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MEMORANDUM OF UNDERSTANDING
UNDER THE WORKFORCE INVESTMENT ACT
(Santa Ana Public Library)
A- 2014 -126
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THIS MEMORANDUM OF UNDERSTANDING ( "Agreement "), made and entered
into this I" day of July, 2014, 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
�X ( "CITY ") and the City of Santa AnaiSauta Ana Public Library ( "CONTRACTOR ").
k RECITALS:
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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 youth 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:
1.
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 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.
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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 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 hinds 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 completed Workforce
Investment Act Application form and supporting documents; a complete Workforce Investment Act
Enrollment; any subsequent updates to; Workforce Investment Act Youth Test Scores form; Workforce
Investment Act Exit form upon completion/termination of active enrollment of participant; and the
Workforce Investment Act Follow -Up form within 20 days following 30, 60, 90,180, 270, and 360
days of exit. Contractor agrees to enter information on the State of California's CalJobs database
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system as instructed and requested by the Santa Ana Work Center Administration.
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
following the month in which CONTRACTOR'S services are performed. Reimbursement payments by
City shall be issued to CONTRACTOR within sixty (60) days following receipt of proper invoice
evidencing work performed/money expended, subject to City accounting procedures. 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.
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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.
0. 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 assigrunent orders of all employees and
is providing the names of all new employees to the New Employee Registry maintained by the
California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and
the federal regulations, including but not limited to the regulations found at 20 CFR part 629.
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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 CPR 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.
V. CONTRACTOR acknowledges that the official name for the statewide system
of providing employment and training through the WIA partnerships and various other local programs
is "America's Job Center ". To achieve the goals of this grant, it is important that the public has a quick
and easy method to identify that the projects or programs they are taking part in are part of the
"America's Job Center ". CONTRACTOR agrees to place the America's Job Center logo, in
accordance with the State of California guidelines for such use, on all public materials such as
statements, press releases, brochures, advertisements, reports and other documents describing projects
or programs f nded in whole or in part with WIA funds. When the America's Job Center logo is used,
CONTRACTOR may accompany it with the following statement, "The (Program Name) is a proud
partner of the America's Job Center network ". CONTRACTOR shall not use the America's Job
Center logo in any manner that would imply that the State of California endorses a commercial
product, service or activity.
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 $190,000 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 finds hereunder and take such finding 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.
TERM OF AGREEMENT
This Agreement shall commence on July 1, 2014 and all duties arising under this
Agreement shall have been performed by June 30, 2015. The term of this Agreement may be extended
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by a writing executed by the City Manager and the City Attorney.
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.
Vl.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all applicable
federal and state laws and regulations, including, but not limited to the Performance Standards
(Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC
Sections 1516 and 155 1) and applicable regulations, and the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said
applicable laws are hereby incorporated by reference and made as part of this Agreement as though
filly 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,
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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.
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 ftmds 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 CPR 37.35, 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.
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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.
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
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Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter
amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been listed
on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from the
Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for the grant is under consideration to be listed on the EPA List of
Violating Facilities;
(c) It will notify the CITY and the EPA about any known violation of the above laws
and regulations.
16. CONTRACTOR agrees to adhere to the following STANDARDS OF
CONDUCT:
a. 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.
b. 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 (2) years following the termination of such employment.
c. 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.
d. 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.
e. 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
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would provide direct financial benefit to that member or any business or organization which the
member directly represents.
f Salary and Bonus Limitations. All Subrecipients of WIA program funds are required to
comply with federal requirements regarding the limitations on salary and bomis payments in
accordance with Public Law 109 -149, Section 7013.
VII.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, including, but not by way of limitation, workers' compensation
claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
employees or subcontractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits,
actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of
CONTRACTOR, its employees or subcontractors.
VIII.
INSURANCE
1. Commercial General Liabilitv. CONTRACTOR agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial general 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 amomit 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 general 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 (hr 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 at least
$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
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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
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. Youth Protection. To maintain a safe environment, funded youth providers that
serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual
Abuse & Molestation insurance coverage of at least $2,000,000. Youth providers will be held
responsible for conducting a background clearance (live -scan) for staff that have direct interaction with
youth participants that are under the age of 18.
6. 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.
CORPORATESTATUS
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.
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XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall frilly comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1, The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671.
2. All applicable State statutes, regulations, policies, procedures and directives;
All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
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.
Page 12 of 15
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,
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:
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: City of Santa Ana/Santa Ana Library
26 Civic Center Plaza, Santa Ana, CA 92702
Phone: (714) 647 -5288
Fax: (714) 647 -6913
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.
XXL
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 Memorandum of Understanding the
date and year first above - written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Lisa Storck
Assistant City Attorney
"CITY"
By:
David avazos
City Manager
"CONTRACTOR"
BY:, `J to -�
Name: Gerardo Monet
Title: Executive Director
Tax ID #: 95- 6000785
Page 15 of 15
PROPOSER APPLICATION
Agency Legal Name
Santa Ana Public Library
Agency DBA
I
Program Name
Seeds To Trees Academy: Digital Media and Information Technology
Institute
Program Address
26 Civic Center Plaza, M -75, Santa Ana, CA 92702
Corporate Office Address
26 Civic Center Plaza, M -75, Santa Ana, CA 92702
Contact Person & Title
Cheryl A. Eberly, Principal Librarian
Email
ceberlyn Santa- ana.org
Telephone #
714- 647 -5288
Fax #
714 - 647 -6913
Federal ID Number
95- 6000785
AGENCYSTATUS
Public Non -Profit
WIA
Corporation
I
I Private Non -Profit
Friday
Years in Operation.
$190,000
Private for Profit
$20,019
Government
I X
I Other
10 am-
6 m
PRIMARY FUNDING SOURCES
Funding Source
WIA
General Fund
CDBG
Thursday
Friday
Amount
$190,000
$ 164,033
$20,019
10 am-
9P111
10 am -9 pm
HOURS OF OPERATION AND DAYS
Days
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Hours
10 am -9 pm
10 am-
9P111
10 am -9 pm
10 am -9pm
10 am-
6 m
10 am-
6 m
TARGET POPULATION
Older Youth 25 Younger Youth 1 5 1 Out -of- School 15 In- School 15
# of Youth to be Served in 2014 -2015 130 Total WIA Funds Requested $190,000
In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish
the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and
requirements of this RFP and is authorized j/0 contract on behalf of the agency named above.
Executive Director
Signature Title Date
EXHIBIT A
The Santa Ana
Workforce Investment Board/Youth Council
Request For Proposals (RFP)
for
Youth Program Operators
Program Year 2014 -2015
SEEDS TO TREES ACADEMY:
DIGITAL MEDIA AND INFORMATION TECHNOLOGY
INSTITUTE
SANTA ANA PUBLIC LIBRARY
In Partnership With
SANTA ANA COLLEGE
EXHIBIT A
L Experiences and Qualifications
The Seeds to Trees Academy apprenticeship program will be operated by the Santa Ana Public Library in
partnership with Santa Ana College. Hence the experience and qualifications of both agencies will be described
in this section.
A. Briefly describe your agency - Santa Ana Public Library: The Santa Ana Public library (SAPL) is a
division of the City of Santa Ana's Parks and Recreation Department (PRCSA). SAPL's purpose is to respond
to our community's informational, educational, and personal interest needs using books, materials, technology,
and professional expertise. The library is subdivided into 4 primary departments; young adult services, adult
services, youth services and technology and support services. A primary way in which the informational needs
of the community is via a variety of special programs, like the Seeds to Trees Academy young adult workforce
training program.
B. & C. List the facility address and address of headquarters if different location. Please include major
cross streets. Indicate hours of operation for facility. Educational and training activities will take place at 3
library site locations all located within the city boundaries:
• The headquarters at the Santa Ana Public Library Main Branch located at 26 Civic Center Plaza, at the
cross - streets of Civic Center and Ross in Santa Ana. The Main library is open 10 am -9 pm Monday -
Thursday, and 10 am — 6 pm Friday and Saturday. Computer labs and classroom space available to students
are located in the TeenSpace, the basement of the Main Library, and the Mezzanine. All three areas are
wired for data transmission using the City's public access Internet.
The Digital Media computer lab and Teen Center at Garfield Joint Use Community Center located at 850
Brown St. at the cross - streets of 4t" Street and Lacy. Garfield is open 3:00 p.m. -6:00 p.m. Monday - Friday.
This located is specially designed and equipped with a digital media production studio and a classroom
structured computer lab equipped with state of the art Mac computers.
The TeenSpace at Jerome Recreation Center located at 726 S. Center Street, at the cross - streets of Center
and Me Fadden. Jerome is open 3:00 pm — 8:00 pm Monday - Thursday and 3:00 pm -6:00 pm Friday.
D. Briefly indicate what makes your facility youth friendly and suitable for the proposed program. - All
three locations are youth friendly and offer young adults a designated, specially designed space for them to
train, learn, work, relax, do homework and meet friends, and are ADA compliant.
E. Provide brief information on the following elements:
1. Average annual operating budget and sources of revenue - The Library's allocation of City General Fund
monies for 2012 -13 was $2,901,140. Other sources of revenue include a CDBG block grant of $258,072, which
supports the Homework Help Centers. We anticipate an equivalent CDBG grant for 201.3 -14 for this purpose,
and were recently awarded a $59,000 LSTA grant from the State Library's LSTA program, as well as $13,000
in smaller grants from various sources.
EXHIBIT A
2. Brief description of staff - The library employs 10 full -time librarians, 8 full -time paraprofessionals and 8
full -time clerical personnel. We currently employ 70 part time clerks and tutors in children's, teen and adult
programs. Some of our part - timers are paid through the General Fund and others through various grants.
3. Past experience with WIA programs or other youth programs - The trained staff devoted to this project
will be the Young Adult principal librarian, the Technology and Support Principal librarian, one Out of School
Youth Lead Caseworker, one In- School Youth Lead Caseworker, WIA program clerk, lead out -of School youth
Sr. Tutor and lead in- school youth tutor, assistant librarian and youth services technician and library services
manager. The young adult principal librarian has been the project director for the past three iterations of the
Seeds to Trees WIA program and will nearly half of her work time to guiding and overseeing the program. The
technology and support principal librarian will be in charge of CTV -3 programming for the city and will be
responsible for effective cooperation with Santa Ana College and its School of Continuing Education, to insure
that class schedules and locations, content and student monitoring are implemented and problems solved
promptly. She also has had oversight of the work experience of the youth participants focused on CTV3
programming, coordinating filming, editing, and web content design through the efforts of her staff. An Out -
Of- School Youth Lead Caseworker, an In- School Youth Lead Caseworker and a WIA program clerk will be
recruited and hired for the project. It is anticipated that priority hiring will be given to staff who have already
had previous experience working with the Seeds to Trees WIA program at the library. Lead in- School Tutor
and lead out -of- school Sr. Tutors will be assigned Seeds to Trees WIA program duties from current pool of
staff. Additional staff will have roles as tutor and project mentors.
4. What kind of impact your agency has made on the youth community? - The library has maintained a
high number of ongoing apprenticeship programs for teens, including a very intensive Summer Volunteer
Institute (SVI) that encourages teens to find self- worth and civic engagement though giving back to their
community. Last summer nearly 150 teens donated some 5,000 hours of their time to supporting programs for
library patrons of all ages, mentoring over 100 children in our `Buddy" programs, helping limited English
speaking adults to master computer technology and improve job skills, volunteering at community events, and
becoming involved in the social and educational life of their community. All together, the library conducted
nearly 90 programs for teens during the summer at three sites,
At present, teens continue to volunteer through the school year in math, reading, fitness and art `Buddy"
programs aimed at young children. There are daily activities for teens at both library branches and the Jerome
Recreation Center, including the Youth Health Ambassadors, history, civics, green living scholarship, fitness
and Teen Library clubs as well as arts, literature, video production and graphic arts workshops and tutoring in
math and reading. Half of our part time staff are involved exclusively in assisting with these projects, and are
experienced and committed to the growth and development of the young people they work with. The majority
of teens hired through our grant programs have begun their contact with the library through the volunteer
program. Our volunteers are mentored by staff and older teens and transition age young adults (18 -24), and
encouraged to develop personal and academic goals and an understanding of the importance of their work to
themselves and others. The library has also been unusually effective in working with probation youth
volunteers. Annually, forty to fifty probation youth complete their community service at the library. Ten to
fifteen of those continue volunteering at the library when their community service responsibilities are
concluded.
In all of our youth - centered programs, two guiding principles have been primary: The Circle of Mentoring
concept and its successor, the Seeds to Trees concept. The first emphasizes the value to both mentor and
mentee of a close and lasting supportive relationship, and the second the value of providing long -term
EXHIBIT A
mentoring, teaching and financial support for developing youth. These principles are the basis of our success
with WIA youth in our 2011 -2012, 2012 -2013 and 2013 -2014 programs. All full -time employees at the library
are involved in mentoring the students we employ under WIA. In addition, the library has been able to
supplement this personal support with organizational support in the form of educational and personal
counseling, transportation to classes, and paid internships at the library.
In collaboration, the efforts of staff members have produced notable successes, especially with WIA - mandated
goals. The program has achieved full enrollment very early in the cycle for the 2011 -2012, 2012 -2013 and
2013 -2014 programs. Thus far, a total of sixty participants have completed the first phase of the training
successfully, and were awarded certificates from RSCCD testifying to their mastery of digital media
preproduction skills. Our out -of- school participants are working to complete high school requirements under
staff supervision. In pursuit of WIA employment development goals, participants have been able to take part in
the RSCCD Young Entrepreneurs Program, which exposes youth to mechanisms and methods of increasing the
marketability of their products and skills. To attest to the impact of library services, in 2012 -2013, out of 20
students in the Seeds to Trees Digital Media Technology Academy program, 9 completed a high school diploma
or GED, 90% students enrolled in post - secondary education and/or found employment, 100% demonstrated an
improvement in basic skills, and all 20 received digital media technology credentials (refer to attachment I2).
The library has had a strong track record in its impact on youth in the community. In recent years, the library
has a record of unusual success in attracting teens to its TeenSpace and supporting them through its many
programs. The TeenSpace is advised by the Teen library Club. As a group, these teens have contributed many
thousands of hours of community service to the library and to various civic engagement projects around the
city, 98 percent have graduated from high school and 90 percent have gone on to higher education. These are
teens that do not represent the top 10 -20 percent of their high school class. They are not involved in student
government or school activities. They are the quiet at -risk youth whom no one notices. But at our TeenSpace,
they are noticed, nurtured and appreciated. They are provided pathways to professions, valuable work
experiences, civic engagement opportunities, and encouraged to pursue higher education goals.
A. Briefly describe your agency - Santa Ana College/ School of Continuing Education: A Santa Ana
College (SAC) has had a long and extensive history of serving Santa Ana youth. Santa Ana College was
founded in 1915 as a department within Santa Ana High School. As such, the campus has focused on serving
the youth of Santa Ana from its very inception. In 1947 Santa Ana College moved to a permanent campus at
17th and Bristol. It was the second junior college founded in Orange County and the fourth oldest in all of
California. In 1971, Santa Ana College formally separated from the Santa Ana Unified School District to form
the RSCCD. The college has evolved into one of the most energetic and fastest - growing comprehensive
community colleges in the nation, currently serving 29,318 credit and non - credit students per semester, Santa
Ana College will turn 100 years old in 2015. Santa Ana College provides access and equity in a dynamic
learning environment that prepares students for transfer, careers and lifelong intellectual pursuits in a global
community. The Middle College High School program is an example of their successful efforts to provide
college level instruction to high school aged youth.
The Digital Media Center, a 28,000 - square -foot facility, is an innovative state -of -the -art facility created through
a unique collaboration of RSCCD, SAC, City of Santa Ana, and the U.S. Department of Commerce, Economic
Development Administration. The DMC features a business incubator for start-up companies, instructional
space for SAC's digital media arts, TV /video production and digital music programs. The facility also houses a
collection of business seminars related to the digital media and business industries, offered through SAC's
Business Division. The DMC also received fimding from two outside sources with an acre of land being
donated by the City of Santa Ana and a $1.6 million grant from the U.S. Department of Commerce.
PXHI BIT A
The Centennial Education Center run by Santa Ana College is the only major Adult Education provider in the
City of Santa Ana. For 33 years the Centennial Education Center has been critically important to the residents
of Santa Ana as they strive to make a better life for themselves and their families through education. Last year
was the college's largest high school graduating class ever with 211 graduates. The programs offered at
Centennial Education Center are award winning receiving 4 major awards in 2013 from agencies including the
California Department of Education. All programs and services offered at the Centennial Education Center are
Tuition Free.
B. & C. List the facility address and address of headquarters if different location. Please include major
cross streets. Indicate hours of operation for facility.
1. Centennial Education Center 2900 W Edinger Ave, Santa Ana, CA 9270, Cross Street Edinger and Fairview -
Hours of Operation Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM
2. Santa Ana College Main Campus 1530 W 17th St, Santa Ana, CA 92706, Cross Street 17t" and Bristol
Hours of Operation Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM
3. Digital Media Center 1300 S. Bristol Santa Ana, CA 92704 Cross Street Edinger and Bristol - Hours of
Operation Monday — Thursday 8:00 AM— 6:45 PM; Friday 8:OOAM — 4:30PM
2002, voters approved Measure E, a $337 million general obligation bond to renovate existing campus buildings
and construct new classrooms to alleviate overcrowding and expand the educational and training programs at
Santa Ana College, Santiago Canyon College, the regional education centers and the district operations center
of the RSCCD. Bond Measure Q was approved in November of 2012, authorizing up to $198 million to finance
further renovations, repairs and new construction at Santa Ana College. These updates included a new Digital
Media Center, Early Childhood Education Center, building upgrades, an expansion of the Centennial Education
Center, and Library renovations. These state of the art facilities are now available to provide the best possible
educational setting for the next generation of Santa Ana Youth.
E. Provide brief information on the following elements:
1.. Average annual operating budget and sources of revenue - A majority of the classes will be undertaken
the Centennial Education Center. Their annual budget amounts to $13,662,882. These funds come from various
state, county, and local sources managed by Santa Ana College and the Ranch Santiago Community College
District. The funding for the CEC provides the operating expenses to run 1457 class sessions per academic year.
2. Brief description of staff - The Centennial Education Center has 5 administrators, 11 Full -time Faculty and
Counselors, 297 part time faculty and counselors, along with 103 support staff. The management team is made
up of Interim Vice President Jim Kennedy, Dean Nilo Lipiz, Dean Dr. Sergio Sotelo, Associate Dean Christine
Kosko, and Associate Registrar Phuong Nguyen.
3. Past experience with WIA programs or other youth programs - The Adult Education center has had a
long history of serving nontraditional high school students of all ages. Their GED and high school diploma
programs have been utilized by many members of the Santa Ana community that did not complete their high
UITIMUMM
school education. The faculty and staff are very experienced in helping nontraditional students reenroll into
productive educational courses. The Adult Education Center will also have access to the resources that are
typically made available to other incoming community college students.
4. What kind of impact your agency has made on the youth community? - Impact on the youth community
— According to the US Census 48% of adults over the age of 25 in Santa Ana do not have a High School
Diploma or GED equivalent. That's over 89,000 Santa Ana residents. Also over 20% of households in the city
do not have a member in the household over the age of 14 that can speak English fluently. These are the
programs and services that are offered at Centennial Education Center. The Continuing Education Center has
served the Santa Ana Community for the last 33 years by provided a place where students lacking a high school
diploma could take the steps needed to complete their secondary education. Last year they help 211 High
School student Graduates with their diploma, an additional 60 completed their GEDS, and a total of 13072
courses were completed by students in the program. The center served a total of 24,259 different students
enrolled in various programs at the center. Of these, 4,558 were Full -Time equivalent students working towards
a degree or credential. In addition, Centennial Education Center students earned over 1,400 state approved'
certificates in English as a second language and career and technical education programs.
IL Proposed Program
A. Overview of Main Objectives
The "Seeds to Trees Academy: Digital Media and Information Technology Institute" program developed by the
Santa Ana Public Library in partnership with (SAC) is free comprehensive apprenticeship program comprised
of paid training and work - experience student internships and externships for 30 youth ages 16 -21 leading to
certifications and college credit in the fields of computer information technology, clerical office work, and
digital media. Of these 30 WIA eligible student interns, 15 youth (50 %) will be "Out -Of- School Youth" (ages
I6 -21) and 15 youth (50 %) will be "In- School Youth" (ages 16 -21). At least 3 (10 %) will be foster, probation
and/or youth with learning disabilities. A City internship program has now become a goal of the 5 year strategic
plan being drafted by the City. The Seeds to Trees Academy has a tradition of providing internships from the
Parks and Recreation Department. This project will now expand these internships opportunities to the Zoo, City
Treasurer, City Attorney, and the Plarming and Building Department.
The "Seeds to Trees Academy: Digital Media and Information Technology Institute" program is an
evolutionary outgrowth of the library's previously successful WIA funded " Seeds to Trees Digital Media
Technology program that the library implemented successfully for 3 years in partnership with the District's
(RSCCD) Corporate Training Institute (CTI). This revamped program takes the Seeds to Trees approach of
mentored paid training and work - experience apprenticeship program and adds additional elements that will be
increasingly beneficial to the participants of the program. These additional elements are: 1.) enrolling of all
participants in Santa Ana College and paid training in courses leading to transferable college credit, 2.)
increased focus on work - experience internships and externships at local businesses and city departments leading
to potential employment and 3.) A pilot program element that introduces participants to post - secondary
Massive Online Open Courses (MOOCs) in a structured staff /tutor led class -room workshop setting (Please
refer to attachment X for an informational packet on MOOC's).
Massive Online Open Courses Pilot Element — MOOCS are open online courses similar to online coursework
being offered by colleges and universities. The development of MOOCS began as a way to provide high quality
education to a larger and more diverse audience than had been previously possible. The structure of the courses
varies from short self -paced vocational lessons to advanced graded coursework from top universities. Industry
leaders in this field include Coursera, ALISON, Udacity, Saylor, and EdX. They offer a wide range of freely
EXHIBIT A
available courses with options for either paid certifications. The movement towards developing MOOCs has
been embraced by Harvard, MIT, Berkeley, Yale and other universities looking to reach wider audiences.
(https: / /www.coursera.ore/) These courses have the potential to be used to expose student from at risk
backgrounds to the rigors of higher education without the financial entry barriers they would traditionally face.
Industry specific coursework is also being designed and offered by leading tech companies seeking to create an
educated workforce that knows how to use their IT systems. AT &T and Google are both creating a series of low
cost courses that will allow students to obtain inexpensive credentials certifying marketable skills. This trend
toward industry specific training has been adopted by other MOOCs in areas with highly specialized
instructional needs. ALISON in particular is already being offered through government workplace centers in 18
states to supplement the changing skillsets needed by industry. http: / /alison.coin/ Human resource officers have
begun reporting that prospective employees with certified MOOC course work demonstrate a commitment to
upgrading skills and knowledge. This helps them gain a competitive edge compared to other applicants.
MOOCs are in still in the process of developing social and pedagogical models around their courses in order to
strengthen the completion rate among those enrolled in the coursework. This pilot aims to critically examine
how MOOCS can be improved to reach educationally underserved populations more effectively. We believe
that our program will improve the course completion rates by assigning a staff teaching assistant and dedicated
scheduling to support each MOOC participant throughout the program. These small adjustments to the learning
ecosystem could provide a cost effective method to help transition at risk Santa Ana youth into higher education
courses that will help to ensure their adaptability to future changes in the job market. This pilot will utilize free
MOOCs from Coursera, ALISON, Udacity, Saylor, and EdX to supplement the workload of each cohort.
http: / /www.saylor.org/ Advanced Learning Interactive Systems Online ( ALISON) will provide free high quality
industry recognized instruction in computer related fields. We will use Coursera, Udacity, & EdX to identify
STEAM, information technology, digital media and marketing related courses. Saylor will provide business and
soft skills courses as assed by our initial needs assessment. The courses will be done in a classroom setting with
dedicated a teacher assistant to help them complete the MOOC courses.
The program will provide participants with WIA Elements 1, 4 -10. The program will offer students tutoring,
study skills training, and instruction leading to the completion of a high school diploma and post - secondary
education readiness (1). Students will have the opportunity for occupational skill training in computer
maintenance and repair and clerical office skills, as well as media technology through Santa Ana College and its
Continuing Education Center Program (4), as well as work experience at the library creating design/content for
various agency and affiliate web sites, producing videos for the city's CTV -3 channel, and work experience at
externship sites at local businesses and city departments (5). During their work experience, the teens will
operate in teams, where the need for teamwork will help them to develop an understanding of the importance of
responsible behavior and an opportunity to display leadership (6). During the entire learning and working
period, youth will be monitored and supported by adults and responsible young adults from the library and the
College (8), and provided with the educational materials and equipment required to successfully complete the
program (7). A Masters in Counseling intern skilled in a variety of fields, including addiction and family
counseling, will be available to students as needed (10). Follow -up services for a minimum of 12 months after
program completion will be provided for youth to support educational and /or employment endeavors (9).
Upon eligibility determination, all 30 participants will be streamed into 3 program tracks.
Track 1: Out —of- School Youth: Microsoft Office Application certifications and Intermediate Digital Media
Apprenticeships (15 participants ): Digital Media Basics: 40 hours, Intro to Marketing: 50 hours, Intermediate Digital
EXHIBIT A
Media: 100 hours, MOOC's based certification trainings: 50 hours, Work Experience Internship /Externships: 160 hours
(400 hrs X $8.53)
Track 2: In- School Youth: Microsoft Applications certification and Intermediate Digital Media Apprenticeships
(15 Participants): Digital Media Basics: 40 hours, Intro to Marketing: 50 hours, Intermediate Digital Media: 100 hours,
MOOC's based certification trainings: 10 hours, Work Experience Internship/ Externships: 100 hours, (300hrs x $8.53)
The duration of the Seeds to Trees program is approximately one year (44 weeks), from August 2014 to June
2014 of the following year. In order for youth apprentices to receive the maximum benefits of the program
he /she must commit to between 7 -12 hours a week. These hours per week include instruction and work
experience, in addition to workshops to enhance participant skills.
There will be two full -time case managers assigned to this program. One case manager will be lead case
manager for Out -Of- School youth and the other case manager will be lead case manager for In- School youth.
Case managers will be assisted by part -time Sr. Tutor and Tutor staff assigned to the project. Students have the
opportunity of interacting with their respective Case Manager at each class, work experience or workshop. On
Average students and Case Manager interact 4 -5 times a week. For more intensive needs of the students, the
Case Manager and/ or additional support staff will be available.
III. Population
A. How many Youth will be served?
The Seeds to Trees Academy program will serve =30 youth. Of the 30 youth, 15 (50 %) will be "out -of- school
youth" (ages 16 -21) and 15 (50 %) will be "in- school youth" (ages 16 -21).
B. Will your agency be able to serve a minimum of 10% of youth from each of the following youth
populations: youth with disabilities, foster /emancipated youth, youth that have dropped out of high
school, and vouth on probation?
Yes, we will serve at least 10% of youth from the populations mentioned above.
C. Specify how the targeted youth populations (disability, foster /emancipated, probation, dropouts) will
be recruited. Include a Letter(s) of Support from organizations that have agreed to refer youth to your
program as Attachment C.
I. Foster Youth:
The library has developed a successful association with Orangewood Children's Foundation which serves foster
youth in Orange County, and they have agreed to refer emancipated foster youth for participation in the
program (refer to Letter of Intent from Orangewood Children's Foundation). Further, the Project Director has
been attending meetings of the Foster Youth Breakthrough Collaborative since 2009 and the Orange County
Social Services Agency has agreed to refer foster youth to the program (refer to Letter of Intent from the
Orange County Social Services Agency). Since several project employees are former emancipated foster youth
from Orange County, we will have staff on hand uniquely qualified to assist foster youth interns.
2. Probation Youth:
The "Seeds to Trees Academy" program plans to recruit youth who are on probation through our partnership
with the Orange County Probation Department who have agreed to refer probation youth for participation in the
program ( refer to Letter of Intent from Orange County Department of Probation). We have had tremendous
success with probation youth community service volunteers. Forty to fifty probation youth volunteer at the
library annually, and ten to fifteen of those remain as volunteers after their service hours are completed. We are
currently piloting a program specifically aimed at probation youth that includes workshops on adolescent
behavior and attitudes and how they resonate in a student's life, as well as classes in needed academic subjects.
EXHIBIT A
3. Youth with Disabilities:
The library has had a successful association with serving as a work experience site for the Santa Ana Unified
School District's Special Education Program Youth. The Transition Center has agreed to continue to refer
youth with disabilities to the Seeds to Trees Academy (please refer to Letter of Intent from SAUSD Transition
Center). Youth with physical disabilities will be welcome in the program, as will youth with mild learning
disorders. Youth with severe cognitive disabilities will find the educational components of the program too
demanding. With space in the program limited, it is necessary to offer the training only to those who can
benefit from it.
D. Describe your recruitment plan that will fulfill the requirement of enrolling 100% of Youth by the 2nd
quarter of the program (December 31, 2014).
Recruitment and outreach for the program will occur at the start of the grant cycle 7/1/2014. Prior to the start of
the program, the library TeenSpace staff will promote the upcoming "Seeds To Trees" program during its
Summer Volunteer Institute program which annually recruits over 120 summer volunteers, many of which are
WIA eligible, and it's Probation Youth Community Service program which has an average annual participation
of 40- 50 youth on probation. In addition to recruiting from its pool of WIA eligible summer volunteers, staff
will also make presentations at Orange County FYO (Foster Youth Outcomes) meetings, CASA (Court
Appointed Social Advocates) meetings and at local Santa Ana High Schools, to recruit candidates for this
program. In addition to Foster Youth, Probation and Youth with disability referrals, the Minnie Street Family
Resource center has agreed to provide referrals of interested participants to our program as well. We will begin
accepting notices of interest in the "Seeds To Trees Academy: Digital Media and Information Technology
Institute" in May 2014 ( refer to attachment W for recruitment flyer), and distributing and accepting
applications including gathering all documents required by the Service Navigator to determine youth WIA
eligibility in July 2014. Once youth eligibility is confirmed, youth will be hired as Work Experience employees
(WEX). It is anticipated that all this will occur in the month of August, 2014 in anticipation of the certificate
and courses which simulate a college semester. The ambitious goal at this point is to have already recruited and
enrolled at least 23 (76 %) of total 30 youth participants planned in the program. During this phase, all student
interns will also take a TABE assessment test to determine their basic skill level.
E. What are some of the barriers that the Youth populations face?
Basic Skills Deficiency: Among the youth served by the Santa Ana Public Library, there are a number of
barriers associated with poverty preventing the achievement of short and /or long term goals. The most common
barrier as concluded by the TABE test is basic skills deficiency. Student results indicate that a majority of
students are performing at or below an equivalency of 8.9 grade level. These students often have difficulties in
the completion of their education, since they are likely to fall behind in semester credits and in turn eventually
drop out of high school.
Poor Work History: Students with poor work history are at least 19 years of age and have never had a full -time
job. As students continue to search for opportunities in a competitive job market, they have fewer opportunities
with limited education and work experience. Many of the youth do not have reliable transportation to and from
school or to the place of employment. As a result it causes an attendance and /or punctuality issue. Many of the
students do not have professional clothing readily available for employment interviews or professional events.
These barriers are often setbacks for students.
High School Drop -Outs/ Lack of High School Diploma /GED: A significant number of youth in the
community of Santa Ana come from economically disadvantaged families. Low socio- economic status often
leads to a number of barriers impeding student success such as educational underachievement , higher likelihood
of high school dropout, offender, teen parent, and welfare dependency. Latino students comprise a majority of
EXHIBIT A
the student population in the Santa Ana Unified School District. Nearly seventy -two percent are reported as
dropping out. These students leaving school without a diploma will limit their opportunities for personal and /or
professional success by not having the appropriate education or training for the labor force. It is known that
high school dropouts earn less wages, are more likely to commit crimes, and are considered less healthy both
physically and emotionally than students that graduate. Many jobs in the market require a high school diploma,
so that youth who do not graduate contribute to increasing unemployment rates among youth, juvenile arrests,
gang affiliation and births to teens, perpetuating the poverty cycle.
Lack of post - secondary education/ training: For students who do earn a high school diploma, many do not
enroll in post- secondary institutions. Instead, they enter the workforce to assist their families financially. But
with limited education, training, and/or experience it is difficult to find employment with sustainable earnings.
As a result many youth become frustrated with their current situation and resort to substance and /or drug abuse
for an escape. Additionally, students who do enroll in post- secondary education are often first generation
students and therefore have difficulties adjusting to the role of college student. Students are often unaware of
the resources on campus available to assist them with the completion of their degree. Therefore many students
perform poorly and eventually drop out of college.
F. How will your agency address the barriers that youth encounter?
The "Seeds to Trees" program plans to recruit youth with barriers to employment, educational advancement,
and a successful future. The Seeds to Trees program will supports students by providing resources, knowledge
and /or informational tools to find personal connections for educational and local workforce opportunities.
Students will attend or partake in various activities to enhance their educational, employment and life skills.
Youth who are TABS tested and determined basic skills deficient will be provided with one -on -one tutoring in
order to assist them improve the skills that they are deficient in. All youth participants will be provided with
valuable work experience via internships and externships opportunities offered by the Seeds to Trees Academy.
Youth participants who are drop -outs or in danger of dropping out will be enrolled in the SAC school of
continuing education high school diploma or GED completion program and will be provided with one -on -one
tutoring to assist them with classes. All youth participants will be provided work training leading to state
recognized certificates in computer maintenance and repair or general clerical as well as industry recognized
certificates in customer service and digital media disciplines. To address the barriers to post - secondary
education, all youth will be enrolled into Santa Ana College, and will be provided specialized college course
training leading to college credits upon completion.
Given the dramatic 13% decline in the employment prospects of American Teens recently reported by the
Brooking Institutions, it is vital that training program offer flexible education models that can adapt to changing
needs of employers. Their report found that many of these workers would face permanent effects of being
locked out of the job market. Per the research findings in the report we believe that our MOOC pilot program
cohorts can help to link high school students to post - secondary educational credentials. Furthermore these
courses will help to strengthen career and technical education opportunities in industry specific areas. These
educational opportunities provide a way for high school dropouts to receive advance training in industry related
fields. An additional benefit of these courses is that they are highly adaptable to local job market conditions and
can be tailored to the regional labor market as the Brookings institution suggests
IV. Employment
A. Specify how your agency will help youth attain employment.
EXHIBIT A
Agency will assist youth apprentices in attaining employment via a series of employment skill development
workshops, internships and externships leading to potential employment, and emails with weekly job postings.
We will focus on STEAM and green collar industries when placing an individual at an employment site.
B. What types of services /workshops /resources will be provided to help youth attain employment?
Interns will attend career skills onsite instructor based and MOOC based workshops on resume and cover letter
creation, interviewing techniques and "Dressing for Success" as part of their on -the job training. Towards the
completion of their program, interns will also attend workshops on job searches, submit applications, and post
their resumes on several sites. The youth are brought into contact with potential employers and taught to present
themselves effectively in the job market. Students have access to an employment binder where a number of job
postings are included weekly. In addition the Case Manager sends several job leads to each participant's email
weekly
C. Specify the names of the employers that your agency has partnerships /agreements with, who will hire
oY uth.
Suavecito Inc., The Vazquez Law Group, Heritage Museum of Orange County, and host agency Santa Ana
Public Library has agreed to hire youth apprentices who have interned /externed at agency contingent upon
youth work performance and availability of resources. Additional potential employers who have committed to
hosting interns, and may hire youth apprentices who have interned in their sites are the Santa Ana Business
Council Inc., Knowlwood Enterprise Inc., The Frida Cinema, and the following City of Santa Ana departments:
Treasury Department of the Finance and Management Services Agency, the Plamiing and Building Agency, the
City Attorney's Office and the Santa Ana Zoo. Staff will continue to pursue additional employer partnerships
during the course of the program to ensure that youth get a wide variety of employment options.
D. Please provide Letters of Commitment from employers willing to hire your youth participants.
Please refer to Attachment D for letters of Commitment
E. What types of employment services will be provided to youth after they exit the program (retention,
transportation assistance, resources, etc.)
After exit, students will continue to have access to the employment binder and also receive emails from Case
Manager in regards to possible job leads.
V. Work Based Learning
A. Describe in detail the work based learning opportunities that will be offered to the youth such as: paid
work experience, internships, externships, job shadowing, and work based learning.
The entire format of the "Seeds to Trees" academy program is one that focuses on work based learning
opportunities. First, all 40 WIA eligible youth are hired as apprentice Work Experience employees (WEX) and
paid an hourly wage to receive a complete in -class and on- the -job training work experience that they can use to
propel them into higher education, employment and /or self - employment as a freelance entrepreneur. As part of
their work experience, all apprentices will be provided opportunities to internship onsite, as well externship at
sites that have committed to hosting interns from our program. Job shadowing and work based learning will be
a part of this program of this program.
B. List some of the employers that will assist in the work based learning opportunities.
Suavecito Inc, The Vazquez Law Group, Heritage Museum of Orange County, and host agency Santa Ana
Public Library, Santa Ana Business Council Inc, Knowlwood Enterprise Inc., The Frida Cinema, and the
following City of Santa Ana departments: Treasury Department of the Finance and Management Services
Agency, the Planning and Building Agency, the City Attorney's Office and the Santa Ana Zoo. Staff will
EXHE3IT A
continue to pursue additional employer partnerships during the course of the program to ensure that youth get a
wide variety of externship and work -based learning opportunities. We will focus on STEAM technology and
green collar industries.
C. If applicable, please include a cony of the Work Based Learning policy as Attachment E.
Policy attached – Please see attachment E
D. Will your agency take youth to real companies /businesses to become acquainted with the various
employment industries?
Yes. Some fieldtrips are planned for PBS So Cal studio (refer to attachment F letter of intent), Univision and
Public Relations firm. Additional company tours will be arranged during the duration of the program.
Additionally youth placed at externship sites will gain valuable experience becoming acquainted with
employment industries represented.
E. Will youth have the opportunity to meet or hear from real employers?
Yes. This will be achieved via fieldtrips and tours, and externship placements. In addition to this, all student
interns will attend several workshops put on by the RSCCD Youth Entrepreneurship Program (YEP) at the
Santa Ana Public Library as part of their on -the job work experience where they will be introduced to several
local entrepreneurs from whom they will learn valuable employment lessons.
VI. Certificates /Diplomas /Credentials
A. What type(s) of certificates will youth be able to earn while in your program?
Santa Ana College Course Credits
a. 3 College Credits: Marketing 113 - Principles of Marketing (40 youth)
b. 3 College Credits: Communications & Media Studies 102 -Multimedia Storytelling (15 Youth)
c. 3 College Credits: Business Applications -164 Introduction to Adobe Photoshop (15 youth)
d. 0.5 College Credits: Business Applications -043 Microsoft Certified Application Specialist Preparation
(15 youth)
2. Rancho Santiago Community College District
a. Youth Entrepreneurship Program (YEP) certificate of Completion
3. Massive Open Online Course (MOOC) Pilot Program Certificates:
a. ALISON — Advanced Learning Interactive Systems Online (Alison.com). Provides industry recognized
free certified training in a variety of subjects. Currently used by Employ Florida and Vir inia
Workforce Connection to train job seekers requiring additional skills and certifications.
(i) Microsoft Digital Literacy- IT Basics, Internet & Productivity Programs Diploma (30 youth) -
Diploma is verified by Microsoft and is industry recognized
(ii) Google Applications Certifications – courses and certificates developed and verified by Google and
is industry recognized
1. Google Webmaster Certificate
2. Google Fundamentals of Marketing Youth Business Online Certificate
3. Fundamentals Google Does Certificate
4. Exploring Google Apps Certificate
5. Google Applications for Business certificate
6. Fundamentals of Google Android Development Certificate
EXHIBIT A
7. Google AdSense Certificate
8. Google Analyties Certificate
9. Google SketchUp for 3D Modeling certificate
b. EdX- "is a not- for -profit offering the highest quality education, both online and in the classroom.
Founded by the Massachusetts Institute of Technology (MIT) and Harvard University, EdX offers online
learning to on- campus students and to millions of people around the world. EdX is building an open -
source online learning platform and hosts a web portal at www.edx.or¢ for online education ". In
addition to providing courses leading to certificates of completion from Harvard and MIT, EdX also
provides access to courses and certificates of completion from a host of highly accredited Universities
throughout the U.S and the world.
(i) Youth Participants will be able to participate in tutor assisted online courses leading to "Honor Code
Certificates of Achievement' from the university that administers the course. We will focus on
having tutor assisted courses focused on Digital Media, Information Technology, and /or Business
application topics depending on the availability of these courses on the EdX platform. (15 -30 Youth
Participants)
B. Describe the training that will lead to the certificate /diploma /credential.
Santa Ana College Course Credits:
a) All 30 youth will be enrolled in Santa Ana College, and will take a 3 unit course in Intro to Marketing.
20 youth will take it in the first semester (August - January), and the remaining 10 youth will take it in the
second semester (February- June). Successful completion of the course will lead to all 30 youth receiving
3 units of transferable college credits.
b) 15 youth (10 In- School and 5 Out-of-School) who are part of the track 2 and track 3 Seeds To Trees
Academy intermediate digital media technology track will take 3 additional courses leading to
transferrable college credit ( all these courses will be taken in the second semester (February- June):
i) 3 College Credits: Communications & Media Studies 102 - Multimedia Storytelling (15 Youth)
ii) 3 College Credits: Business Applications -164 Introduction to Adobe Photoshop (15 youth)
iii) 0.5 College Credits: Business Applications -043 Microsoft Certified Application Specialist
Preparation (15 youth)
2. Rancho Santiago Community College District Youth Entrepreneurship Program (YEP)
c) All 30 youth will participate in a 5 weeklong series of workshops (2 hours) that will teach them the
basics of entrepreneurship. This workshop will culminate in youth competing in teams to create a
market plan for a product that they develop and present. All youth participants who complete the course
will receive a certificate of completion. This training will occur in the second semester of the academy
February -June)
3. Massive Open Online Course (MOOC) Pilot Program Certificates:
d) ALI SON — Advanced Learning Interactive Systems Online (Alison.com).
i) Microsoft Digital Literacy- IT Basics, Internet & Productivity Programs Diploma (10 youth)
1. Each online course component will be presented in a class -room setting and be facilitated by a
staff/tutor.
2. Student will participate in the online classes as a group in groups of 10 upon determining
eligibility and hiring into the "Seeds to Trees" academy as a work experience intern.
EXH1113IT A
3. This course will take approximately 10 hours and after completion of coursework, participants
will take online assessment to receive diploma.
4. This program will be completed in August and September
ii) Google Applications Certifications — courses and certificates developed and verified by Google and
is industry recognized
1. Structure will be the same as above.
2. 30 youth participants will attend staff /tutor facilitated online class sessions onsite in leading to
certificates in the following programs:
a) Google Webmaster Certificate ( 30 youth)
b) Google Fundamentals of Marketing Youth Business Online Certificate (30 youth)
C) Fundamentals Google Does Certificate (30 youth)
d) Exploring Google Apps Certificate (30 youth)
e) Google Applications for Business certificate (30 youth)
3. Each course session will be about 3 hours, and will be completed in August and September
4. 15 students in intermediate digital media track program will receive additional in class tutor /staff
facilitated online training in:
a) Fundamentals of Google Android Development Certificate (15 youth)
b) Google AdSense Certificate (15 youth)
C) Google Analyties Certificate (15 youth)
d) Google SketchUp for 3D Modeling certificate (15 youth)
5. Each Intermediate track online course will take approximately 2 hours to complete and will be
provided in the second semester (February - Jame).
e) EdX online courses will be facilitated as in -class group sessions by staff /tutors during the ls` semester
(August - January) and 2 "a Semester (February -June) to either 30 participants or 15 intermediate digital
media track students depending on the course topics available.
C. If applicable, include Letters of Intent from the training aEencies.
Please refer to attachment F1 and F2 for letters of intent from Santa Ana College and the Youth
Entrepreneurship Programs. Please refer to Attachment X for a description of MOOC's and courses/
certifications available.
D. What types of occupations will the trainine /certificates lead to? Are those occupations in demand?
Please provide data and sources.
Caring mentors and teachers are only a part of the overall program designed to ensure that the participants are
able to find gainful employment upon existing the program. More importantly the "Seeds to Trees Academy:
Digital Media and Information Technology Institute" enables youth to undertake apprenticeship training in
technologically advanced fields. The Santa Ana Public Library is committed to providing the brightest possible
future for our young people through the attainment of in marketable skills sets in growing industries. An
examination of the California Occupational Employment Projections for 2010 -2020 suggests that computer
technology related skills can provide that path. According to this study the top 50 fastest growing occupations
include Software related fields that will grow at the projected rates of 31.9 with a median annual wage of more
than $100,000. Other fields requiring a bachelor's education include Marketing Specialists (24,600 jobs),
Database Administrators (3,600 jobs), and Software Developers (24,100 jobs). There will also be 31,200 jobs
for Computer Support Specialists that will not require a college degree. These positions will be able to be filled
with individuals with the correct technical training to meet that positions industry recognized requirements.
EXHD3IT A
The training from this program will open up students to the possibility of working in one of the industry clusters
that the WIB board identified in their 5 year strategic plan. These clusters include established fields of
hospitality, goverranent positions, and clerical positions in finance, insurance, and real estate cluster.
Opportunities for job growth also exist within the emerging clusters of advanced manufacturing, information
technology, and other scientific services. In the longer term, the Bureau of Labor Statistics' latest Occupational
Outlook ( httD:/ /www.bls.gov /oco /ocos09O.litin) suggests that video and web design - related employment will
grow between 8 and 24 percent in the next ten years (Please refer to attachment R for more detailed
breakdown).
Advances in information technology have inundated the lives of millions with a vast amount of media. User
generated content has fast become a source of news, entertainment, and artistic expression for an entire
generation of web savvy individuals. As e- commerce continues to grow at faster rates than the rest of the
economy, the ability to express one's insights with multimedia presentations has become an increasingly
marketable skill. Those individuals with the proper training and knowledge of software tools will be in a prime
position to excel in a 21st century economy. Many of our local youth are already naturally web savvy and are
open to the idea that they could one day follow a career in software creation. In this way, the academy taps into
a youth's desire for self - expression and teaches valuable work skills in the process.
E. Will your program be able to identify and develop a pathway for students that can lead them from
high school to career or college? Please elaborate on the specific pathway(s).
The programs will seek to work with small and large businesses to identify current and evolving job
opportunities and to learn what employers look for in candidates. The apprentice ship will give the students the
chance to earn college credit in career related fields. 2011 -2012 job shortages included positions in marketing,
computer programing, computer science marketing, and systems analysts. This is meant to expand our programs
focus on providing the skills necessary for our participants to engage high value jobs in the regions emerging
industries. The training provided in our work plan provides the participants with the first steps that they will
need to take in order to begin the process of obtaining the college education needed to begin a career in these
fields. The use of MOOCs is a tool with which the students are introduced and guided through college level
course work. It is our belief that this early introduction to a college education will encourage them to pursue a
degree after the program is completed.
VII. Workshops
A. Describe the workshops that will be provided to youth.
During the course of their on- the -job work, all interns will be assigned to attend several life skills development
workshops in areas of healthy living, green living, and independent living featuring domestic skills like
cooking, gardening and sewing basics. All these are programs are a general part of the TeenSpace
programming (Refer to attachment Y).
B. Will vour agency Drovide anv of the following workshops? If so, brieflv describe the content of the
workshops.
1. Financial Literacy/ Budget Management
Yes. Build Workplace Financial Education Program will be presented by Orange County Credit Union (refer to
attachment Y2 and attachment F)
2. Family Planning
Yes. The Orange County Child Abuse Prevention Center will provide a workshop on teen pregnancy prevention
(refer to attachment F)
3. Worker's Rights/Labor Laws
Yes. We intend to partner with the Orange Comity Labor Federation to provide a workshop on this topic.
EXHIBIT A
4. Analytical Skills at the Workplace
Yes. This workshop will be provided as an in class MOOC course
5. Health Resources
Yes. Sprouting Justice, will provide a workshop series on gardening and nutrition, and healthy living please refer
to attachment Y3
C. Can Your agency provide workshops on public sneaking skills to the youth?
Yes. Several TeenSpace staff has BA degrees in communication, theater, and /or rhetoric. In the past we
have had a series of workshops on public speaking and open Mic events.
D. Can your agency provide workshops on customer service skills to youth?
Yes. These workshops will be provided as in class MOOC course.
VIII. Post - Secondary Education:
A. Snecifv how vour aeencv will he1D vouth enter post- secondary education (college, apprenticeshi
vocational schools, career technical training, etc.)
i) The Seeds to Trees Academy program will be a blended program approach that combines traditional
post - secondary education in- person training and educational methods, with cutting edge online post-
secondary training and educational methods via MOOC's.
ii) All youth participants in the Seeds to Trees Academy will be enrolled in Santa Ana College, and will
at minimal be able to complete 3 college credits via the completion of an Intro to marketing course.
iii) Youth Participants in the Intermediate Digital Media Tracks will be able to complete up to 9.5 units
of transferable college credit.
B. How will your agency expose youth to the various post - secondary educational institutions (colleges,
universities, vocational training schools, apprenticeships, etc.).
i) Participants will be introduced to post - secondary education via MOOC's that will provide them
access to courses from some of the most elite universities in the U.S and the world.
ii) Interns will attend workshops on college searches, college applications, scholarships and financial
aid, as part of their on -the -job training. Interns will also be taken on fieldtrips to local colleges such
as Santa Ana College, Cal State Fullerton, Chapman University and the Art Institute in Santa Ana,
Cal State Long Beach and UC Irvine.
iii) The Santa Ana Public Library works closely with the Adelante program at Santa Ana College, an
initiative advocating for every home in the city to have a college degree. High School students may
enroll in the Adelante program and upon completion of general education requirements, admission to
either University of California Irvine or California State University Fullerton is guaranteed.
iv) Santa Ana College and Santa Ana Public Library have recently partnered to create a Higher
education center at the Santa Ana Central Library. As part of this partnership contract with SAC all
participants will be enrolled in college level SAC courses in the fields of marketing and intermediate
digital media. These courses will take place at Garfield Community Center. This will enable our
program to enroll each one of our participants in a center for higher education by the end of the first
quarter.
IX. Tutoring
EXHIBIT A
A. Specify how your agency will provide tutoring or tutoring resources to youth that need to improve
their literacy /numeracy sldlls.
The Santa Ana Public Library currently runs an after - school tutoring program in its Central Library and
Newhope Learning Centers as well as in its Central library and Jerome TeenSpace programs. All student
interns will have access to these tutoring services. Prior to acceptance into the program, all WIA enrolled youth
will take a TABE test to assess their levels of basic skills. All enrolled youth who are basic skills deficient will
be assigned a TeenSpace Sr. Tutor mentor who will schedule time to tutor them on a daily or weekly one -on-
one basis to increase their basic skills to the 9th grade level. Students who are not basic skills deficient will also
have access to one -on -one hands -on tutoring, primarily in English (as this is what is most needed in the
production field) with the goal of increasing the grade levels of their English abilities. Tutoring help will be
provided to in- school youth who are in 12th grade to complete their high school diploma. Out of school youth
who do not possess a high school diploma must enroll in the SAC Continuing Ed GED completion program.
Sr. Tutors mentors will utilize TeenSpace math and English computer software applications and MOOC courses
as a creative strategy to assist all their students increase their literacy and numeracy gains.
X. MentorinklSupport
A. Specify how Your agency will provide mentoring to youth.
Mentorship has always been a cornerstone of the Santa Ana Public Library's Teen (12 -18) and Young Adult
(18 -24) programming, and thus it will be a cornerstone of the "Seeds to Trees Academy" program as well. All
program participants will be assigned a Tutor Mentor, who they will meet with individually on a weekly basis
for 30 minutes as part of their on -the job training. They will discuss the progress of their vocational and on -the
job training as well as any additional educational tutoring and support service needs that they may have. Tutor
Mentors will provide the necessary resources to meet their mentees' needs. Tutor Mentors will also schedule
their mentees' tutoring time at this meeting. In addition to mentoring from their assigned Tutor Mentors,
interns will also receive mentorship on their particular production projects from project mentors. These Project
Mentors will be responsible for helping interns develop and produce content for programming on specific
topics. They will also receive mentoring from the Lead Case Managers who will meet with them on a bi-
monthly basis to track their progress and needs. Interns will also receive additional mentoring from their in-
class vocational training instructors and externship employers.
B. Specify what types of support your agency will offer youth who are facing challenging obstacles such
as: family dysfunctions, mental health issues, substance abuse, low self- esteem, probation, gang issues,
parenting issues, etc.
A staff member with a MA in mental health counseling will be available on a weekly basis to provide
counseling services to youth having challenging obstacles. Counselor will compile a resource binder for us to
refer youth to.
C. Will your agency offer mental health services or referrals? Please describe.
Yes, we will offer counseling per previous answer and will provide referral service to local service providers.
D. Will your agency provide supportive services to Youth such as gas cards, bus pass, childcare
assistance, etc? If so, please describe and include the Supportive Service Policy as Attachment G.
EXHIBIT A
No. Seeds to Trees Academy program does not provide supportive services. We provide all transportation to
and from training sites. We will provide referral services to meet youth needs.
E. Will your agency provide incentives to youth for accomplishing program benchmarks or personal
goals? If so, please describe and include the Incentive Policy as Attachment H.
No, we do not provide incentives as our focus is in providing a paid work experience and training. We do
however have a scholarship program that has been established by one of our previous WIA Seeds to Trees
youth interns; "The Moises Garcia Seeds to Trees" Scholarship which provides an annual scholarship of $300 to
a WIA youth
XI. Leveratre Funds
A. Can your agency leverage funds to offer a civic engagement opportunity to WIA youth and other
youth in the community aside from WIA youth participants?
Yes we are able to leverage our funding to include the WIA youth participants in a host of civic engagement
events throughout the programing calendar. The active engagement of Santa Ana youth in civic affairs is part of
the core mission for the SAPL TeenSpace program.
B. What type of civic engagement opportunities will your program engage youth in?
All interns will also have the opportunity to join the Teen Library Club volunteer program, and participate in
the many community and library volunteer service projects the club participates in, such as the Santiago Creek
Clean -ups, OC Marathon Clean -ups, Heritage House Gala Fundraisers, Autism Walk, Library Halloween
Haunted House, Santa's Corner, and Library Book Sales. Interns will also have the opportunity to develop their
leadership skills at a Teen Library Leadership curriculum program. The Youth Leadership program is a six -
month, once -a -week curriculum culminating in a manual of topics and /or community service projects discussed.
Some of the additional events this year include the organization and promotion of photo scanning events to
preserve and share local history. Additionally all student interns will spend a portion of their on- the -job work
time assisting TeenSpace staff in one of our "Buddy" programs. As part of the "Buddy " program, student
interns will be given the opportunity to learn to mentor and serve as role models to younger children (4 -11) in a
variety of our ongoing `Buddy" programs such as "Reading Buddy ", "Math Buddy ", "Art Buddy ", "Sports
Buddy ", "Healthy Buddy ", "Garden Buddy ", "Acting Buddy" and "Science Buddy ".
C. How many youth will participate in the civic engagement opportunity?
All 30 of the WIA youth will be part of these civic engagement projects. The attendance of the individual events
ranges from 5 -60 people depending on the size of the event. Most of the session will take place in groups
smaller than 20.
D. Can your agency leverage funds to host work readiness type of workshops once per month at local
after - school programs in Santa Ana.
Yes we have strong history of partnering with other local agencies to provide a steady stream of career and life
skills courses. Our partnership with the OC Probation's Department REACH program gives us access to
monthly sessions for our participants to attend.
XU. Common Measures
EXHIBIT A
- Please see following page-
X111. Prior Outcomes
a. If your agency was previously awarded a WIA contract through the Santa Ana Workforce
Investment Board please disclose your agency's past performance outcomes for the past 1 -2 years:
COIYIIYION =
gZ20��
�UR 1�Fam
5 1
xample3 ` 15 33 °jo
Increased Literacy /Numeracy
7 — 8 = 88 %
Skills
8 - 8 = 100 %
Entered Employment or Post-
4 — 4 = 100 %
Secondary
1 — 1 = 100 %'
Attained
Credential/Diploma/Certificate
20 + 20 = 100 %
20 20 = 100 %
XIV. Fiscal CoMeteney
A. Describe the process used to capture and report fiscal data.
The City of Santa Ana uses the Lawson Financial Management System to capture, report, and monitor revenues
and expenditures. Grants are provided a unique accounting unit and activities are used to track grant program
expenditures and grant matching fiends. Every expenditure requires an accounting unit and activity number.
Lawson is capable of generating reports at the accounting unit or activity number level.
B. Attach a copy of the orEanization's procurement policies and procedures as Attachment I.
Attached
EXHIBIT A
C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs?
The management of the City of Santa Ana has established a comprehensive internal control framework that is
designed both to protect the government's assets from loss, theft, or misuse and to compile sufficient reliable
information for the preparation of the City's financial statements in conformity with GAAP. Because the cost of
internal controls should not outweigh their benefits, the City of Santa Ana's comprehensive framework of
internal controls has been designed to provide reasonable rather than absolute assurance that the financial
statements will be free from material misstatement. As the City, we assert that, to the best of our knowledge and
belief, the financial information is complete and reliable in all material respects.
Additionally, the City is also required to undergo an annual "Single Audit" in conformity with the provisions of
the Single Audit Act of 1996 and U.S. Office of Management and Budget (OMB) Circular A -133, Audits of
States, Local Govermnents, and Non -Profit Organizations. The standards governing Single Audit engagements
require the independent auditor to report not only on the fair presentation of the financial statements, but also on
the audited government's internal controls and compliance with legal requirements, with special emphasis on
internal controls and legal requirements involving the administration of federal awards.
D. Describe invoicing process and list qualifications of staff assigned to task.
The invoicing process will consist of a review of each period's expenditures, identifying eligible expenditures
and submitting a periodic report documenting eligible expenditures. Staff assigned to this task has many years
of experience in reporting to local, state and federal agencies. Additionally, staff assigned to the task has
performed this function during prior grant years. With each WIA report submitted staff continues to gain
experience to provide information more efficiently and effectively.
E. ,Describe how your agency's financial stability is not dependent on WIA funds.
The City receives over $400 million in revenue each year. Additionally, Parks, Recreation, and Community
Services Agency (PRCSA) is appropriated approximately $17.7 million from the General Fund. The amount
requested in WIA funds is approximately $400,000, which represents approximately 2% of the Agency's
General Fund appropriation and therefore the Agency's financial stability is not dependent on WIA funding.
On the other hand, while the amount of WIA funding is small in comparison to PRCSA General Funds, these
funds allow PRCSA to provide very valuable educational opportunities to Santa Ana residents. With such a
large City the demand for services often exceeds the available resources. For this reason PRCSA is requesting
WIA funding to provide services that otherwise would not be provided by the City due to the limitation of
funds.
F. Submit most recent 2 years of audited financial statements as Attachment O with the Audited
Financial Statement Form signed.
For a complete look at the 2 latest Comprehensive Annual Financial Reports for the City of Santa Ana please
visit: http: / /www.santa- ana.org /finance /cafr/default.asp
XV. Subcoutructiu�
EXHIBIT A
A. Subcontracting client services /activities is not permissible under this contract However, if planning to
subcontract non - client services such as payroll services, lease of equipment etc. , then please identify the
subcontractor and the estimated cost for the services.
The Santa Ana Library and partner Santa Ana College will not subcontract non - client services. All services will
be provided by the Santa Ana Public Library or by Santa Ana College.
B. None of the duties or work to be performed by the proposing agency shall be subcontracted or
assigned to any other agency, consultant, or person without the prior written consent of City. Proposing
agency must submit all subcontracts and other agreements that relate to this Proposal to City. No
subcontract or assignment shall terminate or alter the legal obligations of proposed program.
The Santa Ana Library and partner Santa Ana College will not subcontract non - client services. All services will
be provided by the Santa Ana Public Library or by Santa Ana College.
EXHIBIT A
SANTA ANA PUBLIC LIBRARY
WORK BASED LEARNING APPRENTICESHIP
PAID WORK EXPERIENCE (WEX) POLICY
The Seeds to Trees Academy: Digital Media and Information Teclutology Institute at Santa Ana
Public Library in partnership with Santa Ana College and its School of Continuing Education will
provide paid on- the -job experiences (WEX) and vocational training and certification for WIA
eligible youth ages 16 -21 at the Santa Ana Public Library (SAPL) in Digital Media , Information
technology and customer service.
The operational plan of the Seeds to Trees program combines a paid apprenticeship model that
combine on- the -job internship component at the Santa Ana Public Library producing digital
media content for the city's CTV3 and Seeds to Trees Spotlight Website, paid externships at
local businesses and city departments, as well as related classroom instruction by School of
Continuing Education designed to maximize the value of on- the -job experiences, job
shadowing, industry specific workshops, and other skill building workshops.
Purpose
Seeds to Trees Academy: Digital Media and Information Technology Institute: 1.) Introduces
WEX student interns to digital media and information technology; 2.) Allows them the
opportunity to directly put into practice training learned in class, via the production of
video and web content for Santa Ana's CTV3 and "Seeds To Trees Spotlight Website via
internships onsite; 3.) Prepares them for employment via externships ; 4.) Provides
increase in their literacy and/or numeracy skills; 5.) Prepares them for entry into post-
secondary education 6.) Provides Work Based Learning (WEX) interns with opportunities
for certifications in, Clerical Office Skills, Microsoft Information Systems, and Google
Programing Specialties, 7.) Provides work based learning participants with training
leading to college credit, 8.) Provides students the opportunity to learn to work with
mentors and peers in ways that are successful and rewarding.
Scope of Work
Work Base learning apprentices will receive paid training and on -the job experience
via through 2 tracks of training:
Track I: Out —of- School Youth: Microsoft Office Application certifications and Intermediate
Digital Media Apprenticeships (15 participants ): Digital Media Basics: 40 hours, Intro to Marketing:
50 hours, Intermediate Digital Media: 100 hours, MOOC's based certification trainings: 50 hours, Work
Experience Internship/ Externships: 160 hours (400 Ins )
Track 2: In- School Youth: Microsoft Applications certification and Intermediate Digital Media
Apprenticeships (15 Participants): Digital Media Basics: 40 hours, Intro to Marketing: 50 hours,
Intermediate Digital Media: 100 hours, MOOC's based certification trainings: 10 hours, Work Experience
Internship/ Externships: 100 hours, (300hrs )
EXHIBIT A
YOUTH PROTECTION GUIDELINES
LIBRARY DEPARTMENT
PURPOSE
The City of Santa Ana understands the importance of protecting youth in the community and in
our programs and therefore wishes to provide a safe and secure environment. The City will
provide practices that will protect youth from incidents of misconduct or inappropriate behavior
and also protect the employees and volunteers from false accusations.
Staff - all employees, full and part -time, and program volunteers that have any contact with youth.
Youth - individuals 17 years of age or younger.
SCREENING
All City of Santa Ana Library staff having direct interaction with youth will be screened in
accordance with these guidelines. Screening components include:
• Written Application
• Personal Interview
• Reference Check
• Background Check (Live-Scan)
TRAINING
All staff will receive an orientation that includes:
• Review of policies related to prevention of child abuse and
• Participation in Youth Protection Training.
ONE -ON -ONE CONTACT
• A minimum of two staff should be assigned to each program or activity.
• Staff members will never be alone with an individual youth where they are not observable
by others.
CONTACT WITH YOUTH
It is understood that caring quality staff will develop positive relationships with youth while
involved in programs and activities. The following practices will be followed to ensure the
protection of both youth and staff outside of City of Santa Ana Library programs and activities.
• Staff will not initiate contact with or accept supervisory responsibility for youth outside of
the City of Santa Ana Library programs and activities, including baby- sitting or private
instructions. Staff with prior or family relationships to youth may be exempted from this
restriction with prior documented Executive Director approval.
EXHMIT A
YOUTH PROTECTION GUIDELINES
LIBRARY DEPARTMENT
June 2013
• Staff will not communicate with youth outside of City of Santa Ana Library programs via
written, electronic or other means without express Executive Director approval.
• Staff will appear and behave in a manner consistent with the mission and values of the City
of Santa Ana Library at all times while on or off duty; including electronic, written and
verbal communications.
CHILDREN'S INTERNET PROTECTION ACT (CIPA)
In accordance with CIPA, all Library Department public computers shall contain Internet
filters to protect children from harmful online content.
REPORTING REQUIREMENTS
Any allegation of abuse or neglect must be reported immediately or as soon as practically
possible. City of Santa Ana Library staff is recognized as mandated reporters and will follow
current regulations and guidelines for the reporting of abuse.
Staff will follow the internal chain of command for the report of abuse and may report directly
to local authorities. If an incident of abuse or neglect is alleged to have occurred at or during
a City of Santa Ana program or activity, the following procedure shall be followed:
1. The parent or guardian of the child will be notified.
2. The appropriate authorities will be notified; consistent with local, state and /or federal
regulations.
3. The alleged perpetrator of the abuse or misconduct will immediately be placed on
leave pending an investigation.
4. An incident report will be completed.
S. The City of Santa Ana Library will cooperate with any City internal investigation or
outside investigation of the incident by state or local authorities.
6. Any person who is found not innocent of the alleged abuse or misconduct will be
removed from their position with the City of Santa Ana Library.
MONITORING
These guidelines will be reviewed and updated as needed or on an annual basis.
I hereby acknowledge receipt of these guidelines and understand that any violation of these
guidelines will result in disciplinary action, up to and including termination.
Print Name
Signature
Date
Lib rary /Yo uth Prote ctio n G uid eline sJ u n e2013
EXHIBIT A
YSPN MEMBER PERFORMANCE PLAN 2014-2015
WIA YOUTH POPULATION
(NOTE: 100% OF YOUTH MUST BE ENROLLED BY 2N° QUARTER-DECEMBER 31, 2014)
rp-qt h7ffitre,7$�r7%t
ffi%ffifflffi%� MIKA
16-21
15
W"n a
16-21
15
MIMIC
30
25/75%
$47,500
PROJECTED ENROLLMENTS & EXPENDITURES
(NOTE: 100% OF YOUTH MUST BE ENROLLED BY 2N° QUARTER-DECEMBER 31, 2014)
ffi R ts
0 AR I WIN
_110
ffi%ffifflffi%� MIKA
-MIN
Urte x`
W"n a
1. Tutoring, study skills training, and instruction,
X
MAINE
25/75%
$47,500
42 1,%V6rCfiC1(fi_ Rft�-
410
5/15%
$47,500
e
30 x 65%
$47,500
eff'd I gwgue
$47,500
social behaviors during non-school hours, as
30 x 67%
= 20
appropriate;
$190,000
2. Alternative secondary school services, as
7. Supportive Services (e.g. tools, books, clothing, etc.);
PERFORMANCE GOALS/COMMON MEASURES
*DISCLAIMER: OUTCOMES ARE SUBJECT TO INCREASE/DECREASE DEPENDING ON YOUTH POPULATION
a t" 0 PL NO
ffi%ffifflffi%� MIKA
W"n a
1. Tutoring, study skills training, and instruction,
X
6. Leadership development opportunities which may
30 x 74%
= 22
include community service and peer-centered
X
e
30 x 65%
= 20
eff'd I gwgue
social behaviors during non-school hours, as
30 x 67%
= 20
EXHIBIT B
1. Tutoring, study skills training, and instruction,
X
6. Leadership development opportunities which may
leading to completion of secondary school,
include community service and peer-centered
X
including dropout prevention strategies
activities encouraging responsibility and other positive
social behaviors during non-school hours, as
appropriate;
2. Alternative secondary school services, as
7. Supportive Services (e.g. tools, books, clothing, etc.);
appropriate;
3. Summer employment opportunities that are
X
8. Adult Mentoring for the period of participation and
directly linked to academic and occupational
a subsequent period for a total of not less than 12
learning (this element cannot be offered as a
months;
activity);
--stand-alone
4. As appropriate, paid and unpaid work
X
9. Follow-up services for a minimum of 12 months
X
experiences, including internships and job
after the completion of participation as appropriate;
and
--shadowing;
S. Occupational skill training, as appropriate;
X
10. Comprehensive guidance and counseling which
X
may include drug and alcohol abuse counseling and
referral, as appropriate.
EXHIBIT B
COMPLAINT HANDLING
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
MTl
Santa Ana Local Workforce Investment Area
Revised May 7, 2009
EXHIBIT C
Table of Contents
I. Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints 3
1. Policy Statement 3
2. Civil Rights 4
3. Nondiscrimination laws under WIA 4
4. How to File Your Comp
B. Criminal Complaints 6
II. General Procedures for Handling Non - Criminal Violations of the Act 6
III. Procedures for Handling Complaints at the LWIA Level 8
IV. Procedures for Handling Complaints at the State
12
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Handicap Complaints by Participants 17
GLOSSARY OF WIA TERMS
2
EXHIBIT C
Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa
Ana Local Workforce Investment Area (LWIA) will establish programs to prepare
youth and unskilled adults for entry into the labor force and to afford job training to
those individuals facing serious barriers to employment. Every effort will be made to
provide services necessary for eligible individuals to obtain productive employment.
In implementing WIA, all contractors in the Santa Ana LWIA will foster equal
opportunity and non - discrimination, as provided in State and Federal equal
opportunity and non - discrimination laws including, but not limited to:
• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964
• The Age Discrimination Act of 1975, as amended
• Section 503 of the Rehabilitation Act of 1973
• Section 504 of the Rehabilitation Act of 1973
• Title IX of the Education Amendments of 1972
• Section 188 of the Workforce Investment Act of 1998
In keeping with our commitment, no individual shall be excluded from participation in,
denied benefits of, subjected to discrimination under, or denied employment, in the
administration or of in connection with any WIA funded program because of race,
color, religion, sex, national origin, age, handicap, or political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part under
WIA shall be open to citizens and nationals of the United States, lawfully admitted
permanent resident aliens, lawfully admitted refugee, parolees, and other individuals
authorized by the Attorney General to work in the United States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or participating in
any manner in an investigation, compliance review, hearing or any other activity
related to the administration of WIA.
EXHIBIT C
Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA)
Program is delegated to the Equal Employment Opportunity (EEO) Officer for the
Santa Ana local Workforce Investment Area. Equal opportunity and non-
discrimination, however, will only be achieved through leadership and implementation
of a viable Affirmative Action Equal opportunity Program.
2. Civil Rights
No one applying for or enrolled in the Workforce Investment Act (WIA) programs may
be discriminated against because of race, color, creed, handicap, national origin, sex,
age, political affiliation, or beliefs.
This means that — for any of the characteristics listed above:
• You may not be denied the opportunity to enroll in WIA.
• No benefits or services may be denied you for discriminatory reasons.
• You may not be segregated or treated any differently from other applicants or
participants, while you are being registered, interviewed, counseled or tested; or
while you are working or attending classes as part of the program.
• You must be provided an equal chance to use all facilities available in the
program.
• Fair employment practices must be provided to all staff with regard to recruiting,
hiring, transferring, promotions, training, compensation, benefits, layoff, and
termination.
You have the right to make a complaint if you feel you have been denied any of the
above opportunities. You cannot in any way be penalized for filing a complaint. Your
WIA sponsor has established a mechanism for handling complaints and grievances.
Your complaint must be filed within 180 days. All complaints will be handled
confidentially.
3. Nondiscrimination Laws under WIA
Title VI of the Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or religion.
The Age Discrimination Act of 1975
Prohibits arbitrary discrimination against persons age 40 -70.
The Rehabilitation Act of 1973
4
EXHIBIT C
Prohibits discrimination based on handicap.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity receiving
federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Rights Acts of 1964
Prohibits discrimination in employment based on race, color, religion, sex, or
national origin in all terms and conditions of employment and establishes the
Equal Employment Opportunity Commission as the administrative agency.
White House Executive Order no. 11246 as Amended by Executive Order No.
11375
Creates the office of Federal Contract Compliance and prohibits discrimination
based on race, color, sex, religion, or national origin.
Department of Labor Secretary's Order no. 4 -73
Prohibits discrimination based on sex.
Equal Pay Act of 1963
Prohibits pay differential solely because of sex.
Emergency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, political affiliation, or
beliefs.
4. How to File Your Complaint
a. Put your complaint in writing.
b. Have it sworn to before a notary public, if possible.
c. Provides details that tell what happened, where it happened and when it happened.
d. Give the name and addresses of all persons who were present or who had anything
to do with the matter.
...Complaints on the basis of race, color, or national origin, age, sex, religion,
political affiliation or belief, retaliation and citizenship, must be filed within 180
days of the alleged occurrence directly with:
s
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."
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
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.
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.
Complainants must initially file and exhaust LWIA grant recipient/hearing procedures
prior to appealing to the State except where the State determines that the LWIA grant
recipient's procedures are not in compliance with the State's procedures.
III. Procedures for Handling Complaints at the LWIA Level
A. Receipt Complaints
Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative
entities have the responsibility to conduct hearings and resolve complaints made by
individuals about the administration of programs in the LWIA. "LWIA level" encompasses
LWIA administrative entity and employers to which the administrative entity has delegated
the complaint resolution process. The following comprise the guidelines for resolving issues
arising in connection with WIA programs operated by the Santa Ana LWIA including
resolutions of complaints arising from actions, such as audit disallowances or the imposition
of sanctions taken by the Governor with respect to audit findings, investigations or
monitoring reports.
1. Form and Filing of Compliant
Official filing date of the compliant is the date the written complaint is received. The filing
of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall
be considered as a request for hearing and a decision must be issued within 60 days.
The complaint must be in writing and must be signed and dated. The complaint should
also contain the following information:
a. Full name, telephone number, if any, and mailing address of the complainant;
b. Full name, telephone number, and mailing address of the agency involved (respondent);
c. Clear and concise statement of facts including dates constituting alleged violation;
EXHIBIT C
d. What provisions under the Act, regulations, grant or other agreements under the Act, are
believed to have been violated;
e. Remedy sought by the complainant; and
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.
If resolution does not result, the complainant shall be provided the necessary information
and assistance to request a hearing if he /she so desires.
3. Request for Hearing
a. As in the case of the complaint, the request for a hearing should be put in writing and
be filed in person or by mail. A governing board resolution of authorization to appeal
should also be submitted when appropriate. The request should be filled with:
Anita Queen
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M -24
Santa Ana, CA 92701
(714) 647 -5157
9
EXHIBIT C
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.
10
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
IV
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.
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.
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
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).
is
EXHIBIT C
PROCEDURES FOR HANDLING NO.N -CRIMINAL COMPLAINTS
No later Mon
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
Informal Resolution Process
o
Unsatisfactory Decision or LWIA Decision not issued within 60 days
w
0
O
0
Request for State Review � w
Governor's Decision issued by State Review Panel
If no decision issued by State Review Panel
Appeal to DOL
16
EXHIBIT C
0
0
1
c
c
C
t
F
V
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
1. 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.
v
EXHIBIT C
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.
The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt
of the request for review.
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.
ss
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
If no resolution reached
Request for Hearing
Notice of Hearing
Hearing Conducted
LWIA Decision
Unsatisfactory Decision or No Decision
State Review
Governor's Decision
Appeal to Assistant Secretary Department of Labor I
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
..�an more than $110,000 for each such failure.
A-7,, Zarb 4,,, '1, r,,) c�lC�aLkf l e' /
Grantee /Contractor Organization
�.0
Signature
Elf A--n f C;
Name of Certifying Official Signature
EXHIBIT D
� -/f -1q.
Date
im
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 e
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.
6 a 1141e_
Date Program Operator Si
City of Santa Ana/ Sara Ana Library
EXHIBIT E
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: City of Santa Ana/ Santa Ana Library
Name of Contractor: City of Santa Ana/ Santa Ana Library
Contractor Number:
Date:
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):
26 Civic Center Plaza, Santa Ana, CA 92702
EXHIBIT E
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were
published as Part VII of the May 16, 1988, Federal Register (Pages 19160- 19211).
(Before completing certification, read instructions which are an integral part of certification)
1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief,
that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
b. Have not within a three -year period preceding this proposal been convicted or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction or contract under a public transaction; violation of federal or state antitrust
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (federal, state or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three -year period preceding this application /proposal had one or more
public transactions (federal, state or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
A�14s
Grantee /Contractor Organization
Q0- ar t. Au-ery'A V—Ypc4�.✓C? D %Pc7 ®i
Name and Title of Official Authorized to Certify
On Behalf of the Grantee
Date
LXI -IMIT P
26
Budget Form
IBM% Pwa-Pni"Buggigg 'P_ — ME P-1
W
Lead Case Manager (I FTE)
Administrative
Cost (Not to
Exceed 10%)
i . 1.
Total
Program
Cost
I'll, I I
$44,947.20
Total WIA Cost
MINES M,
$33,710.40
Match/In Kind
$11,236.80
Project Director
$28,749.00
$28,749.00
Technology/CTV3 Coordinator
$20,535.00
$20,535.00
Library Services Manager
$15,276.00
$15,276.00
Support Staff/ Tutor/Mento
13V 12PEN BPI
Lead Caseworkers (I FTE)
fjrl j PION I d
$92,041.00
. !
$13,974.08
$22,540.00
$10,480.56
$69,501.00
$3,493.52
Project Director
$8,912.19
$8,912.19
Technology/CTV3 Coordinator
$6,365,85
$6,365.85
Library Services Manager
$4,735.56
$4,735.56
Support Staff/ Tutor/Mentors (.8 FTE)
$17,065.35
$1,836.76
$15,228.59
Total Personnel -Salari3O & Benefits
$0.00
$25-2,601.23
$U,W.72 $184,033.51
er 11 EWEN
Rent
Utilities
Phones
Internet Fees
Parking Fees
Security
Maintenance
Insurance
Equipment rental fees*-----
Equipment rental fees*
Vehicle lease*
Office expenses (consurnables) -
Accounting Services
Legal Services
Auditing Services
Indirect Cost*
$3,408.77
$3,408.77
$3,408.77
Staff Training
Staff Conferences/Youth Conferences
$1,300.00
$1,300.00
Staff Travel/Mileage
Participant Wages*
Supportive Services*
$96,873.501
$96,873.50
Participant Incentives*
Other- Vocational Training
$19,850.00
Total Operating Expenses $3,408.77 $101,582.28 $121,432.28 $0.00
1"jE O,,
,,N T !so $3,408 {774 - $1847 3';-
JGBA q-T q " Alin—
EXHIBIT G
Budget Narrative: WIA Funds -65% of budget Spent directly on youth in the form of paid work
experience, and training / 34% budget spent on youth case management, mentoring and tutoring
I. PERSONNEL SALARIES:
1 Lead Case Managers (1 FTE):
i.) Lead Case Manager: Responsible for management of all student interns, maintaining WIA compliance, mentoring of
several youth, follow up services to previous year WIA youth and management of all employment and library based
training components. Assistant Librarian 100°/% (2000hrs) of $44,947 (annual salary) = $33,710.40 WIA; $ 11,236.80
In -Kind;
2. Program Director 05 FTE): Responsible for general oversight and direction of program. Principal Librarian —
Cheryl A. Eberly. 35% (700hrs) of $82,140 (annual salary) = $28,749.00 In -kind (In -Kind)
3. Technology /CTV3 Coordinator (.25 FTE): Responsible for oversight and management of technology aspects of the
grant, website and CTV3 television programming. Principal Librarian — Lynn Nguyen. 25% (500hrs) of $82,140 (annual
salary) = $20,535.00 In -kind
4. Library Operations Manager (.15FTE): Responsible for supervising library operations in relation to this grant.
Library Operations Manager - Heather Folmar. 15% (300hrs) of 101,834 (annual salary) = $15,276.00 In -Kind
5 Support Staff/ Tutor/Mentors
i.) Clerical Support Staff (.31 FTE) : Assist in document management, recruitment, eligibility determination, payroll of
staff, assist with overall operations, and inquiries and information technology courses. Clerk- $14.88 x 625 hours= $9,300
WIA; $8,928.00 In -Kind
ii.) Out -of- School Youth Tutor/Mentor (.25 FTE) : One -on -one mentoring and tutoring of out -of- school youth, and
coordination and instruction of several workshop/ MOOC components. Sr. Tutor - $14.37 x 1700 hours = $7,185 WIA;
$10,059.00 In -Kind
iii.) In- School Youth Tutor/Mentor (.25 FTE) : One -on -one mentoring and tutoring of in- school youth, and
coordination and instruction of several workshop/ MOOC components. Tutor - $12.11 x 1700 hours = $6,055 WIA;
$8,477.00 In -Kind
i.) MOOC's coordinator (.35 FTE): Responsible for management of all MOOC based training elements of program,
will mentor several out -of- school youth. Assistant Librarian 35% (700hrs) of $46,820 (annual salary) =$ 16,387.00 In-
Kind
ii.) Garfield Site Coordinator (.3 FTE): Responsible for management college credit course based training components
and video production workshops. Librarian 30% (600hrs) of $57,000 (annual salary) = $ 17,100 In -Kind
iii.) Graphic Design/ Website Design Course Coordinator (.15 FTE): Responsible for development of intro to graphic
design/ website design training components. Librarian 15% (300hrs) of $57,000 (annual salary) _ $ 8,550 In -Kind
II.) PERSONNEL BENEFITS: Benefits are calculated as percentage of Salary.
i.) Grant Funded Rates for Lead Case Workers (2 FTE) are as follows: PERS /Social Security (- 12.07 %), Medicare (-
1.45%), Health hnsurance (- 13.71 %), Retiree Health (- 0.90 %), Worker's Comp (2.96 %)
EXIIIBIT G
ii.) In -Kind Rates for Program Director, Technology Coordinator, Library Services Manager and In -Kind Full Time
Support Staff are as follows: PERS /Social Security (- 12.07 %), Medicare (- 1.45 %), health Insurance (-13.71%),
Retiree Health (- 0.90 %), Worker's Comp (2.96 %)
iii.) Grant Funded and In -Kind Rates for PT Clerical Support/ Sr. Tutor/ Tutor Mentor Staff are as follows: Deferred
Comp (- 3.75 %), Medicare (- 1.45 %), Worker's Comp (2.96°/x)
I11.) OPERATING EXPENSES: INDIRECT COSTS: The rate of 6.06% was used to calculate Indirect Cost using
salary w /out benefits base of $56,250.40 ( WIA funded personnel) _ $ 3,408.77 WIA Funds
V.) STAFF CONFERENCES = i.) CWA Conference cost for 4 youth interns (2 x $225)= $900
ii.) CWA Conference cost for ladult mentors (1 x $400) _ $400
IV.) PARTICIPANT WAGES: All youth will participate in a 44 week long combination paid Work Experience
training and internship /externship program. $96,873.50 WIA Funds
Track 1: Out —of- School Youth: Microsoft Office Application certificationsand Intermediate Digital Media
Apprenticeships (5 participants ): Digital Media Basics: 40 hours, Intro to Marketing: 50 hours, Intermediate Digital
Media: 100 hours, MOOC's based certification trainings: 50 hours, Work Experience Internship/ Externships: 160 hours
(400 hrs X $8.53)
Track 2: In- School Youth: Microsoft Applications certification and Intermediate Digital Media Apprenticeships
(10 Participants): Digital Media Basics: 40 hours, hntro to Marketing: 50 hours, Intermediate Digital Media: 100 hours,
MOOC's based certification trainings: 10 hours, Work Experience Internship/ Externships: 100 hours, (300hrs x $8.53)
Participant Benefits: Benefits for the Paid Work Experience Training and Internship/ Externship Program are based on a
percentage of the participant's wages as follows: Deferred Comp (- 3.75 %), Medicare (- 1.45 %), Worker's Comp (2.96 %)
Santa Ana College Course Technical Training Partnership: Charge is the contract amount to be charged by
Santa Ana College to provide the Intermediate Digital Media Courses and Marketing Courses
-
INstS�toC
Instructor for
Business Applications 043 Microsoft Certified Application Specialist Pre aration :
850
Instructor for
Business Applications 164 :Introduction to Adobe Photoshop
4,750
Instructor for
Communications & Media Studies 102: Multimedia Storytelling
4,750
Instructor for
Marketing 113 Principles ofMarketing
9,500
TOTAL
19,850
WORK EXPERIENCE TRACKING: All Work experience compensation will be tracked via daily sign -in
sheets and bi- monthly timesheets (Please refer to attachment J for samples of timesheets and sign -in sheets)
EXHIBIT G
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
aut aticaIly 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.
nclude, but are not limited to:
1 l�
Records that 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.
Comply with Federal and State non- discrimination provisions.
Meet requirements of Section 504 of the Rehabilitation Act of 1973.
Meet requirements of the American's with Disabilities Act of 1990
Meet 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.
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.
Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000
e will not:
j 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
LZrequirements 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.
e
Name
of thb�46ove are true.
Title
EXHIBIT H
/o
3 /
Date
25
Self- Insured
EXHIBIT I