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HomeMy WebLinkAboutTALLER SAN JOSE (5) - 2012 City of Santa Ana - 'J1: Clerk of the Council r 7!lfl.\4-4 AGREEMENT TERMINATION FORM COTC Office Use Only f Please complete this form when the attached agreement and all amendments (if any) are no longer in effect.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 1&L2520 if you have any questions. `` I l The agreement with No. 4''"W1R 'AA'''. was on completed p (of 3010 and final payment has been made. (List all amendments. Use space below if needed.) Department: CDA 1010c- Phone/Ext.: )( I R Signature: cir:X710.""nimo°11.mb Date: bitkk‘S( Revised 04-12-10 A- 2012 -127 INSURAkl: 1VICN! FILE WORK MAY Al CLERK OF OLtiq I! DATE: JUL 12 6 2012 Contract No. AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this ls` 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 Taller San Jose, 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 l 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 InvoiceNoucher on CITY's InvoiceNoucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of the month 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 $126,795.00 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 1551) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) common measures for youth: (a) Placement in employment or education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. 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 9 of 15 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; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, Page l 1 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: Taller San Jose 801 N. Broadway, Santa Ana, CA 92701 Phone: (714) 547 -5468 Fax: (714) 564 -9690 Attn: Shawna Smith 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: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney BY:41 Lisa E. Storck Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" By: Paul Walters City Manager Taller San Jose "CONTRACTOR" Shawrfa Smith Executive Director Tax ID #: 59- 3816355 Page 15 of 15 Attachment A (Cover Page) PROPOSER APPLICATION Agency Legal Name Taller San Jose r` Agency DBA James Irvine Program Name Workforce Training for At -Risk Youth Agency Address 801 North Broadway .,'�tA\y -t F\U �_ Contact Person & Title Shawna Smith Email ssmithOtallersaniose.ore Telephone # 714- 543 -5105, x109 Fax # 714 - 543 -5032 Federal ID Number 59- 3816355 AGENCYSTATUS Public Non - Profit Cedar Corpor ation James Irvine Private Non - Profit x Years in O eration? 1771 Foundation Private for Profit Foundation Govermnent 8:30 — 5:00 Other 8:30 — 5:00 PRIMARY FUNDING SOURCES Funding Source Cedar Sisters of St. James Irvine California REDF Saturday Foundation Joseph Foundation Wellness 8:30 — 5:00 8:30 — 5:00 8:30 — 5:00 Adult Mentoring for the period of participation and a subsequent period, not less than 12 months x Foundation x Amount 1 $225,000 $282,936 $125,000 $165,000 $250,000 HOURS OF OPERATION AND DAYS Days Monday Tuesday Wednesday Thursday Friday Saturday Sunday Hours 8:30 — 5:00 8:30 — 5:00 8:30 — 5:00 8:30 — 5:00 8:30 — 5:00 Adult Mentoring for the period of participation and a subsequent period, not less than 12 months x 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 Alternative secondary school services, as appropriate 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 x Younger Youth Out -of- School x In- School # of Youth to be Served in 2012/2013 120 1 Total WIA Funds Requested 1 $126,795 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 s r Exhibit A 7 -;'0-1 -Date !f r I. About the Program A. Executive Summary Taller San Jose seeks a grant of $126,795 to recruit and train 20 out -of- school Santa Ana youth with the skills needed to find employment in the allied health, general office and construction fields. Ten percent of the youth trained will be either: 1) foster or emancipated youth; 2) youth on probation; or, 3) youth with disabilities. Taller San Jose (St. Joseph's Workshop) walks undereducated, unskilled and unemployed young people (ages 18 -28) out of poverty through job training that offers the hope of a productive and self - reliant future. Young people in Santa Ana, who have not completed high school, who have no defined job skills, and who have criminal records, face a number of significant obstacles. Taller San Jose addresses these barriers to employment or academic achievement through intensive classroom instruction, hands -on training, and effective adult mentoring. It is a highly focused, goal- oriented program that challenges its participants to build a foundation for future sustainability. Through intensive job- training efforts in office careers, medical careers, and construction, youth acquire essential hands -on skills while learning how to adhere to basic employment principles such as: showing up on -time and as scheduled, working as team members to complete assignments, keeping work areas clean, safely using all tools and equipment, and properly filling out time cards. Taller San Jose challenges students to complete the following seven goals: obtain a high school diploma; open and use a bank account; enroll in a computer class; find a job paying above the minimum wage; remain crime free; register to vote; and obtain a valid driver's license. Trainees are also provided 24 months of support services that include mentoring and counseling, legal assistance and job placement. The more than 200 youth who attend Taller San Jose annually reflect the following profile: Ethnicity: 72% of youth are Latino, 13% are Caucasian, 7% Asian, 3% African American and 5% Other; Age: Youth between the ages of 18 and 28; Court - involvement: 59% of male students are on probation or parole; Education: 65% are deficient in basic skills; 38% did not complete high school; Job experience: 77% are unemployed. 37% have never held a job; Family profile: 22% of female students and 17% of male students are parents. Long -term life changes for Taller San Jose graduates include: 92% of students are not arrested for violent crime as long as 3 years post - graduation; and, 70% of graduates move on to full -time employment beyond minimum wage or to community college or apprenticeship. Since 1995, Taller San Jose has helped over 4,500 young people in Central Orange County restructure their lives, finish their education and develop marketable job skills. The proposed program will target low- income, undereducated, unskilled and unemployed Santa Ana youth who are between the ages of 18 and 21, with right -to -work documents and who share one or more of the following characteristics: are deficient in basic skills, have dropped out of school, are homeless or foster youth, are pregnant or parenting a child and /or are current or past offenders. The program will provide WIA elements 3 through 10. Taller San Jose will utilize the following recruitment efforts: 1) Community Outreach Coordinator —a staff member actively markets the program to potential students and organizes recruitment efforts at, among other locations, local churches, jails, community centers, other youth- serving nonprofits, etc.; 2) Referrals from current Taller San Jose students — about 65% of students are referred by a friend or relative; 3) Referrals from community partners including: the Exhibit A Orange County Probation Department, the Santa Ana WORK Center, Santa Ana Regional Occupation Center (ROP), Centennial Education Center, La Familia, Youth Provider Network, Daisy Wheel Network, as well as nonprofit institutions, including: Jamboree Housing, Orangewood Children's Foundation and Phoenix House; and, 4) Local newsprint publications such as the free Pennysaver. Over the course of the next year, Taller San Jose will achieve the following outcomes: 1) Recruit and enroll 20 eligible out -of- school youth between the ages of 18 -21, 75% (15 out -of- school youth) of whom will be enrolled by December 2012; 2) Provide industry specific workshop and classroom training for all eligible youth in one of three areas: construction, office careers or medical careers; 3) Facilitate the placement of at least 65% of youth into jobs above minimum wage and /or community college; 4) Ensure that 80% of youth will remain employed for a minimum of 6 months; 5) Increase youth wage earnings by $3,500 or more; and, 6) Maintain a 61 % certification rate for youth. B. Program Description Taller San Jose walks out -of- school, un- or underemployed youth, ages 18 -28, out of poverty through job training that teaches skills that will lead to living -wage employment and health benefits. Taller San Jose is a highly focused, goal oriented program that helps students develop into self - reliant adults through three key job- training academies — Office Careers, Medical Careers and Construction —as well as support services such as mentoring, legal assistance, substance abuse counseling and job placement. Taller San Jose's paid training programs ($100 /week) are short term (16 weeks) and simulate the workforce. Candidates for training are interviewed, possess right -to -work documents, must pass a drug screen, are required to comply with uniform standards and are expected to be present daily and on time. Students who are not capable of meeting expectations and requirements are dropped from the program. Those who complete the 16 -week training program are certified in identified skills and have demonstrated stable, work -ready behavior. The training model for each of the job training tracks focuses on three key areas: Hard Skills Development – work experience, Employability Development – job preparation, and Life Skills Development – on- going personal development. Graduates develop the skills that will lead to employment with a living wage in the following key industries: • Office Careers: The Office Careers Academy (OCA) meets Monday- Thursday from 8:30AM- 3:OOPM and trains and certifies students in Microsoft Word and Excel, preparing graduates for employment as administrative assistants, receptionists and data entry specialists in local companies. Business Skills training is woven throughout the curriculum and incorporates customer service, using Power Point, working with Outlook, writing business letters and professional etiquette. Every student participates in mock interview sessions with local business professionals prior to graduation. Upon program completion, students receive Microsoft Office Specialists Certification from Certiport. • Medical Careers: The Medical Careers Academy (MCA) meets Monday- Thursday from 8AM -4PM and Fridays from 8AM -noon. The program trains youth as both administrative and clinical medical assistants and focuses on two tracks: 1) Administrative Billing and Coding (ABC) features a hybrid curriculum of the Office Careers Academy and administrative medical assisting. The program focuses on basic accounting, medical billing/coding, medical Exhibit A 2 terminology, small business office management and scheduling and coding software and prepares graduates to work in a medical front office and /or in insurance or medical billing; and, 2) Clinical Medical Assisting prepares students for back office work, training them to measure vital signs, assist the physician with procedures, administer medications and give injections, record electrocardiograms, draw blood samples and perform basic laboratory tests. It also provides training in HIPPA Compliance and OSHA training. Upon completion of the job- training program, MCA students participate in 4 -week externships at local health systems, including MemorialCare Medical clinics, La Amistad, Lestonnac Free Clinic, Share Our Selves, St. Jude Heritage Medical Group and the Coalition of Orange County Community Clinics. The MCA certifies its students with the Basic Life Support for Healthcare Providers Certification from the American Heart Association. • Construction: The Construction Academy meets Monday- Thursday from 8AM -4PM. Led by a licensed general contractor with over 10 years of field experience, the building- trades training program focuses on construction fundamentals and incorporates: safety awareness and training, industry- related math proficiency, construction theory, hands -on experience, adherence to attendance policies, mentoring, job coaching, and leadership development. Hands -on training includes framing, drywall installation, electrical and plumbing. Apprentices participate in two hours of daily math training. Classes concentrate on the algebra, geometry and trigonometry needed for basic construction principles, such as estimating material costs, reading blueprints, rough carpentry, and so forth. By the end of the 16 -week training, students improve their math abilities by an average of two grade levels. Once students learn concepts in the classroom, they move to the lab for hands -on training and ultimately build a home from the ground up. Upon successful program completion, each graduate is awarded a fully- equipped tool belt to bring with them to their eventual job site. Taller San Jose certifies each graduate with 10 hours of Occupational Safety and Health Administration (OSHA) training. OSHA training gives employees in the construction industry the ability to minimize liability to the company and also reduces employee risk. In 2007, the Construction Academy launched Hope Builders, Inc. a social enterprise and general contracting venture that expands the program's existing training services, creates jobs for unemployed youth and serves the affordable housing needs of low- income families. Hope Builders, Inc. operates with a double bottom line —it employs graduates of Taller San Jose's construction training program and serves the affordable housing contracting needs of Orange County cities and developers. Wherever possible, it incorporates green products and practices with the goal of enabling low income residents to benefit from energy efficiency related cost savings. By targeting an under -served niche in the affordable housing sector, focusing on smaller joint venture projects on which larger developers might not otherwise competitively bid, Hope Builders creates an on -going stream of self - generated revenue to support the parent non - profit, Taller San Jose. Currently, Hope Builders employs a crew of eight and in the past year —with for - profit partner Citivest -- has purchased thirteen homes, five of which have been rehabbed and sold to families. The balance is in various stages of rehabilitation. Young people in Santa Ana, who have not completed high school, who have no defined job skills, and who have criminal records face a number of significant obstacles to self - sufficiency. Taller San Jose's Case Managers help students address these barriers to employment through regular mentoring and life skills sessions and follow up with students for up to 24 months after graduation. Upon arrival in the program, all WIA- enrolled students will be matched to a case Exhibit A 3 manager who conducts an initial assessment and develops goals with the student to help them show up every day and on time to increase their likelihood of remaining enrolled in the program. Case Managers challenge students to complete the following seven goals: Obtain a high school diploma; Open and use a bank account; Learn basic computer skills; Secure a job with a living wage; Remain crime free and drug free for one year; Register to vote; and, Obtain a valid driver's license. Staff provides monthly childcare vouchers and bus passes to help alleviate students' childcare and transportation needs. Case Managers also offer a weekly life skills program based on FuturoNow's Love Notes curriculum. Love Notes is a relationship skills and decision - making program aimed at helping individuals achieve their goals in relationships, family and marriage. Taller San Jose's two job placement coordinators help students develop resumes, conduct job searches, prepare for interviews and ultimately link graduates to employment. The Employment Coordinators and Alumni Services staff provide 24 months of follow up services, working to connect underemployed or unemployed graduates to additional education and training that can help them move up the career and wage ladders in their industry. All follow -up services include intensive support for the first 90 days after placement. As graduates acclimate to the workplace, meetings with staff mentors occur on a bi- weekly or monthly basis. The career center is open until 7PM every Wednesday to ensure that alumni have adequate access to this resource. Taller produces a quarterly alumni and student newsletter, Standing Taller, which has a circulation of roughly 500 individuals. The publication highlights student success stories, inspirational messages and upcoming events sponsored at Taller. A special Students & Alumni page is featured on Taller's website and includes information outlining additional training opportunities, upcoming workshops and employment opportunities. Alumni can also electronically update their contact information and request additional support services via the website. To help alumni build their skills and move up the career and wage ladder in their industry, Taller San Jose has developed educational and training pipeline programs. For example, the construction academy offers a 40 -hour, week -long solar panel installation training four times annually to program alumni. Upon successful completion of their exam, graduates receive the photovoltaic installer level I certificate from the Electronics Technicians Association, International. Taller San Jose also partners with several colleges, including Santa Ana College, Newbridge College and the National American University (NAU) to establish bridge programs so that graduates of its Medical Careers Academy can continue their education. A number of MCA graduates are already enrolled in phlebotomy programs at Newbridge and UC Irvine. In addition, Taller San Jose has a sponsorship agreement in place with NAU that has established clearly articulated career and education pathways towards the completion of an AA degree for Taller San Jose students who continue their education at NAU. The mission of Taller San Jose is aligned to that of the Santa Ana Youth Council —to enable youth, particularly those most in need, to acquire the necessary skills to successfully transition into and compete in the labor force and to further their education and training. Taller San Jose's focus is on Training/Workforce Development. By focusing on traditionally high - growth industries and emphasizing living -wage employment with health benefits, Taller San Jose gives its students the skills needed to enter today's workforce and move out of poverty so that they can support themselves and their families. Long -term life changes for Taller San Jose graduates include: 92% of students are not arrested for violent crime as long as 3 years post - graduation; Exhibit A 4 and, 70% of students who complete their program goals move on to full -time employment beyond minimum wage or to community college. Taller San Jose attributes its success at reaching and retaining Santa Ana's undereducated and unskilled youth to a holistic, relational approach to education and training. The philosophy of the program calls for high interaction between staff and participants. Staff members focus on making warm and supportive contacts with each participant from the first phone contact /walk -in, through orientation sessions and throughout the first critical weeks of the student's participation. Taller San Jose employs twenty -five staff who work with youth on a daily basis to provide support services, instruction, training, and mentoring. To ensure that the program enrolls 75 percent of WIA youth by December 31, 2012, Taller San Jose has adjusted its class schedule, which will enable students to begin their coursework in July. C. Priority Services Taller San Jose will recruit and enroll 20 out -of- school youth over the course of the next year. Ten percent of recruited youth are either: 1) Emancipated Youth: Taller San Jose is a Guardian Scholar School of Orangewood Children's Home. Each year between 8 and 15 students are referred to Taller San Jose from Orangewood; 2) Probation Youth: Taller actively recruits at PAC meetings and about 60 percent of its male students are on probation or parole; or, 3) Youth with disabilities. By focusing on traditionally high - growth industries and emphasizing living -wage employment with health benefits, Taller San Jose gives students the skills needed to enter today's workforce and move out of poverty so that they can support themselves and their families. All WIA graduates will receive certification from one of the following entities: Certiport (Microsoft), American Heart Association (Basic Life Support for Healthcare Providers), or the U.S. Department of Labor /Occupational Safety and Health Administration (OSHA). Taller San Jose's workforce training programs simulate the workforce and strive to assist young adults to become economically self - sufficient through intensive training that leads to living -wage employment. Whenever possible, Taller San Jose partners with local businesses to offer on -the- job training. For example, all students who successfully complete training in the Medical Careers Academy must complete a four -week externship at a local doctor's office or clinic. Additionally, in January 2011, Taller San Jose developed two, ongoing 16 -week, paid internships with St. Joseph Health System's Revenue Cycle Services. Each intern is matched to a staff mentor, who offers guidance and coaching related to their professional and educational development. To date, eight Taller San Jose students have cycled through this program and two have been hired as full - time employees at the end of their internship. The program has been so successful that the St. Joseph Health System marketing department has launched its own internship, which offers one - year of employment to a Taller San Jose graduate and pays $12 per hour. In the coming year, Taller San Jose is hoping to replicate these programs with other businesses. C. Program Timeline Taller San Jose's approach to workforce development follows a five -step self - sufficiency framework (A Guide to Progress and Success or GPS, see attached) that includes highly- focused job training, intensive case management, comprehensive support services, job placement and 24 months of job- retention support and follow -up. Taller San Jose recruits out -of- school and unemployed young adults (18 -28) through the following avenues: Exhibit A 5 a. Community Outreach Coordinator — Taller San Jose employs a staff member to design community- centered recruitment activities and recruit program participants. b. Referrals from current Taller San Jose students — 65% of current students are referred by a friend or relative involved with Taller San Jose. c. Referrals from community partners including: the Orange County Probation Department, the Santa Ana WORK Center, Centennial Education Center, La Familia, OCCC, and others d. Referrals from Orangewood Children's Home: Taller San Jose is a Guardian Scholars School for Orangewood's Emancipated Youth. During Phase One, applicants take a basic skills assessment (TABE test) and are drug- tested and interviewed The minimum requirements for enrollment are that a young person: be between the ages of 18 -28; possess valid right -to -work documents; read English at a 6t grade level; and, pass a pre -hire drug screen. Students meeting these requirements are selected to continue to Phase Two. During Phase Two -- orientation and goal setting - -the student pledges to a two -year commitment to Taller and meets with their assigned case managers who challenge students to achieve these Seven Steps to Success: finish your high school diploma, open and use a bank account, register to vote, remain crime and drug free, take a basic computer class, get a valid driver's license and find a job above the minimum wage. The average student enrolling in the program has achieved three of these seven steps; 16 -weeks later the average student has achieved another two steps. Case Managers assess individual student risk factors, oversee attendance, student performance and follow up with students for up to 24 months after graduation. Regular attendance, punctuality, drug -free behavior, a positive attitude and appropriate dress are viewed as job -ready behaviors and emphasized on a daily basis. Phase Three includes 16 weeks of hands -on job training in Construction, Medical Careers, or Office Careers. The training model for each of the job training tracks focuses on three key areas: Hard Skills Development — work experience, Employability Development — job preparation, and Life Skills Development — on -going personal development. Over the course of the training period, participants complete the HARD SKILLS following curriculum: EMPLOYABILTY LIFE SKILLS Construction (16 wks) ■ Customer Service ■ Anger Management • Construction Pre- ■ Employer Expectations ■ Communication & Apprenticeship ■ Interview Techniques Listening Skills • OSHA Certification ■ Job Search Strategies ■ Conflict Resolution Office Careers (16 wks) ■ Mock Interview ■ Drug & Alcohol • Business Services • Microsoft Certification ■ Networking Education Medical Careers (16 wks) ' Resume Writing ■ Goal Setting • Administrative Billing and • Workplace Safety ■ Leadership Development Coding • Personal Finance • Clinical Medical Assistant ■ Public Speaking • Basic Life Support for Healthcare Providers Certification *All programs incorporate basic skills development Exhibit A 6 Those who complete Phase Three are certified in identified skills and have demonstrated stable, work -ready behavior. Phases Four and Five begin a 24 -month period of job placement, ongoing case management, supplemental training, links to additional education and alumni follow up. Taller San Jose has a strong program linking participants to employment through job preparation workshops, participation in job fairs, resume preparation, referrals and job coaching. The Job Developer serves as a liaison among employers, students and community resources such as the One -Stop Center to ensure that program graduates locate employment within 90 days of graduation from Taller San Jose. Participants are taught job search techniques throughout their training and are required to submit a minimum of ten resumes per week during the last month of training. All students participate in mock interview sessions with local Human Resource professionals. A network of local employers provides employment opportunities to graduates upon their completion of training at Taller San Jose. During this period, Taller focuses on: 1) placing graduates into initial employment; and, 2) helping graduates move up the career and wage ladder in their industry by connecting them to additional educational and training opportunities. Case managers follow -up with graduates at 3 -month intervals and staff measures graduates' rates of- placement, salary, job retention, continuing education, employer- sponsored health benefits, and recidivism. In addition, Taller San Jose participants who have not completed their secondary education are encouraged to co- enroll in a high school diploma program offered in the evenings and on Friday and Saturday. These diploma and certification programs are sponsored through the local community college, Santa Ana College Office of Continuing Education. Taller San Jose staff work with Continuing Education staff to monitor participant progress and meet educational goals as appropriate. Each of Taller San Jose's training programs is designed to place students in high- demand industries that offer career ladders for growth. Taller's Medical Careers Academy, for example, trains clinical and administrative medical assistants to enter the allied health field, where the demand for allied health workers in California is expected to grow 63% between 2010 and 2030 and 39% by 2016 in Orange County. Researchers estimate that California's universities and community colleges will only have the capacity to train 634,000 of the needed workers— between 63 and 79% of the allied health workers the state requires (Help Wanted: Will Californians Miss Out on a Billion Dollar Growth Industry? September 2009 report by The California Wellness Foundation). Traditionally the construction industry has been a high - growth industry in the county. Despite the economic downturn, the building industry still has a need for skilled, reliable, entry -level workers and 70% of Taller's construction academy graduates are placed into employment or continuing education within 90 days of graduation from the program. Taller San Jose works with industry partners to refine its program curriculum to ensure that its training continues to meet the evolving needs of the market. A key dimension of Taller San Jose's mission is to ensure that students are prepared for new employment opportunities such as those associated with the growth of the green economy. To help students build skills that are currently in demand in the building industry, Taller San Jose has added supplemental training for alumni in green construction, specifically solar panel installation. The nation's green building economy is poised to grow exponentially in the next few years, yet faces looming labor shortages in the areas of Exhibit A 7 manufacturing, construction and installation. According to the California Center for Sustainable Energy, Orange County's green economy is poised for enormous growth and is one of the top five counties (behind Los Angeles and San Diego counties) pushing the growth of the state's green economy. Taller San Jose believes that it is well positioned to link the employment needs of disadvantaged youth to the emerging market in green construction. D. Goals /Objectives and Performance Levels As an organization, Taller San Jose is distinguished by program refinement and continuous improvement. Taller San Jose uses an established evaluation method including: client surveys, focus groups, and feedback collected during mentoring sessions to address client concerns. Taller San Jose program staff meets bi- monthly to discuss and refine existing programs and services. To evaluate its community impact, Taller measures five "critical to quality" outcomes: 1) recruitment of troubled youth motivated to change; 2) training of all students in soft and hard skills; 3) strong and appropriate support services; 4) placement of graduates into permanent jobs with a living -wage prospect; and 5) 24 months of job- retention support and follow -up. Taller San Jose uses the Efforts to Outcomes (ETO) student tracking system to monitor student attendance, goal setting and achievement, educational assessment and progress, graduation rates and job placement, as well as assisting with recruitment and retention efforts. This information also helps staff target students in danger of dropping out of educational or job training programs. Taller San Jose strives to move young people out of poverty and on to employment with a living wage and benefits while maintaining a crime -free lifestyle. In 2011, Taller San Jose placed 175 young people into employment and: • $11.13 is the average wage of graduates • 38% of recent graduates receive full health benefits • 72% of those placed into employment in 2010 remain employed 12 months later • 17 are enrolled in college or an apprenticeship • 92% of graduates with a criminal record did not re- offend. Taller San Jose's Case Managers monitor student attendance, goal setting and achievement, educational assessment and progress, and help identify students in danger of dropping out of its job- training programs. Those who complete the training program work with onsite job developers to prepare resumes, practice interviewing skills and find employment. E. Facilities Taller San Jose's facilities are compliant with the Americans with Disability Act (see attachment F). Internet access is available at every staff member's workspace, the two computer labs utilized by the Office and Medical Careers Academies and in the career centers at both facilities. Staff uses Microsoft Outlook, Microsoft Publisher, Microsoft PowerPoint, Microsoft Excel, Microsoft Word, Adobe Acrobat, Raiser's Edge, OneNet Assessments, QuickBooks Enterprise Edition, TimeClock, Typing Master, Centurion, Medisoft, SpringCharts, DDC, Internet Explorer and Efforts to Outcomes (ETO). Office Careers Academy & Medical Careers Academy 801 N. Broadway, Santa Ana, CA 92701 P: (714) 543 -5105 F: (714) 543 -5023 Hours of Operation: Monday — Friday 8:30AM — 5:OOPM Wednesday 8:30AM — 7:OOPM Exhibit A n. The fully renovated Broadway location has served as a training center for the Office and Medical Careers Academies since 1995 and houses Taller's administrative, executive, support services and job development staff. This location is eight blocks west of Taller Tech and centrally located in neutral gang territory adjacent to the city's transportation corridor ensuring a safe and accessible training site for participants from across Orange County. Taller San Jose — Construction 810 N. Poinsettia, Santa Ana, CA 92701 P: (714) 569 -0940 F: (714) 569 -0941 Hours of Operation: Monday — Friday 8:30AM — 5:OOPM The 10,000 square foot Poinsettia facility serves as the training site for both the basic and green construction programs and houses job development and support services staff. The space provides adequate room for everything from classroom work to large scale building projects. Taller San Jose worked closely with the City of Santa Ana during the development of this program to establish this as a suitable site for a trade school. The Santa Ana City Council approved this usage and provided a variance for all training activities. Founder and President Emerita, Sister Eileen McNerney, has put a great deal of effort into making both facilities warm and inviting learning environments. Artwork adorns both buildings and the classrooms more appropriately resemble workstations as opposed to cold institutions. II. About the Organization A. Description of Proposer Taller San Jose walks undereducated, unskilled and unemployed youth (ages 18 -28) out of poverty through job training that offers the hope of a productive and self - reliant future. It serves as a structured and supportive environment in the center of Santa Ana for young people who are caught in the cycle of poverty and need further training to become financially independent. Taller San Jose is a highly- focused, goal- oriented program that helps students develop into self - reliant adults through three training academies in Office Careers, Construction and Medical Careers, as well as support services that include mentoring and counseling, legal assistance, life skills workshops and job placement. Established by the Sisters of St. Joseph of Orange in 1995, Taller San Jose has helped more than 4,500 high -risk youth in Santa Ana and the surrounding communities restructure their lives, develop marketable skills and find employment. Taller San Jose carefully tracks its program outcomes and has learned that 92% of its program graduates are not re- incarcerated. By comparison, the State of California has one of the highest recidivism rates in the country, with 70% of past offenders returning to jail within twenty -four months of release. In the last year, Taller San Jose placed 175 young people into employment at an average wage of $11.13 per hour. B. Experience Taller San Jose employs twenty -four staff to operate the following youth programs: • Office Careers Academy: This program trains and certifies students in Microsoft Word and Excel and prepares graduates for employment as administrative assistants, receptionists and data entry specialists in local companies. Over the past two years, the Office Careers Academy placed 85 graduates into employment and: 19 graduates went on to community college; $9.40 is the average wage of graduates; 33% of graduates receive full health benefits; 70% of those placed into employment in 2010 remain employed 12 months later. • Medical Careers Academy: The Medical Careers Academy trains both administrative and Exhibit A 9 clinical medical assistants. In the last two years, the Medical Careers Academy linked 79 graduates to employment and: $11.77 is the average wage; 33% of graduates receive full health benefits; 21 are continuing their education; 77% of those placed into employment in 2010 remain employed 12 months later. • Construction: Led by a licensed general contractor, the construction program focuses on construction fundamentals and prepares graduates for entry -level employment in the building trades. Over the past two years, the construction program placed 160 graduates into employment and: $11.15 is the average wage; 55% of employed graduates receive full health benefits; 13 graduates went on to apprenticeship or community college; 71% of those placed into employment in 2010 remain employed 12 months later. In October 2008 Taller San Jose launched Hope Builders, Inc., which employs graduates of Taller's Construction Academy and partners with nonprofit and for - profit developers to build and rehabilitate affordable housing for local cities. Hope Builders also serves the general contracting needs of the community by offering commercial and tenant improvement services ranging from small to large projects. Hope Builders performs National Stabilization Program (NSP) and bank REO projects for nonprofit partners such as the Affordable Housing Clearinghouse, Neighborhood Housing Services and Orange County Community Housing. By targeting an under -served niche in the affordable housing sector, focusing on smaller joint venture projects on which larger developers might not otherwise competitively bid, Hope Builders creates an on -going stream of self - generated revenue to support Taller San Jose's nonprofit programs. Taller San Jose works very closely with industry partners to refine its curriculum, serve as mentors to students and place students into employment. Each of the three training programs is guided by an Honorary Board of industry specific experts from local companies such as Capital Source Bank, First Bank, Hensel Phelps, Clark Construction, Tait & Associates, MemorialCare Medical Foundation, St. Joseph Hospital and McCarthy Construction. Key Taller San Jose staff includes the following: Executive Director, Shawna Smith, .13 (in -kind) has worked at Taller San Jose for thirteen years assisting in the development of numerous projects including the construction training program. She received her B.A. from Santa Clara University and spent a year working with the Jesuit Volunteer Corps in Orange County. In 2005, Shawna was recognized as a Marano Fellow by the Aspen Institute. Director of Student Services, Karyn Mendoza, .15 oversees Taller San Jose's workforce development, life skills and case management programs. Karyn is a Licensed Clinical Social Workers who earned her Master's Degree in Social Work from USC. Enrollment Specialist, Michelle Delacio, .30 oversees enrollment at Taller San Jose and interviews each applicant to determine eligibility for admission. Michelle has over 12 years of experience in the social work/counseling field and has worked as a case manager or legal advocate at various nonprofits, including Human Options and SPIN. Exhibit A 10 Alumni Services Manager, David Saldana, .20 provides comprehensive follow -up services to recent graduates and active alumni. He received his BA in Psychology from California State University Long Beach and is currently enrolled in the Master's of Social Work program at USC. Job Coordinator, Meghan Medlin, .20 develops relationships with employers in the Orange County construction, business services, and healthcare industries and provides on -going coaching to students in order to help them transition into employment successfully. She holds a BS in Chemistry from the University of Redlands. Prior to Taller San Jose, Meghan worked for AppleOne Employment Services. MCA Program Manager, Martha Guzman, .20 (in -kind) oversees program development for the Medical Careers Academy. From 2004 -2007, Martha worked as a Medical Assistant Instructor at Corinthian College and in 2007 became a licensed phlebotomist and worked as a Certified Phlebotomy Technician I at Los Alamitos Medical Center. Construction Program Manager, Raul Guzman, .10 With more than 15 years of experience as a Licensed General Contractor, Raul earned an AA in Construction Technology from El Camino College, is a licensed general contractor and holds a preliminary full -time subject teaching credential in building trades from the state of CA. OCA Program Instructor, Jackie Strobel, .25 (in -kind) trains and prepares interns for MOS Word and Excel certification as well as PowerPoint and Outlook proficiency. Jackie received her BS from Cal State University, San Bernardino in Business Administration with a concentration in Management Information Systems. Case Manager, Susan Ortiz, .20 (in -kind) provides mentoring and case management to students enrolled in the Medical Careers Academy. Susan receieved her BA in Sociology from Whittier College and is currently enrolled in the Master of Social Work program at California State University, Long Beach. Case Manager, Elfie Abril, .20 holds an M.A. in Social Work from the University of Southern California. He has worked for many nonprofit agencies, including Metropolitan State Hospital and the Orange County Bar Foundation, providing individual and family therapy. Case Manager, Art Guerrero, .25 (in -kind) received his B.A. in Psychology from Pepperdine University. Before coming to Taller San Jose, Art worked for over twenty years as a federal probation officer. Job Coach, Samantha Matillo, .20 holds an AA in Human Development from Santa Ana College. From 2006 until 2009, Samantha worked as a Senior Account Executive at AppleOne Employment Services. Director of Finance, Nancy Loughrey, .10 is a Certified Public Accountant with more than 24 years of experience with small businesses, especially concentrating on nonprofits and computer software companies. She holds a B.S and an M.B.A. in Finance. Exhibit A 11 C. Fiscal Capacity Since opening in 1995, Taller San Jose has been funded by nearly 75 different foundations and over 1500 individual donors. The Organization's FY 2011 -2012 operating budget is $2,722,786. The breakdown of revenue sources is as follows: Individuals- 14 %; Corporate /Foundation Grants- 46 %; Special Events -24 %; Sisters of St. Joseph — 8 %; and, Government grants- 9 %. Accountability requirements and administrative measures have been developed to handle reporting requirements and tracking systems for all income and expenses including grants received by Taller San Jose for program purposes. Fiscal data is recorded in QuickBooks Enterprise. There is an accounting manual available upon request which details the complete system. There is an annual independent audit. In addition, an annual budget is used to plan expenditures and costs, which is approved by the Board of Directors. Financial statements are prepared monthly, and reviewed by the Executive Director. On a bi- monthly basis, financials are reviewed by Department Managers, the Finance Committee, and the Board of Directors. Taller San Jose maintains a procurement policy (attached) and is capable of providing monthly invoices for services provided. Costs are accumulated in the general ledger by account and grant. Cost reports and invoices are prepared by the Controller who has been a Certified Public Accountant for 24 years, and has had extensive experience with small businesses, especially concentrating on nonprofits and computer software companies. She holds a B.S and an M.B.A. in Finance. (Please see most recent 2 years of audited financial statements in Attachment G). A Subcontracting Taller San Jose will not sub - contract client services or activities. Exhibit A 12 Attachment B YSPN MEMBER PERFORMANCE PLAN 2012 -2013 WIA YOUTH POPULATION Youth Population Ages # of Youth to be Served In- School per Quarter Out -of- School 18 -21 20 TOTAL NUMBER OF YOUTH TO BE SERVED 20 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 7 $44,378.25 2" (75% Enrollment Required) 8 $50,718 3` 5 $31,698.75 4th 20 x 65% $ TOTAL 20 $126,795 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 20 x 65% = 13 (by Exit or 1St Quarter Follow -Up) Attainment of Degree or Certificate (by Exit or by 3`d Quarter Follow -Up) 20 x 61% = 12 Improved Literacy OR Numeracy 20 x 40% = 8 Exhibit B COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA lnl_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 1. Policy Statement 2. Civil Rights 3. Nondiscrimination laws under WIA 4. How to File Your Complaint B. Criminal Complaints II. General Procedures for Handling Non - Criminal Violations of the Act III. Procedures for Handling Complaints at the LWIA Level IV. Procedures for Handling Complaints at the State Level V. Procedures for Handling Discrimination Complaints by Participants_ VI. Procedures for Handling Handicap Complaints by Participants GLOSSARY OF WIA TERMS z EXHIBIT C 3 3 3 4 4 5 6 6 8 12 15 17 I. Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. 3 EXHIBIT C Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 EXHIBIT C Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: 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: 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. 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 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. so 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). 15 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 o Unsatisfactory Decision or LWIA Decision not issued within 60 days W 0 0 Q Request for State Review w 0 0 0 Governor's Decision issued by State Review Panel o o If no decision issued by State Review Panel o Appeal to DOL 16 EXHIBIT C a C c V U 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. 18 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 Filing of complaint on the basis Of Handicap with LWIA Informal Resolution o o If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted LWIA Decision o Unsatisfactory Decision or No Decision o o State Review Governor's 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 20 EXHIBIT C unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post- termination services) funded under the Act, following intake, except for an individual who receives only outreach and /or intake and assessment services. 21 EXHIBIT C CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Taller San Jose Grantee /Contractor Organization nature Shawna Smith Name of Certifying Official Signature EXHIBIT D Santa Ana WIA Youth Program am Program Title 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. Dated: July 1, 2012 TA&..e - Lzo_SS6 Program Operator EXHIBIT E DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Shawna Smith Name of Contractor: Taller San Jose 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): 801 N. Broadway Santa Ana, Orange County, CA 92701 EXHIBIT E Attachment E Certification Reeardine 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. ALW_,�z rantee /Contractor Organization Executive Director Name and Title of Official Authorized to Certify On Behalf of the Grantee 3212 Date Exhibit F Taller San Jose Worforce Investment Act 2012 -2013 Grant Proposal Exhibit G 6/12/2012 Administrative No Program Total WIA Match /in Kind Qtr 1 Qtr 2 Qtr 3 1 Qtr 4 more than 10% allowed Personnel Salaries* 1.S hawna Smith -- Executive Director 13% 17,681 - 2. Ka n Mendoza - Director of Student Services ry 15% 11,669 11,669 - - 2,917 2,917 2,917 3. Enrollment Specialist - Michelle Delacio 30% P 12,790 12,790 3,198 3,198 1 3,198 3,198 - 4. David Saldana - Alumni Services and Employment - I � o 20% 14 1, 2,6601 2,660 2,660 � 2,660 5. Me han Medlin - Em to ment Services g Employment - - - -- - Coordinator -20% 11,670 11,670 2,918 2,918 2,918 ! 2,918 6. Martha Guzman - MCA Program Manager - 20% 12,154 - - 7. Raul Guzman -Tech Program Manager - 10% - - 6,645 - - - 1,661 - 1 1,661 1,661 1,661 8. Jackie Strobel - OCA Program Instructor - 25% 12,673 9. Susan Ortiz - Case Manager - 20% 9,603 10. Elfie Abril - Case Manager - 20% 10,434 10,434 i 2,609 2,609 ! 21609 2,609 11 Art Guerrero - Case Manager 25% 13,070 - - 12 Samantha Matillo - Job Coach 20% 9,548 9,548 i 2,387 i 2,387 2,387 2,387 13. Nancy Loughrey - Director of Finance - 10% 8,211 8,211 81,6071 2,053 21053 2,053 2,053 Benefits* 1. Shawna Smith -- Executive Director - -13% 4,243 2. Karyn Mendoza - Director of Student Services- 15% 2,801 2,801 700 7001 700 700 3. Enrollment Specialist - Michelle Delacio - 30% 3,070 3,070 768 768 768 768 4. David Saldana - Alumni Services and Employment - 20% 2,554 2,554 639 639 639 639 5. Meghan Medlin - Employment Services 1 Coordinator - 20% 2,801 2,801 700 700 700 700 6. Martha Guzman - MCA Program Manager - 20% 2,917 _ _ 7. Raul Guzman -Tech Program Manager - 10% 1,595 1,595 399 1 399 399 399 8. Jackie Strobel - OCA Program Instructor - 25% 3,042 - - - 9. Susan Ortiz - Case Manager - 20% 2,305 - - - - 10. Elfie Abril - Case Manager - 20% - - - - - 2,504 -- - - 2,504 - -- - 626 626 626 626 11, Art Guerrero - Case Manager - 25% 3,137 _ _ _ 12. Samantha Matillo - Job Coach - 20% 2,292 2,292 573 573 573 573 13. Nancy Loughrey - Director of Finance - 10% 1,971 1,971 i 493 493 493 493 Total Personnel 101,195 101,195 80,825 Operating Expenses Classroom supplies 11,956 Student Assistance -child care, bus passes 2,499 Occupancy Costs 44,789 Computers and internet 5,999 Office Expenses 4,799 Audit and Accounting 3,999 Student Stipends - 20 students @ $1600 apiece @80% retention 25,600 1 25,600 1 5,120 11,840 9,280 (640) Total Operating Expenses 25,600 25,600 74,040 GRAND TOTAL $ $ 126,795 $ 126,795 $ 154,865 30,419 37,139 34,579 24,659 Exhibit G 6/12/2012 Budget Narrative Personnel Expenses The following staff will be charged to this project at the time indicated. Their bios are detailed in the narrative. Executive Director, Shawna Smith 13 %, (in -kind Karyn Mendoza - Director of Student Services 15% Enrollment Specialist - Michelle Delacio - 30% David Saldana - Alumni Services and Employment - 20% Meghan Medlin - Employment Services Coordinator - 20% Martha Guzman - MCA Program Manager - 20% (in -kind Raul Guzman - Tech Program Manager - 10% Jackie Strobel - OCA Program Instructor - 25% (in -kind Susan Ortiz - Case Manager - 20% (in -kind Elfie Abril - Case Manager - 20% Art Guerrero - Case Manager - 25% (in -kind Samantha Matillo - Job Coach - 20% Director of Finance, Nancy Loughrey, 10% Benefits are charged at 22 %, which reflects the agency's historical experience. Non - Personnel Expenses Taller San Jose is requesting $25,600 for student stipends. Taller San Jose pays each student $100 per week of training and funding will support 20 students at a projected 80% retention rate. Taller San Jose is not requesting funding for its other operating expenses, but is providing them as well as its supportive services in -kind. Exhibit G i 6 t" � ;" I2!. 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. ® I 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. ® 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: ®Records accurately reflect actual performance. ®Maintain record confidentiality, as required. ®Reporting financial, participant, and performance data, as required. ®Comply with State and Federal fiscal and program activity audits. ®Complying 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. ®Agree to provide all participants with Grievance Procedures. ®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. ®Use WIA money to assist, promote, or deter union organizing. ®Use funds to employ or train of persons in sectarian activities. ®Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. ®Use WIA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ®Use 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. hereby assure that all of the above are true. Executive Director /CEO 3/2/12 Name Title Date Exhibit H DATE (MWDDNYYY) A� CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 06/27/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES ER IF CATE OF AFFIRMATIVELY SURANCE DOES NEGATIVELY CONSTITUTE A CONTRACT COVERAGE AFFORDED BY INSURER(S)TAUTHOR AUTHORIZED BELOW. THIS CERTIFICATE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Willis Management (Bermuda) Limited 58 Par -la -Ville Road P. O. Box 1995 Hamilton Bermuda, HM HX Taller San Jose 801 N. Broadway Santa Ana, CA 92307 =HONE 945 7378 a/`c Not 877 888- 467 -2378 A!C NO EXT) = -MAIL certificates@willis.cOm PRO• LOC g POLICY E T RES ADDS: NAIC # INSURER(S)AFFORDING COVERAGE COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY(Per person) $ AUTOMOBILE LIABILITY Unity Group Limited C0929 -001 INSURERA:American ANY AUTO INSURER B INSURER C INSURER D INSURER E -2012--12-7— INSURERF: REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: 18110856 E BEEN ISSUED T INDICATED. NOTWITHSTANDING ANY IREOUIREMENTNTERM OR CONDITION OF ANY CONTRACTOOR THE INSURED NAMED OTHER R DOCUMENT WIOTHERESPECT TO ICH THIS THIS IS TO CERTIFY THAT THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT t-0 ALC HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN PREDUCED BY PAID OCLAIMS. LIMITS NSR DD' SUB POLICYNUMBER M D YY MWDD YY LTR TYPEOFINSURANCE NSR EACHOCCURRENCE $ 2 000 00 A GENERAL LIABILITY Y UNICGL1201028 6/30/2012 6/30/2013 DAMAGE TO RENTED PREMISES Eaoccurence $ X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL& ADV INJURY $ 2 000 00 GENERAL AGGREGATE $ 2 000 00 PRODUCTS - COMP/OP AGG $ 5,000,00 GENT AGGREGATE LIMIT APPLIES PER: $ PRO• LOC g POLICY E T COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY(Per person) $ AUTOMOBILE LIABILITY ANY AUTO BODILY INJURY(Per accident) ALLOWNED SCHEDULED TOS PROPERTYDAMAGE $ AUTOS NON -OWNED Per accident HIREDAUTOS AUTOS $ EACHOCCURRENCE $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ - r`` WC STATU- TH- TORY LIMITS ER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY❑ N/A _ C r- p- Y` E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? `Op 1� P I' rney (Mandatory ,inNH) ft describe under L� PAC E. L. DISEASE - POLICY LIMIT $ yes, DESCRIPTION OF OPERATIONS below w rct_ DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is required) The Certificate Holder is named as Additional Insured by endorsement to the policy subject to the terms set forth in the endorsement. Taller San Jose, Block Grant - 810 N. Poinsetta, Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Santa Ana Work Center 1000 S. Santa Ana Blvd. Suite 2000 Santa Ana, CA 92701 Coll:3776604 Tpl:1469392 C 1085 © 1988- 2010ACORD CORPORATION. All rigntsresem - - -- - -- -- + r--^ ­= rpnistered marks of ACORD �1 e ALA ° CERTIFICATE OF LIABILITY INSURANCE INSR LTR page 1 of 1 05/(3 /2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Insurance Services of California, Inc. c/o 26 Century Blvd. P. O. Box 3 TN 3 Nashville, TN 37230 -5191 CONTACT NAME: PHONE AC No, EXT: 877- 945 -7378 p� No: 888- 467 -2378 ADDRESS: ESS: certificates@willis.com INSURER(S)AFFORDING COVERAGE NAIC # INSURERA:Hartford Accident & Indemnity Company 22357 -003 INSURED Taller San Jose INSURER B: $ and Hope Builders, Inc. 801 N. Broadway INSURERC: INSURER D: $ Santa Ana, CA 92701 INSURER E: $ INSURER F: GENERALAGGREGATE $ - -- -- -" - - -- - "l V 1111v17 Iqu1Vlo Cn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE DD' NSR SUB WVD POLICY NUMBER POLICYEFF MM/DD YY ) POLICY EXP (MM/DD1YYYY1 LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 1:1 OCCUR EACH OCCURRENCE $ PREMSET RENTrD $ MED EXP (Anyone person) $ PERSONAL& ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: RO POLICY JPE JECT LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS HIREDAUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY(Per person) $ BODILY INJU RY(Per accident) $ 15ROPERTYDA RAGE Per accident $ UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? fMandatory in NH) fyes,describe under DESCRIPTION OF OPERATIONS below N/A 72WNC93300 5 31 / /2012 5/31/2013 WCSTATU- OTH- X T RYLIMITS ER E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is required�)y��yy (� � T��1l�y 'PPP •/ V L� LISA E. STO CK .. _.. Assistant City Attul "ne�� t%CQT1C1/`ATG unl Ml- 1 IVI4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana Work Center AUTHORIZED REPRESENTATIVE 1000 E. Santa Ana Blvd. Suite 2000 Santa Ana, CA 92701 I l N I( ��_ -8 C011:3748285 Tp1:1459912 Cert:1794214 l a ioRn- 9mnArn0nrn00noArlf%Kl All_: