WIA participants are hired through OCCTAC and engage in paid work experience. The following table demonstrates the variety of programs that we offer at OCCTAC and how WIA participants can choose from any of these programs /fields to fulfill their career goals and work experience. TABLE 2: Mentoring & Job Training Pro rams at OCCTAC: Area of Job Training Placement & Educational/Training Training Work Experience Curriculum Health Mental Health OCCTAC, Pacific Clinics Pacific Clinics Curriculum & case Paraprofessional Worker and Community Sites *State Certificate Program management Child Care Child Care Worker Early Start Program at SAC Curriculum OCCTAC *State Certificate Program Office /Reception Executive /Administrative OCCTAC office SAC curriculum Computers Assistant & Community sites *State Certificate Program Customer Service Exhibit A OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership Education Tutor or Learning Academy at OCCTAC & Host Curriculum This program prepares students for in -depth training in Instructional Assistant OCCTAC & community sites executive secretary /administrative assistant positions. The Education Teaching Assistant Early Intervention/ First Five Early Childhood success in a high employment occupational field. The program Early Start Program at curriculum, High Scope & "Hands on develops skills in research, report and correspondence OCCTAC Training" Arts Teaching Assistant After - School Arts Program CA Performing Arts Standards service and telephone techniques, and other advanced office at OCCTAC Curriculum and "Hands -on" Arts procedures. Mental Health Training Technology Technology Assistant Computers /Media LAB at SAC & OCCTAC curriculums Certificate Program Graphic Artist OCCTAC & Santa Ana and "Hands -on" Photoshop & health disorders and the philosophy of delivery of mental Thursdays Business Owners Illustrator, graphic design, etc. 10. Indicate how the program uses innovative teaching strategies to improve numeracy and literacy. Our program uses imnovative teaching strategies that focus on creative approaches to engage participants in the learning process. Our literacy and math tutors also provide individual tutoring with the WIA participants that are basic skills deficient. Every year, OCCTAC has been successful in increasing the numeracy and literacy rates of WIA participants! Furthermore, OCCTAC's Learning Academy Program provides WIA participants the opportunity to tutor younger children in our "Learning Lab" so they can apply the skills that their mentors/ tutors are teaching them. The learning lab is not only a great vehicle for WIA participants to practice what they have learned, but also a great vehicle to enhance their self - esteem, boost their confidence and learn leadership skills! 11. Describe how the program assists youth in attaining employment or entering post- secondary education. The WIA case manager and career counselor meets regularly with each WIA youth to discuss job leads, employment opportunities and post- secondary education. The case manager helps youth with employment and the career counselor helps youth with entering post- secondary education. As mentioned previously, OCCTAC has a strong partnership with the Santa Ana College and other local colleges. 12. Indicate how the program will connect youth to resources that will help them earn an accredited credential or certificate or diploma. OCCTAC currently offers WIA participants 3 state certificate programs at our agency in partnership with the Santa Ana College and Pacific Clinics. WIA participants are encouraged to enroll in any of those certificate programs. Please see below: 1) the Mental Health Paraprofessional Certificate Program in partnership with Pacific Clinics, 2) the Administrative/ Executive Assistant Certificate Program in partnership with the Santa Ana College, and 3) the Child Care Provider Certificate Program in partnership with the Santa Ana College. In addition, OCCTAC began a new partnership this year with SIATech to provide alternative secondary school services to participants that need to earn their high school diploma. SIATech is housed at our agency to provide easy access to participants on a daily basis. TABLE 3: State Certificate Programs at OCCTAC in Dartnershin with SAC & Pacific Clinics: PROGRAM DESCRIPTION Days /Times Executive Administrative This program prepares students for in -depth training in M,T,W, Thurs Assistant Certificate Program executive secretary /administrative assistant positions. The open- entry /open exit, competency -based format promotes 4:00 — 8:30 pm success in a high employment occupational field. The program develops skills in research, report and correspondence preparation, advanced computer software applications, database management, interactive presentations, customer service and telephone techniques, and other advanced office procedures. Mental Health Students learn basic skills for employment as a Tuesdays Paraprofessional Paraprofessional mental health worker. They acquire (6:00 — 9:00 pm) Certificate Program knowledge about the treatment of psychological and behavioral health disorders and the philosophy of delivery of mental Thursdays health services to improve entry into this field. This certificate (6:00 — 9:00 pm) program develops competency for vocational success that Exhibit A 4 OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership 13. Indicate how the program will provide training and employment services that lead to occupations in high growth/high demand industries. OCCTAC program services support the High Growth Training Initiative as identified by the United States Department of Labor. "This initiative is a strategic effort to prepare workers to take advantage of new and increasing job opportunities in high growth, high demand and economically vital sectors of the American economy ... the High Growth Training Initiative targets worker training and career development resources towards helping workers gain the skills they need to build successful careers." Within the 14 -high growth industries identified, our participants will obtain job training related to the Information and Technology, the Health related Industries, and the fields of Education and the Arts. 14. What is the length of the program? How much time will a youth need to be in this program to get the full benefits? How often will the WIA participant need to attend the program and how often are specific activities offered (daily /weekly /monthly)? The length of the program is one year. In order for participants to get the full benefit of our program and each component offered, WIA participants are required to commit to at least 6 months of training and work experience. It is understood that many WIA participants have demanding circumstances in their lives, which, often dictate their ability to maintain their established training and work schedule. However, the OCCTAC staff is committed in supporting WIA participants' efforts towards achieving their educational and career goals. The frequency of program activities is shown below in Table 4. Please see below the frequency and type of program activities vary daily, weekly and monthly. 15. How often will participants meet with agency staff? Will other non -WIA agency staff be providing elements of the program? If so, please describe. WIA participants will need to attend the program on a daily or weekly basis in order to comply with the requirements of the program. Participants will be supported through a variety of (daily /weekly /monthly) activities that will keep them interested and engaged in the program. Please see TABLE 4 below for more information. Yes, other non -WIA agency staff members will also be providing some elements of the programs, such as adult mentoring, counseling and others. Table 5 (page 6) summarizes other programs in which non -WIA agency staff is also involved with the WIA participants. TABLE 4: Frequency of Program Activities & OCCTAC/ WIA Staff Interaction Daily/ Weekly Activities allows students to attain skill development in basic delivery of Saturdays Emphasis: Career Training Skills, services, documentation and reporting, introduction to human (1:00 — 5:00 pm) Tutoring & Work Experience development, principals of case management, working with Leadership Training Attend daily educational/career training families and employability. Participate at least once a month in life - Child Care Worker Students learn about health information required for licensing M, W, F Certificate Program and skills necessary for successful operation of a childcare provided by the counselor and /or when Certificate or Mental Health business. Also, students learn soft skills for those who would 8:30 am — 12:00 Paraprofessional Worker (Class is taught prefer to be employed by a childcare business. pm 13. Indicate how the program will provide training and employment services that lead to occupations in high growth/high demand industries. OCCTAC program services support the High Growth Training Initiative as identified by the United States Department of Labor. "This initiative is a strategic effort to prepare workers to take advantage of new and increasing job opportunities in high growth, high demand and economically vital sectors of the American economy ... the High Growth Training Initiative targets worker training and career development resources towards helping workers gain the skills they need to build successful careers." Within the 14 -high growth industries identified, our participants will obtain job training related to the Information and Technology, the Health related Industries, and the fields of Education and the Arts. 14. What is the length of the program? How much time will a youth need to be in this program to get the full benefits? How often will the WIA participant need to attend the program and how often are specific activities offered (daily /weekly /monthly)? The length of the program is one year. In order for participants to get the full benefit of our program and each component offered, WIA participants are required to commit to at least 6 months of training and work experience. It is understood that many WIA participants have demanding circumstances in their lives, which, often dictate their ability to maintain their established training and work schedule. However, the OCCTAC staff is committed in supporting WIA participants' efforts towards achieving their educational and career goals. The frequency of program activities is shown below in Table 4. Please see below the frequency and type of program activities vary daily, weekly and monthly. 15. How often will participants meet with agency staff? Will other non -WIA agency staff be providing elements of the program? If so, please describe. WIA participants will need to attend the program on a daily or weekly basis in order to comply with the requirements of the program. Participants will be supported through a variety of (daily /weekly /monthly) activities that will keep them interested and engaged in the program. Please see TABLE 4 below for more information. Yes, other non -WIA agency staff members will also be providing some elements of the programs, such as adult mentoring, counseling and others. Table 5 (page 6) summarizes other programs in which non -WIA agency staff is also involved with the WIA participants. TABLE 4: Frequency of Program Activities & OCCTAC/ WIA Staff Interaction Daily/ Weekly Activities Bi- Monthly Activities Monthly Activities Emphasis: Career Training Skills, Emphasis: Employability /Job Emphasis: Life Skills and Tutoring & Work Experience Skills & Career Goals Leadership Training Attend daily educational/career training Meet with Case Manager at least Participate at least once a month in life - skills in order to complete state certified twice a month to discuss goals, skills sessions or leadership training programs: Administrative Assistant progress, performance levels, provided by the counselor and /or when Certificate or Mental Health and learn job skills. necessary referred to a licensed MFT for Paraprofessional Worker (Class is taught services. Monday — Thursday, 2 hrs. each day) Meet with Literacy and Math Coach to Meet with the Educational and Participate once a month in a social/ support receive weekly tutoring in academic/ Career Counselor to discuss group with other participants, staff & guest basic skills. educational and career goals and speakers. Participate in weekly educational and pursue higher education career training skills with OCCTAC staff programs or enroll in another to engage in work experience with WIA certificate program outside of and other non -WIA support staff at the OCCTAC. center. Exhibit A OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership TABLE 5: Other Programs that WIA youth will participate in and gain Work Experience, but are mentored by NON -WIA staff at OCCTAC. PROGRAM DESCRIPTION Days/Times Early Start Program The Early Start program is and early intervention program that integrates Monday /Wednesday very young children (6 months to 3 years of age) with and without 8:30 am —11:30 am special in a natural community environment with their parents. It aims at Fridays enhancing students' cognitive, language, motor and social development. 8:30 am — 1:00 pm After School Arts The ASA for Life program provides artistic training in the fields of Monday — Friday Program Music, Visual Arts, Dance, Musical Theatre, and Technology training to 3:30 pm — 8:30 pm at -risk youth, and children with disabilities in the community. And Saturdays 9:00 am — 5:00 pm Therapeutic Arts This program serves children and youth with disabilities of all ages and Monday — Friday Program special needs, including: learning disability, health impairments, physical 3:30 pm — 8:30 pm disability, developmental disabilities and others. Saturdays 9:00 am — 5:00 pm Learning Academy This program provides homework support and tutoring to students (ages Monday — Friday & Tutoring Program 6 — 18 yrs) in Language Arts (reading and writing), math, and other 4:00 — 6:00 pm academic subjects. Saturdays 9:00 am — 5:00 pm OCCTAC This program provides outreach, prevention, referrals and engagement Various days /times Family Wellness with individuals at -risk of mental health problems. Other support throughout the week Program services include parenting, counseling, and support groups. 16. Describe how the program interacts and is supported by other (proposer's) agency programs. OCCTAC has a great collaborative relationship with all agencies from the Youth Service Provider Network, including the Santa Ana Work Center. Also, OCCTAC has had co- enrollments with Taller San Jose, Conservation Corps., Orangewood Foundation, Cambodian Family, and SAUSD. In addition, OCCTAC is providing all agency partners, the opportunity to enroll their participants in our certificate programs offered at our agency, as well as co- enroll high school drop -out students with SIATech to earn their high school degree. 17. Describe what supportive services participants will receive. WIA participants receive a wide variety of support services at OCCTAC. These include individual mentoring, individual counseling, support groups, leadership training, academic support as needed, tuition support for certificate /vocational programs, or other related academic programs, books for related course work, work related supplies, portfolios, tutoring supplies, bus passes, gas cards, and finger printing and TB tests are covered for work related requirements. 18. Describe how services will be made easily accessible to youth in Santa Ana. OCCTAC has long operational hours (8:30 am — 8:30 pm), and therefore, we can accommodate the different schedules of WIA youth. We are open in the evenings, and also in the weekends. In addition, OCCTAC's facility is strategically located close to bus terminals for the convenience of our families. There are many SAUSD schools in the vicinity, as well as easy access to public transportation. Students can take the bus or in some instances walk to the Center. Also, if needed, participants will be provided with bus passes and /or gas cards to facilitate access to training and work experience. In summary, our hours of operation, location, and wide variety of programs make our services very accessible to youth in Santa Ana. 19. Describe the services that will be offered to the youth participant during the 12 month follow- up period after exit? Indicate how participants will attain performance measures during the follow -up period. The OCCTAC staff will provide 12 -month follow -up services for "exited" participants. OCCTAC is committed to empowering transitional age youth with and without disabilities to reach their highest potential in life. WIA participants that exit the program will be encouraged to continue to participate in monthly Life Skills Training, monthly Support groups, individual counseling, as well as well as any other support services they may be in need of OCCTAC staff will be available to support participants, whenever needed. Exhibit A OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership C. Priority Services 1. Demonstrate how the program will include targeted youth groups: a) Foster and /or emancipated youth, b) Youth with disabilities, c) Youth on probation. a) Foster and/or Emancipated youth — OCCTAC already has a wonderful partnership with the Orangewood Foundation and the Orangewood Children's Home. Last year, OCCTAC co- enrolled participants with Orangewood to provide services to foster and emancipated youth. In addition, last year OCCTAC started a contract with Orangewood to provide therapeutic arts to youth living at the Orangewood Children's Home. Currently, we continue to provide these services and strengthen our partnership with Orangewood. This relationship gives OCCTAC the advantage of doing outreach and engaging new participants for our WIA program. b) Youth with Disabilities — This is a top priority for OCCTAC, provided that our mission is to serve youth with disabilities! In addition, OCCTAC has been partnering with the Santa Ana Unified School District, Transition Partnership Project (TPP) for the past 4 years to serve youth with disabilities exiting high school. (See letter of support from TPP in attachments section). In partnership with the SAUSD TPP, we meet regularly to discuss potential candidates for the program after they have exited high school, but lack the necessary skills to successfully transition in the labor force and need further education and training. Many of the participants referred are moderate to high functioning youth with disabilities, including: learning disabilities, autism, health impairments and others. c) Youth on Probation — OCCTAC will continue to co- enroll with OC Conservation and Taller San Jose and other partners in the community that serve youth on probation and provide the much needed services to this population. 2. Demonstrate how the program will include targeted projects: a) Job training programs that will prepare youth for green - collar careers b) Projects that attract and prepare youth for STEM (science, technology, engineering and mathematics careers, c) Projects that offer work experience. OCCTAC programs and services support the High Growth Training Initiative as identified by the US Department of Labor. Within the 14 -high growth industries identified, our participants will obtain training related to the Information and Technology field, Health related field, and the fields of Education (Science and Math). As the participants master their basic skills and commit to taking on new challenges, they will emerge from the program better prepared to accomplish both short and long -term employment goals. With this emphasis on STEM, the WIA participants will spend more time in the area of math, technology and health. OCCTAC is utilizing curricula to build core competencies to train workers; identify and disseminate career and skill information and increase the integration of community and technical college activities with industry and the public workforce system. Also, OCCTAC is interested in preparing youth for green- collar careers. OCCTAC is currently discussing an exciting opportunity to engage WIA participants with disabilities in the field of Horticulture. VSA, CA is a national organization that provides programming for youth with disabilities. In partnership with VSA, our agency would provide WIA participants training and work experience in the field of horticulture and nutrition. D. Program Timeline. Use a chart, timeline or other organization fonnat to show the sequence of events for the entirety of the program. Program Timeline Program Activities & Training Month 1 . Orientation of program and services with Case Manager Objectives: • Employability /Job Skills assessment with Case manager Program Overview, • Basic Skills /Academic levels assessment with Literacy and Numeracy tutor Assessments, Participant . Career interest assessment and survey with Career Counselor Goals . Determine Employment and Academic goals Exhibit A OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership Month 2 Initiate bi- monthly meetings with Case Manager to discuss goals and service Obiectives: needs of participants Educational Guidance, • Initiate weekly tutoring of Literacy and /or Numeracy skills Tutoring & Vocational 0 Initiate weekly short -term vocational training courses Training . Initiate social support group with other WIA participants and staff • Participants to receive monthly stipend Months 3 -8 . Initiate paid work experience —(Pay per hour) Objectives: 0 Initiate monthly Job /Life skills training or Leadership Groups Job Training & Work • Continue bi- monthly meetings with case manager to discuss progress Experience 0 Continue monthly meetings with Career counselor for academic guidance • Continue weekly Literacy and /or Numeracy tutoring • Continue monthly support group with other WIA participants and staff • Invite guest speakers for special workshops (every other month) Month 9 -12 • Continue bi- monthly meetings with case manager to discuss program goals, Objectives: and for intense employability skills and job search training Employability /Job Skills & 0 Continue tutoring, if necessary Job Search 0 Continue monthly life skills training • Continue monthly support group with other WIA participants and staff 2. Describe how the participant flow will occur. Include the following categories: Outreach /Recruitment/ Eligibility Determination: We currently have a strong relationship with the Santa Ana unified School District, Transition Partnership Project (TPP), and thus are able to successfully serve youth with disabilities exiting high school. In partnership with SAUSD TPP, we will insure to meet our enrollment goals by, or before, the end of the second quarter and that our participants will successfully attain their goals. Additionally, OCCTAC has established wonderful partnerships with Orangewood Children's Foundation, Santa Ana Work Center, and SIATech. Through these partnerships we are given the opportunity to also provide services to foster youth and HS dropouts. These partnerships help us with the advantage of recruiting new participants for our WIA program. OCCTAC will continue to strengthen and build new partnerships to insure that our enrollment goals are met while continue to provide additional support to our WIA participants. Lastly, OCCTAC will continue to conduct community outreach to promote our programs and recruit youth. These include the following: a) Expos & Fairs — OCCTAC participates in various community outreach events on a bi- monthly basis. These events aid in the promotion of our services and recruitment of youth. These events are staffed by the WIA staff. WIA participants are also encouraged to participate in these events as a way to gain leadership skills, work experience, and practice with public speaking; b) Referrals from Community Partners — OCCTAC has strong partnerships with Santa Ana Unified School District TPP, County of Orange, Santa Ana College, Orangewood Children's Foundation and others; and, c) Word of Mouth and new OCCTAC families —As families learn about our services they help promote our programs among other community members. Intake /Assessment: The Case manager will work closely with each WIA participant to assess and /or survey them in the following: a) Basic Skills /Academic Levels, b) Employability /job Skills, c) Career Training Skills. Assessments and /or surveys will be conducted prior to educational training and work experience placements. At intake, all participants will be given a TABE test to detennine the participant's Educational Functional Level in literacy/Numeracy. The TABE test will detennine the needs of the participants in both academic areas. Additionally, they will aid in the facilitation of the weekly tutoring sessions. As needed, OCCTAC will work with SAUSD Transitional Partnership Program to determine the Individual Educational Plan (IEP) for those youth with disabilities. Once TABE tests are given, Case Manager and Career Counselor will meet with each participant to assess and /or survey their employability and career training needs. These assessments and /or surveys will aid in the proper placement of career training and work experience. 75% youth enrollment benchmark: The Case manager will work closely with SAUSD Transitional Partnership Program, partner agencies, and other community leaders for referrals. OCCTAC's strong Exhibit A N OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership partnership with the SAUSD Transitional Partnership Program will aid in the proper enrollment of those youth with disabilities. The relationships established with our partners agencies and other community leaders will ensure that we meet our 75% youth enrollment benchmark by, or before, second quarter and that our participants will be successful in attaining their goals. Case Management: The case manager will coordinate and support WIA participant's activities along with other WIA staff members. The case manager will, at minimum, meet with each youth bi- monthly to monitor their progress, assist with supportive services, and provide job skills training (e.g. resume writing, interview skills, etc). These activities will ensure the success of the youth's goals by time of exit. Program Services: OCCTAC's success is built around the idea of community involvement, education and leadership. Our nurturing based center provides a wide range of classes and family involvement activities, such as parenting classes, support groups, family and /or individual counseling, financial literacy, Supportive Services and others. Our interdisciplinary and holistic model provides WIA participants with the opportunity to involve their parents, siblings and friends. All the programs we offer at OCCTAC incorporate youth and parent involvement and participation! Placement in Employment /Education: Those youth who successfully complete their training program are recommended and sometimes hired as tutors or teacher assistance to work in OCCTAC's Learning Academy or Wraparound programs. Additionally, OCCTAC will support youth with job readiness workshops, participation in job fairs, resume preparation, one -on -one job skills training, career coaching and referrals. All WIA participants will be paid for their "hands -on" job training in the placement site of their choice at OCCTAC program (e.g. Administrative Assistant, Arts programs, Learning Academy, etc.). During the last 4- months of the program, WIA participants will transition out of work experiences at the center and into job interviews and other opportunities in the community. The case manager will work closely with SAUSD TPP job developer, Santa Ana Work Center, Santa Ana business, and other community agencies to attain job leads for the youth. In partnership with Santa Ana College /Centennial Education youth will be encouraged to enroll into post- secondary education or a short-term vocational training program. In collaboration with SIATech Charter school (charter housed at OCCTAC), those youth who have not completed their secondary education will be encouraged to co- enroll. Services to improve Literacy/Numeracy: Participants will be provided with weekly assistance in Literacy and Numeracy on a one -on -one basis via the Literacy or Numeracy coaches. The coaches will review the TABE pre -test to determine student needs and establish specific goals for tutoring sessions. To insure that youth with disabilities are provided with the best service, the case manager and tutors will also work with SAUSD TPP to attain Individualize Education Plan (IEP) and accommodate tutoring sessions as needed. 12 - Month Follow -up after exit (Describe how you will continue to support youth during the follow up period. Discuss types of sources of support, services and frequency of contact with youth). The case manager will communicate monthly with the youth during the follow -up phase of the program. Youth will continue to receive employment assistance (such as resume updating, interviewing skills, etc.), academic support, mentoring, and incentives for goal attainment. Follow -up services will include: a) providing job placement and referrals, b) job retention assistance, c) communicating with employers of WIA graduates to ensure success, and d) work with Santa Ana Work Center and other business to help youth find jobs within the community. E. Goals /Objectives and Performance Levels. 1. How will your program meet the WIA performance goals listed below: a) 65 %- Placement in Employment or Education: The case manager and career counselor meet regularly with the WIA participants to ensure 65% of placements in employment or education. WIA staff meets with the participants at least two times a month on a one -on -one basis. During these meetings youth are provided with career guidance (e.g. educational programs, college application, FAFSA completion, etc.) and job skills training Exhibit A OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership (e.g. customer service, phone etiquette, etc.). Moreover, the case manager also assist youth with job leads, resume writing, interview preparation, and other job readiness skills. b) 61 %- Attainment of Degree or Certificate: OCCTAC currently offers 3 state certificate programs: Child Care Worker and Executive Secretary /Administrative Assistant program in partnership with Santa Ana College, and Mental Health Paraprofessional in partnership with the Santa Ana College and Pacific Clinics. Youth are encouraged to enroll into a certificate program of their choice. The WIA participants are also encouraged to enroll into other certificate programs with other institutions of collaborative partners in the community. By effectively providing these opportunities, OCCTAC is committed meeting the 61 % degree or certificate attainment goal. c) 40 %- Literacy Numeracy Gains: Our WIA Literacy and Numeracy tutors will meet with each participant at least one time a week upon the completion of the initial TABE assessment. Our agency's goal is that each youth increases by at least two Educational Functional Levels at time of post -test. By providing effective and individualized tutoring sessions we hope that our youth are able to increase their basic skills. In the past, OCCTAC has been successful in the attainment of these goals and thus is committed in continuing to assist participants with and without disabilities. 2. Please indicate last year's performance measures for your agency (applicable to recipients of WIA funds). Total Exited 21 % 1. Placement in Employment /Education 15/17 88% 2. Attainment of a Degree or Certificate 9/13 69% 3. Numeracy /Literacy 15/21 71% 3. Describe how you will monitor program activity and manage for performance. The TABE test will be used to determine the specific Literacy/Numeracy needs of the participants and how to navigate the tutoring sessions for each. OCCTAC will also work closely with SAUSD TPP to attain Individualized Education Plans for those youth with disabilities and determine how we can best accommodate them. This information will aid the Case Manager and other WIA staff in the determining effective placements for each youth and it will also provide a guide in their educational /academic goals. 4. How will continuous improvement to the program be measured and conducted? OCCTAC's WIA program will be measured in a variety of ways. First, WIA youth will be asked to complete "WIA program" and "WIA staff' evaluation forms at least twice during their participation in the program. This information will help OCCTAC determine areas that could be improved for future years. The staff will also meet weekly to discuss all WIA cases. The purpose of these meetings are to determine additional resources youth may benefit from, discuss educational progress, share job training opportunities, evaluate work experience progress, as well as discuss certificate options available, assessments, and other facets that will help provide a holistic program. WIA staff will also observe and document the development of the youth through constant communication with them and by providing them with job training opportunities. F. Facilities 1. State location where program services will be delivered (include cross streets). Most of the services will be provided at our current facility located between Main, Broadway, and Buffalo streets. The exception might be when the program requires interaction and support with partnering agencies and employment related opportunities. If participants have transportation challenges, we will assist them in finding alternate transportation, such as public transportation, and Metrolink. Students also will be assisted to obtain services through ACCESS which serves individuals with disabilities. Also, participants will be provided with bus passes by OCCTAC or the SAUSD TPP program staff to alleviate transportation challenges. Exhibit A 10 OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership 2. List hours of operation. Will facility be available during non - traditional hours? OCCTAC has long operations hours (8:30 am — 8:30 pm). Also, we are open in the evenings and in the weekends. Furthermore, the OCCTAC facility is located strategically close to bus terminals for the convenience of our families. There are many SAUSD schools in the vicinity, as well as easy access to public transportation. Students can take the bus or in some instances walk to the Center. Therefore, our hours of operations, location, and wide variety of programs make our services very accessible to youth in Santa Ana. The hours of operation for OCCTAC are as follows: Days Monday Tuesday Wednesday Thursday Friday Saturday Sunda Hours 8:30 a.m. - 8:30 p.m. 8:30 a.m. - 8:30 p.m. 8:30 a.m.- 8:30 p.m. 8:30 a.m. - 8:30 p.m. 8:30 a.m. - 8:30 p.m. 8:30 a.m. - 5:00 p.m. Closed 3. Describe what makes your facility youth friendly and suitable for the proposed activities /services. OCCTAC has been in operation for 12 years providing many services to the Santa Ana community. Our programs prioritize on youth. Therefore, our agency is a perfect environment for youth to feel nurtured, comfortable and in a friendly environment! OCCTAC is a perfect environment that is suitable for the proposed WIA services. 4. How will your agency assist youth in accessing your site if not within City of Santa Ana? Most of the services that WIA participants receive are at our community site or in the City of Santa Ana. However, if services are not within the City of Santa Ana boundaries, OCCTAC will provide WIA participants assistance with transportation. As stated above, if participants have transportation challenges, we will assist theirs in finding alternate transportation, such as public transportation, and Metrolink. Also, students with disabilities will be assisted with ACCESS services, or provided bus passes. 5. Is the facility compliant with the Americans with Disability Act (ADA)? Base your answer on completion of ADA/EEO Survey (see attachment F). Describe corrective action plan if necessary. Yes! The facility is accessible and compliant with all ADA guidelines and regulations. 6. Discuss how Internet access will be available to program staff. List computer programs /applications used by agency staff. OCCTAC provides internet access to WIA program staff, as well as to all WIA participants. Technology is an essential component of our program since many older youth are highly interested in careers involving technology. All WIA participants have access to our computer lab, as well as to those located in the WIA offices, where the staff is available to assist them. Currently, we use the Microsoft Office Suite, including Word, Power - point, Excel, PageMaker, Photoshop and Imperisoft, a web -based registration system for student registration, attendance and other software programs. 7. Describe how adequate staffing will be maintained to ensure success of this program. OCCTAC has been providing WIA services since the year 2005. Every year our agency continues to expand the level of services we provide to WIA youth and ensure success of our program, by adequately staffing our program and creating successful partnerships in the community to provide greater opportunities for WIA participants. We are very proud of our accomplishments and the accomplishments of our WIA youth! II. ABOUT YOUR ORGANIZATION A. Qualifications 1. Discuss the current number of full -time and part -time personnel employed. OCCTAC is staffed by highly qualified bilingual staff, including: credentialed teachers, artists, therapists, counselors certified to provide services to youth with and without disabilities. There are 5- Full -time staff and 45- Part-time staff who are employed in various classes and programs at the Center. Exhibit A 11 OC Children's Therapeutic Arts Center 2012 -13 proposal Narrative for YSPN Membership 2. Indicate average annual operating budget and sources of revenue. The average annual operating budget for the OCCTAC is $800,000. OCCTAC's sources of revenue come from a variety of sources, including: grants, fee for service, private donations, public donations, and fundraising. In addition, OCCTAC has several important contracts with the County of Orange, Social Services and the County of Orange, Health Care Agency. 3. How long has your organization been serving Santa Ana youth? OCCTAC has been serving Santa Ana youth since the year 2000. For the past 12 years, OCCTAC programs have served both at -risk youth and youth with disabilities. Our variety of programs integrate youth with and without disabilities in a nurturing, community -based environment that teaches respect, cultural diversity, disability awareness and full inclusion. 4. What kind of impact has your services made to the youth in the community? The Center has had a tremendous impact on Santa Ana youth and their families. It is a catalyst for change and provides students and families access to wonderful educational, therapeutic, and job training programs! As stated before, OCCTAC is committed to empowering youth with disabilities and at -risk you to reach their fullest potential in life. Through our innovative approach which combines the arts, education, health and technology programs, participants are motivated, engaged and involved in a variety of programs at OCCTAC. 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. During the last couple of years, our WIA participants have attained employment /entered education at a rate of 88 %!; attained certificate /credential at a 69% rate, attained Literacy and Numeracy gains at a rate of 71%. This year with our 3 state certificate programs, we project that WIA participants will have even higher performance goals for certificate/ credential performance rates! Please see tables 3 and 5 for a description of OCCTAC programs. WIA participants that enroll with OCCTAC have a wonderful opportunity to choose from a variety of fields, such as: health, education, arts, technology, and more! Furthermore, as stated previously, our agency also offers 3 state certificate programs in partnership with the Santa Ana College and Pacific Clinics the Executive Administrative Assistant Certificate program, the Mental Health Paraprofessional Certificate program, and the Child Care Worker Certificate program. 2. What kind of experience do you have in incorporating parents, youth and employers into your programs? OCCTAC has 12 years of experience incorporating parents and youth into our programs. Parent involvement and participation is a key mission at our Center. Since our inception, OCCTAC has integrated parents into all of our programs, including our early start program, the after - school classes, during parenting classes, support groups, counseling and others. OCCTAC has operated youth programs for the past 12 years and WIA programs since the year 2005. 3. Describe how staff will receive training and ongoing staff development to increase staff capacity and expertise in the field of youth development and employment. The OCCTAC staff participates in on -going training during the year, including implementing new academic curriculum and materials, documenting student growth, Child Abuse identification and reporting, and other important topics related to youth development and employment. 4. List the positions dedicated to this proposal. Include a description of duties and time allocation for each responsibility. Executive Director—Dr. Ana Jimenez -Hami is the Founder and Executive Director of OCCTAC. She earned a doctoral degree in the fields of Educational Psychology and Special Education with an emphasis on the language and literacy development of exceptional children. She is also a part-time faculty at Chapman University in the school of Education. Dr. Jimenez will be responsible for supervising the WIA staff and ensure the success of the program, as well as monitoring the budget and overall program goals. Time allocation for this program is 10% - this is not a WL4 funded position. Exhibit A 12 OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership Accounting Clerk – Veronica Maldonado has been working at OCCTAC for one year. Prior to working at OCCTAC, she worked at Digital Spectrum Solutions for 9 years as an accounting clerk and and 3 years at Towne Inc. Her 12 years of experience in Accounting including; Accounts Receivable, Accounts Payable, and $12.OM Accounts reconciliations, Mass Merchant experience: price protection, marketing and co -op program monies, RTV deduction, research analyze & problem solving payment data issues. MAS90, EDI, and QuickBooks accounting software experience. She is flexible and reliable and able to work in a fast paced environment. Veronica is currently attending Santa Ana College pursuing an Accounting Degree. Time allocation for this program is 30% - this is not a WIA funded position. WIA -Case Manager - Dolores Lopez has been part of the OCCTAC family since October 2011. Although she recently joined our team, she has worked with Workforce Investment Act programs since 2009 through her employment with the City of Santa Ana. Additionally, she has extensive knowledge working with students in the primary grades by providing tutoring services, substituting, and aiding teachers in classroom settings. Her undergraduate coursework includes a degree in Liberal Studies (Magna Cum Laude, May 2009) as well as multiple- subject teaching credential with BCLAD certification (Summa Cum Laude, May 2011) from Chapman University. Dolores believes that every child, regardless of socio- economic status, has the potential of becoming successful in life. She strives in providing at -risk youth with the tools needed so they can better reach their career goals. Dolores hopes to continue with her academic growth by enrolling into graduate school to attain her M.A and PhD in Education Leadership. Time allocation for this program is 100 %. See budget narrative. WIA –Case Manager Assistant – if approved this person will be hired part -time to assist the Case Manager. Career Counselor — Elivet Brito is our current WIA Career Counselor. She earned her Masters' of Science in Counseling from California State University in May 2011, and previously received her Bachelor of Arts in Psychology with an emphasis in Child & Adolescent Studies Magna Cum Laude. Elivet has worked at the Orange Children's Therapeutic Art Center since 2007. Time allocation is 37.5 % - see budget narrative. Literacy Tutor /Coach - Nasrene Hosseini is our current WIA Literacy coach. She graduated from the University of California, Irvine in 2010 with a Bachelor's degree in Biological Sciences. During her undergraduate studies, she participated in the CalTeach Program seminar and internship -based course allowing her the opportunity to teach inquiry -based science lessons in middle and high schools within the Santa Ana Unified School District (Sepulveda Elementary and Mendez Fundamental Intermediate School). Through the program she was able to learn the basis for quality instruction and how to modify instruction for English Language Learners. Following her graduation, she went on to earn a single subject teaching credential in Biology and is currently working to complete a Master's degree in teaching. Coursework that proved to be relevant to her current tutoring experiences involved an emphasis on instructing in a culturally relevant manner, remediating reading deficiencies, and explicitly instructing academic literacy regardless of content area. Time allocation for this program is 50% - see budget narrative. Math Tutor /Coach - Penelope Tesseris extensive knowledge in the field of education has given her the opportunity to work effectively with the WIA participants in Numeracy development. She attained a multiple - subject teaching credential with CLAD certification from Argosy University. In conjunction to her academic background, she has worked with the Long Beach Unified School District since 2007 as a substitute and a middle school Math & Science teacher for about 2 1/2 years. Penelope believes that every student has an inner goal (sometimes unidentifiable to them) and that it is her duty to aid them in the exposure of these goals through academics and encouragement. Penelope's personal merit is to continue her teaching profession while assist students climb steps toward their academic success. Penelope has worked at OCCTAC since 2007. Time allocation for this program is 25% - see budget narrative. Arts /Technology Mentor - Sean O'Neill is the graphic design instructor for the WIA program at OCCTAC. Sean started out as a volunteer for OCCTAC in 2004 and shortly after that began teaching illustration, graphic Exhibit A 13 OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership design, and cartooning classes to at -risk youth. Sean has worked for various medium to large corporations and agencies as a graphic designer and web designer. He has also worked as a freelance designer producing designs for companies such as Sony, CHOC Hospital, and US Bank. In 2001, Sean received his art degree from Platt College of Design. He then went on to get his Bachelor's Degree at Vanguard University in Costa Mesa in 2009. Sean is currently in his final year of obtaining his Master's Degree in Counseling from Cal State University, Long Beach. Sean hopes to use this degree to continue to help youth or others less fortunate. Time allocation for this program is 25 % - see budget narrative. C. Fiscal Capacity 1. Describe the process used to capture and report fiscal data. All invoices or vendor statements will be initialed by the Executive Director prior to signing the check to pay that bill or invoice. After checks are printed and signed, the accountant shall mark "Paid" with the date of payment and check number utilized for payment. All disbursements shall be reviewed and approved by the Executive Director. A monthly review of all disbursements shall be conducted by the Accounting clerk and reviewed by the Executive Director and the Finance Committee for verification of accuracy, documentation and appropriate approval. The Executive Director shall be authorized to expend funds as approved by the Board of Directors under the organization's annual operating budget. 2. Attach a copy of the organization's procurement policies and procedures. See attached documents. 3. What systems are used to ensure fiscal accountability and appropriate expenditures, and planned costs? All requests for reimbursement shall be reviewed and approved by the Executive Director and OCCTAC Board of Directors. All reimbursements are subject to budgetary limitations as established in the organization's approved operating budget. No reimbursement shall be made without appropriate backup documentation (i.e. Receipt or comparable document stating purchase description, date, place and amount of sale and of the specific reimbursable item). Accounting Method: OCCTAC utilizes an accrual -based account methodology. Revenue and expenses shall be recorded in the month that they were incurred or earned as opposed to the month that the cash is paid out or received. Cost Allocation Method: Costs shall be allocated using the Direct Cost Allocation Method (OBM Circular A- 122). OCCTAC shall classify each item to a specific program, department, site, grant or contact that it directly relates to. Indirect expenses like general administration and general expenses shall be allocated based on the allowable budgeted portion of each program with the remaining portion to the center's administrative category. OCCTAC shall produce financial reporting for each of the Center's program functions. In consolidation, these programs shall make up the overall financial position of OCCTAC. All transactions (Payments and cash receipts) that occur at the center shall be classified under identified categories and programs. When program funding is split between two or more sources, the cost allocation for this program shall conform to the budget allocations established in the program. Budgets: Under the guidance of the Finance Committee and prior to the beginning of each fiscal year, the Executive Director prepares an Operational Budget, including Program Budgets. Tuition fees, Service fee rates, etc., shall be approved by the Board. Any gifts (monetary or otherwise) resulting from fund- raising activities, solicitations and acceptance of gifts or contributions that are presented with restrictions of use shall be approved by the Board of Directors and submitted to the finance committee to verify the appropriate method of accounting and reporting. Receivables: Receivables shall be aged monthly and delinquent accounts shall be followed up for collection. Receivables from miscellaneous sources shall be reviewed periodically by the Treasurer and significant amounts shall be reported to the Board of Directors. All write -offs shall require approval from the Finance Committee prior to implementation. The Board shall review all write -offs from uncollectible accounts receivables. Deposits and Receipt of Monies: Deposit of monies are made on a weekly basis, or whenever more than one thousand dollars (in either cash or check) has been received and recorded by the OCCTAC office. All items to be deposited are and shall be stamped "For Deposit Only" to the Account of OCCTAC with the appropriate Exhibit A 14 OC Children's Therapeutic Arts Center 2012 -13 Proposal Narrative for YSPN Membership bank account number. A deposit form for established OCCTAC accounts shall be completed with deposit slip details for cash or multiple checks. A copy of the deposit form, slip and all items to be deposited shall be made for accounting purposes and upon completion of the deposit attached to the deposit slip and turned into the accounting revenue in -box. To ensure appropriate financial controls, the individual making deposits shall not be the same person reconciling the OCCTAC account. All funds received shall be recorded in the accounting system and filed in the locked accounting file cabinet. Disbursements: All disbursements are and shall be made by checks drawn on the established operating checking account for the OCCTAC. All disbursements shall utilize pre - numbered checks used in sequence. Any and all "voided" checks are and shall be mutilated and notes on the voided check stub. At no time shall disbursements be made to "bearer" or to "cash ". All banking materials, records, blank checks, and deposit books are and shall be maintained in secure cabinets in the OCCTAC office under the supervision of the Executive Director and Accounting clerk. Only those individuals authorized to handle check stock as their part of their accounting duties for OCCTAC account shall have access to these banking materials. Disbursements shall be prepared from original invoices. Each disbursement shall require submission of a purchase request form and appropriate backup documentation. Invoices shall be date stamped upon receipt and marked "approved for payment." Reconciliation of Accounts: All OCCTAC bank accounts are reconciled monthly. A monthly review of all accounts and financial reports are prepared by the Board Treasurer or designated Finance Committee Member. Files and Records: OCCTAC shall maintain hard copy files for all operational and business transactions that occur. Files shall be separated into the following categories: a) Accounting records, b) Grant documentation, c) Tax filings; Donors, d) Legal /Insurance /License /Permits, e) OCCTAC Programs, f) Personnel documents and files, g) Vendor and Client contracts and other documents. OCCTAC maintains electronic and hardcopy records of all accounting transactions and financial reporting. All electronic records are be copied and stored in a secure, off site location or in a web based file storage system, which is the server. All financial and accounting hardcopy files are stored in secure -- lockable file cabinets. Requests for financial documentation get processed through the accounting staff i.e. copy of original document. Original financial documentation remains in the file /s cabinet at all times. 4. Describe invoicing process and list qualifications of staff assigned to task. OCCTAC accounting clerk creates monthly WIA invoices to submit to the City based on expenses incurred during the month. After the Coordinator and the Executive Director review and approve the program expenses, the Accounting clerk enters the data from the participants' stipends and /or time sheets, program staff as well as related expenses into the accounting system to generate an invoice. The invoice will be on the appropriate form provided by the WIA Contract and submitted for reimbursement. 5. Describe how agency's financial stability is not dependent on WIA funds. The Orange County Children's Therapeutic ARTS Center has a variety of funding sources: (1) contracts, (2) grants, (3) donations, (4) fee for service, and (5) fundraising. The most important sources of funding for OCCTAC continue to be contracts and grants. OCCTAC continues to maintain current contracts, as well as enter into new contracts with key community partners. This year, OCCTAC stared a new contract with the County of Orange, Health Care Agency to provide prevention and family wellness programs. We anticipate a steady revenue increase, as we continue to grow this year with our new county partners. In addition, and as part of the OCCTAC's long -term sustainability plan, the Executive Director and our board of directors have agreed to continue to diversify OCCTAC's funding sources by focusing some more on (1) donor solicitation, and (2) social enterprise ventures. 6. Submit most recent 2 years of audited financial statements (see attachment G). — Please see attachments for 990's. 11I. COST REASONABLENESS - A. & B. Budget and Budget Narrative — Please see Attachments. IV. ATTACHMENTS - Please see Letters of Support and other program forms. Exhibit A 15 Attachment B YSPN MEMBER PERFORMANCE PLAN 2012 -2013 WIA YOUTH POPULATION Youth Population Ages # of Youth to be Served In- School 16 -21 0 Out -of- School 16 -21 25 --7— TOTAL NUMBER OF YOUTH TO BE SERVED ___1 25 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 75% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER- DECEMBER 31, 2012) Quarter # of Enrollments Estimated Expenditures per Quarter per Quarter 1st 10 $43,750 2° (75% Enrollment Required) 15 $43,750 3r 0 $43,750 4th 0 $43,750 TOTAL 25 $175,000 PERFORMANCE GOALS /COMMON MEASURES *DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE /DECREASE DEPENDING ON YOUTH POPULATION Performance Category Total # of Youth Multiplied Minimum # of youth to fulfill by Performance Rate performance Placement in Employment OR Placement in Post - Secondary Education 25 x 65% = 16 (by Exit or 1st Quarter Follow -Up) Attainment of Degree or Certificate (by Exit or by 3rd Quarter Follow -Up) 25 x 61% = 15 Improved Literacy OR Numeracy 25 x 40% = 10 Exhibit B COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA Il►:1 Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C Table of Contents Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 3 3 1. Policy Statement 3 2. Civil Rights 9 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints II. General Procedures for Handling Non - Criminal Violations of the Act, III. Procedures for Handling Complaints at the LWIA Level a 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 2 EXHIBIT C 20 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. 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 4 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: EXHIBIT C 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 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: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the 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. 7 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; s 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 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. 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. io 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 a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 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). ss EXHIBIT C PROCEDURES FOR HANDLING _NON-CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWIAs o Informal Resolution Process o Unsatisfactory Decision or LWIA Decision not issued within 60 days w 0 a � 0 � o a Request for State Review o 0 a Governor's Decision issued by State Review Panel o 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. 1s EXHIBIT C PROCEDURES FOR HANDLING HANDICAP COMPLAINTS � No later than 180 days of alleged discrimination Filed within 30 days of LW IA /State Decision or 90 days from date of initial filing of complaints If no resolution reached Unsatisfactory Decision or No Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C Day 1 Day 145 Day 60 Days 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 Vl, 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. Orange County Children's Therapeutic Arts Center Santa Ana WIA Youth Program Grantee /Contractor Organization Program Title Signature Dr. Ana Jimenez -Hami Name of Certifying Official Signature *2MWW91 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (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. 0 C L ' A C, Dated: July 1, 2012 Program Operator EXHIBIT E DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Katharyn Bandoni Name of Contractor: Orange County Conservation Corps Contractor Number: Date: July 1, 2012 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): 1853 N Raymond Ave, Orange County, Anaheim CA 92801 EXHIBIT E Attachment E 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 16, 1988, Federal Register (Pages 19160- 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee /Contract r Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee � Date Exhibit F 34 JALW1,1111MIA 1- BUDGET FORM 2012 -2013 *See Budget Form Instructions Exhibit G Administrative Program Total WIA Match /In Kind No more than 10% allowed. Personnel Salaries* Ex Director 1. Case Mgr. 1.0 FTE 11 months $35,200.00 $35,200.00 $10,000 $20. per hr 40 hrs per wk 2. Case Mgr. Assistant 10 months $9,000.00 $9,000.00 Acct. Clerk $12,000 $15. per hr 15 hrs per wk 3. Arts Instructor /s 10 months $7,200.00 $7,200.00 Office Mngr. $18. per hr 10 hrs per wk $10,000 4. Math Coach 10 months $7,200.00 $7,200.00 $18. per hr 10 hrs per wk Program Staff 5. literacy Coach 10 months $10,800.00 $10,800.00 $20,000 $18. Per hr 15 hrs per wk Computer Instruct 6. Career Counselor 10 months $10,800.00 $10,800.00 $20,00 $18. Per hr 15 hrs per wk $72,000 Benefits* 1. Case Mgr. 12.5% $4,400.00 $4,400.00 2. Case Mgr. Assistant 12.5% $1,125.00 $1,125.00 $8,500 3. Arts Inst. 12.5% $900.00 $900.00 4. Math Coach 12.5% $900.00 $900.00 5. Literacy Coach 12.5% $1,350.00 $1,350.00 6. Career Counselor 12.5% $1,350.00 $1,350.00 Total Personnel $90,225.00 $90,225.00 $80,500 Operating Expenses Rent or user fee* 6,000.00 6,000.00 78,000.00 Utilities 2,000.00 2,000.00 10,000.00 Phones 800.00 800.00 8,000.00 Internet fees See phone Parking fees NA Security NA Maintenance 4,000.00 Insurance 1,000.00 1,000.00 3,000.00 Equipment rental fees* Vehicle lease* NA Office expenses 500.00 500.00 10,000.00 (consumables) Accounting Services 500.00 500.00 8,000.00 Legal services NA Auditing services 2,000.00 Indirect costs* NA Staff training 1,500.00 1,500.00 NA Staff travel /mileage 200.00 200.00 NA Participant Wages* 63,000.00 63,000.00 NA Support services* 9,275.00 9,275.00 Bus Passes Fingerprinting /TB Test Work Related- Supplies /books portfolios/Conference/other Participant Incentives* NA Other (list)* NA Total Operating Expenses $10,500.00 $74,275.00 $84,775.00 $123,000.00 GRAND TOTAL $10,500.00 $164,500.00 $175,000.00 $203,500.00 (Total Personnel +Total Operating Expenses) *See Budget Form Instructions Exhibit G WIA 2012 -2013 Grant OCCTAC-- Budget Narrative Personnel $90,225.00 Case Manager - -100% FTE for 11 months: $39,600 (Benefits Included) 40 -hours a week 11 months @ $20.00 per hour The Case Manager will work 40 hours a week for 11 months providing: recruitment & intake, assessment, documentation & case notes; identify barriers and goals; monitor progress & goals; meet regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network and youth council meetings; organize and attend OCCTAC -WIA Staff Meetings and document input; organize related activities. Case Manager Assistant - -100% FTE for 10 months: $10,125.00 (Benefits Included) 15 -hours a week 10 months @ $15.00 per hour The Case Manager Assistant will work 20 hours a week for 10 months providing: recruitment & intake, assessment, documentation & case notes; identify barriers and goals; monitor progress & goals; meet regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network and youth council meetings; organize and attend OCCTAC -WIA Staff Meetings and document input; organize related activities. Arts /Technology Instructor PTE for 10 months: $8,100.00 (Benefits Included) 10 -hours a week for 10 months @ $18.00 per hour The respective position will be responsible for providing educational and career training to all WIA participants as it relates to the arts and technology emphasis; mentoring and assisting participants with related work experience placement; observing and monitoring participants with technical /artistic skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Literacy /Instructor PTE for 10 months: $12,150.00 (Benefits Included) 15 -hours a week for 10 months @ $18.00 per hour Position/s is responsible for assessing the literacy and basic skills of all WIA participants; teaching WIA participant's learning and literacy strategies; monitor & document literacy progress throughout the program; meeting regularly with WIA participants and attend regular team meetings. Exhibit G WIA 2012 -2013 Grant OCCTAC -- Budget Narrative Math Coach /Instructor PTE for 10 months: $8,100 (Benefits Included) 10 -hours a week for 10 months @ $18.00 per hour The respective position will be responsible for assessing the numeric and basic skills of all participants; teaching WIA participant's learning and mathematical solving strategies; monitor & document providing educational and career training to all participants as it assisting participants with related work experience placement; observing and monitoring participants with technical skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Career Counselor PTE for 10 months: $12,150 (Benefits Included) 15 -hours a week @ $18.00 per hour The respective position will be responsible for providing educational and career training to all WIA participants; mentoring and assisting participants with related work experience placement; observing and monitoring participants with technical /artistic skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Participants WaLyes $63,000.00 Training Stipend. (Out -of- school youth) 25 participants First 20 hours: participants given $150.00 stipend to participate in program. Second 20 hours: participants given $150.00 stipend to participate in program. After Stipends completion, Months 3 -9: participants paid $8.00 per hr for on-the-job training (10 hrs a wk). Supportive Services $ 9,275.00 Bus Passes /Gas Voucher: As needed for 25 participants $5,350.00 Funds are allocated for youth who are in need of transportation related support. Fingerprinting /TB Test: As needed for 25 participants $1,300.00 Funds allocated for Dept. of Justice Clearance & TB Test for employment. Work Related Supplies: As needed for 25 participants $1,313.00 Work related and skill building tools, books, academic supplies, portfolios, items needed for job interviews. Academic Support. As needed for 25 —participants $1,312.00 Tuition Support for Certificate or other related academic programs; books for related course work; tutoring supplies Exhibit G Attachment D Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. 1 am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. 1 ' We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: ecords accurately reflect actual performance. fReporting aintain record confidentiality, as required. financial, participant, and performance data, as required. omply with State and Federal fiscal and program activity audits. GMComplying with Federal and State non - discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990. (submit attachment F) Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00 policy. ��jAgree to provide all participants with Grievance Procedures. G&Agree to insure proposer's employees through Workers Compensation Insurance (including part -time employees) Procurement policies and procedures are in place and meet federal guidelines. We will not: Place a youth in a position that will displace a current employee. ceUse WIA money to assist, promote, or deter union organizing. AUse funds to employ or train of persons in sectarian activities. ZUse funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. Ocuse WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ,rARJUse WIA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIA. (Use WIA money under this contract to purchase any equipment. I hereby assure that all of the above are true. 0", C " ,, 14 IE %K­_ c . b � Ve C �OY2° 3— 5 — D- O 1 �- Name Title Date Exhibit H 33 V CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04 -14 -2012 THE CITY OF SANTA ANA 1000 E SANTA ANA BLVD STE 200 SANTA ANA CA 92701 -3900 SP V2- 1)2 -��' GROUP. 000567 POLICY NUMBER: 0000772 -2011 CERTIFICATE 1D: 23 CERTIFICATE EXPIRES: 04 -14 -2013 04- 14- 2012/04 -14 -2013 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ►' tl/►� FA4fysl- Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 112065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -14 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ORANGE COUNTY CHILDREN'S THERAPEUTC ARTS 2215 N BROADWAY SANTA ANA CA 92706 VNIQ ��SP ��ity At�.orn y AsS�S,�ant i� SP M0408 PRINTED : 03 -17 -2012 (REVS -2010) SP o DATE (MMIDDIYYYY) ORD AC,,, CERTIFICAT�' 7F LIABILITY INSURAN "E 01/13/2012 PRODUCER 714.838.1912 FAX 714.338.7568 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lake Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 653 South B Street, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lic #0747473 INSURERS AFFORDING COVERAGE NAIC # Tustin, CA 92780 INSURED Orange County Children's Therapeutic Art Center INSURERA: Philadelphia Insurance Co. 2215 N. Broadway INSURER B: Santa Ana, CA 92706 INSURER C: INSURER D: INSURER E: COVERAGES THE ANY MAY POLICIES. INSR INSR POLICIES OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY DD' TYPE OF INSURANCE GENERAL LIABILITY HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER DOCUMENT BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID POLICY NUMBER PHPK794249 NAMED ABOVE WITH RESPECT IS SUBJECT CLAIMS. POLICYEFFECTIVE 12/21/2011 FOR THE POLICY TO WHICH TO ALL THE TERMS, POLICY EXPIRATION D 12/21/2012 PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2 , 000 , OOO GEN'L AGGREGATE LIMIT APPLIES PER: T X LOC POLICY jE� AUTOMOBILE LIABILITY PHP K794249 12/21/2011 12/21/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ A SCHEDULED AUTOS X HIREDAUTOS rX AST 'v �� BODILY INJURY (Per accident) $ NON -OWNED AUTOS _ ^� ROvV iQr{+ `OR � ` p`t �I S �t City �SSIS {, a ,L `` O PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ $ GARAGE LIABILITY ANY AUTO EA ACC OTHER THAN AUTO ONLY: AGG $ $ EACH OCCURRENCE $ EXCESSIUMBRELLA LIABILITY OCCUR FI CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ _ _ _ __ _ WC STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT _ $ E.L DISEASE - EA EMPLOYEE $ ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under - SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ PHPK794249 12/21/2011 12/21/2012 Incident Limit: $1,000,000. Aggregate Limit: $2,000,000 OTH Professional Liability A DESCRIPTION Certificate Abuse This OF OPERATIONS I LOCATIONS 1 VEHICLES Holder is Named as & Molestation is included Insurance Shall be Primary I EXCLUSIONS ADDED BY ENDORSEMENT Additional Insured per with General Liability and Non- Contributory I SPECIAL PROVISIONS Form CG 20 , $25,000 but Only in 26.07 04 Attached Each Incident the Event ► and $50,000 Aggregate of the Named nsured's *Except Sole Negligence per 10 Days Notice of Cancellation Attached Endorsement for Non - Payment of Premium ICATE HOLDER ^'" "" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Its officers, Employees, Agents, Volunteers *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, and Representatives - WIA BUT FAILURETOMAILSUCHNOTICE HALL IMPOSE MO-.06LIGATION�ORLIABILITY Attn: Julie Castro - Cardenas 1000 E Santa Ana Blvd #200 OF ANY KIND UPON THE INSURER, 1 S NTSJOR R PR AT ES, Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) FAX: 714.565.2602 ©ACORD CORPORATION 1908 . POLICY NUMBER: PHPK794249 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHAUGES THE POLICY. PLEASE READ-IT CAREFULLY. ADDITIONAL INSURED'® CONTROLLING INTEREST . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE , Name. of Person or Organization: City Of Santa Ana (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.). 1. WHO IS AN INSURED (Section II) is amended to a. Their financial control of you; or include as an insured the person(s) or organiza- b. premises, they' own, maintain or control while tion(s) shown in. the. Schedule, but.only with re- lease or occupy these premises. spect to their liability arising out of: 2. This insurance does not- apply to structural altera- tions, new construction and demolition operations performed by or for that person or organization. AS To FORM APPAOVRD , ..: . LISA �. STORGK Assistant City Attorney . CG 20 06 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 PI- MANU -1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Primary wording - City of Santa Ana ADDITIONAL, INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. t SCHEDULE Name of Person or Organization: City of Santa Ana (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as" applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured .but only with respect to liability arising out of your operations or premises owned by or rented to you. THIS INSURANCE IS PRIMARY AND NOT CONTRIBUTING WITH ANY OTHER INSURANCE OR SELF - INSURANCE CONTRACT OR POLICY. .APPROVE TO FORM LISA E. STORCK Assistant City Attorney All other terms and conditions of this Policy remain unchanged. Page 1 of 1