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Home My WebLink About19D - RFP - YOUTH PROGRAMSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 20, 2015 TITLE: REQUEST FOR PROPOSAL — YOUTH PROGRAMS UNDER THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNTIES ACT {STRATEGIC PLAN NO. 2,4A) CITY MANAG R RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY, .* E ❑ As Recommended E] As Amended ® Ordinance on 1" Reading 0 Ordinance on 2nd Reading Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Federal legislation was passed and signed into law in July 2014 replacing the Workforce Investment Act (WIA) with new legislation titled Workforce Innovation and Opportunities Act (WIOA). Early implementation of the new law will begin July 1, 2015 with full implementation expected by July 2016. While there are many changes from WIA to WIOA, the overall purpose and primary outcomes remain relatively the same. The Department of Labor (DOL) has been drafting new regulations under WIOA and recently announced a delay in their release from January 20, 2015 to spring of 2015. As required by federal procurement guidelines, the City will need to procure youth providers /programs and services that comply with the new guidelines for the upcoming program year 2015 -2016. Staff has prepared a Request for Proposal (RFP) incorporating the available information regarding WIOA Into the document. The RFP Is clear to inform the bidder that there will be changes as the State and DOL determine performance goals and outcome measures for each local workforce area. Staff is hopeful that the State and DOL's expectations will be finalized before contracts are executed in June 2015.. Contingent upon the federal allocation for next year's programs, we anticipate awarding approximately $800,000 to multiple providers. 1901-1 Request For Proposal — Youth Programs Under the Federal Workforce Innovation And Opportunities Act January 20, 2015 Page 2 RFP TIME LINE; January26,2015 Release RFP February 19, 2015 Mandatory attendance - Technical Assistance meeting March 19, 2015 Deadline to submit ro osals April 10, 2015 WIB Youth Council meeting for recommendation review May 15 2015 WIB review and recommendation to fund June 2, 2015 Submit recommendation to award contracts to City Council The procurement cycle will be for four years with staff recommending execution of a two -year agreement and the option to extend upon satisfactory performance, The Work Investment Board (WIB) will be evaluating proposals on the following components. 1) Workforce preparation with at least 20 percent of funds allocated for youth -paid work experience. a. Activities leading to attainment of secondary school diploma or equivalents b. Preparation for postsecondary education and training c. Strong linkages between academic instruction and occupational education that leads to recognized postsecondary credential d. Preparation for unsubsidized employment e. Effective connections to employers in in- demand industries and occupations of the local and regional markets 2) WIOA Program Elements (some or all of the 14 WIOA elements) 3) Program design that will meet or exceed WIOA Performance Measures 4) Special consideration will be given to youth organizations that can serve youth with disabilities, foster /emancipated youth and youth on probation WIOA requires that 75 percent of our youth allocation be spent on out -of- school youth and 20 percent of that on youth -paid work experience. Under WIOA we can now serve youth between the ages of 14 to 24 (cut off age used to be at 21). The RFP outreach will consist of a required posting of a legal notice in the Orange County Register. Staff will also utilize the City's website, Facebook page, PlanetBids, and Nixie electronic announcement. In addition, staff will send a notice by mail and communicate 19D-2 Request For Proposal — Youth Programs Under the Federal Workforce innovation And Opportunities Act January 20, 2015 Page 3 electronically to a Large network of local non -profit and educational organizations who have expressed an Interest in receiving such notices. FISCAL IMPACT There is no fiscal impact associated with this action vLoAl'I"-�M Kelly Reeroers Executive Director Community Development Agency DS /sb Exhibit: 1. Request for Proposal 19D-3 19D-4 RFP# The Santa Ana Workforce Investment Board /Youth Council Request For Proposals (RFP) for Youth Service Provider Network ervice Pr to RCE'INNO'VATIO`N & OPPORTUN m Year 2015- Poo MANDATORY TECHNICAL ASSISTANCE MEETING FEBRUARY 199 2015 @ 2PM 19D -5 ' Table of Contents RFP Schedule 3 Mandatory Technical Assistance Meeting Background & Overview 4 WIOA History Santa Ana Workforce Investment Board Santa Ana Youth Council + Mission + Priorities Youth Service Provider Network 5 Youth Service Provider Responsibilities Service Navigator Responsibilities Purpose of Request for Proposal 7 Special Consideration Youth Populations to Serve WIOA Youth Program Requirements 8 WIOA Program Elements RFP Provisions Eligible Proposers How to Obtg4n an RFP Proposal Submission Questions Regarding KFP Rejection or Modification of "Proposals Timeframe Insurance Requirements Youth Protection Fundine and Contract Terms Failed Competition Appeal Process Proposal Evaluation Criteria Proposer Application Proposal Checklist WIOA Youth RFP Questions Budget Narrative (Attachment A) Budget Form (Attachment B) YSPN Member Performance Plan (Attachment K) Assurance & Certifications (Attachment L) Certification Regarding Debarment (Attachment M) . Certification Regarding Lobbying (Attachment N) Americans with Disabilities Act (Attachment 0) Audited Financial Statement Form (Attachment Q) Agency Experience Verification Form (Attachment V) Glossary of Terms for Youth Programs City of Santa Ana Standard Contract (for Reference only) 15 16 17 18 -23 24 25 27 28 29 -30 31 32 -33 34 35 -36 37 -46 47 -61 19D-6 2 RFP SCHEDULE Jan. 26, 2015 RFP Released Feb. 19, 2015 MANDATORY TECHNICAL ASSISTANCE MEETING AT 2PM -4PM (see below for important details) Mar. 12, 2015 Deadline to Submit Questions Mar. 19, 2015 DEADLINE TO SUBMIT PROPOSAL BY 4:OOPM Mar. 24 -Apr. 2, 2015 Proposal Review Period by Santa Ana Youth Council Rating Committee (may include a facility tour and /or oral presentation) Apr. 2, 2015 Applicant Interviews (appointments will be scheduled with specific organizations) Youth Council Meeting Apr. 10, 2015 (recommend Youth Operators) May 15, 2015 Santa An' Workforce Investment Board Meeting "1 1111 (Approve Youth Operators) 11 June 3, 2015 or City'Council Approval of Contracts June 17,2015 (Execute Contracts for Youth Operators) REQUIRED ATTENDEES: Executive Director OR Program Supervisor of proposed program AND a fiscal representative who will be in charge of billing. Other relevant staff may also attend including Case Managers who will be assigned to the program. Proposers outside of California may participate in the mandatory Bidder's conference via teleconference. Arrangements must be made 5 days in advance by calling (714) 565 -2631 or emailingjcastro- cardenas @santa - ana.org. If you need special assistance to participate in this Bidder's Conference, contact City ADA Program Coordinator at (714) 647 -5340. Please call prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to this meeting. (Americans with Disabilities Act, Title II, 28 CFR 35.102.104) 19D-7 3 WORKFORCE INNOVATION & OPPORTUNITY ACT 2014 The Workforce Innovation & Opportunity Act (WIOA) became law in 2014, which replaced the Workforce Investment Act (WIA). The purpose of the Act is to 1) increase access to opportunities for employment, education, training and support services particularly for people with barriers to employment; 2) support workforce development systems; 3) provide workers with skills and credentials to secure and advance in employment with family sustaining wages and to provide employers with skilled workers; 4) improve the delivery of service in workforce development systems; 5) to increase prosperity of workers and employers in the United States; 6) and to increase employment, retention, earnings of participants, recognized postsecondary credentials, improve the workforce, reduce welfare dependency, increase economic self- sufficiency, meet employer skill requirements, and enhance productivity and competitiveness of the Nation. SANTA,ANA, WORKFORCEINVESTMENT BOARD The Santa Ana Workforce Investment Board (SAWIB) Was enacted in 2000 to ensure the involvement of the business and industrial community, including small, businesses, minority business enterprises; education, labor organizations, community -based organizations, economic development agencies and one stop delivery system partners in workforce investment activities. SANTA ANA YOUTH COUNCIL In 2000 the Santa Ana WIB appo'int(4, the Youth Council as a subcommittee to oversee the youth funds of WIOA. The Santa Ana Youth Council is responsible for coordinating local youth activities, developing portions of the local plan, recommending eligible service providers to deliver the 14 WIOA program elements, and conducting oversight of providers. SANTA ANA YOUTH COUNCIL MISSION To provide a comprehensive integrated system to enable youth, particularly those most in need, to acquire the necessary skills to successfully transition into and compete in the labor force and to further their education and training. SANTA ANA YOUTH COUNCIL PRIORITIES The Youth Council Priorities are in accordance with the WIB Local Strategies Workforce Plan 2013 -2017: 1. Partner with K -12 education and others on strategies that reduce high school dropout rates and encourage dropout recovery 2. Partner in developing and executing strategies to re- engage disconnected youth 3. Partner with employers, educators, and others to help youth understand career pathway options 4. Encourage youth to focus on attainments of postsecondary degrees and to earn credentials important to priority industry sector employers in the local /regional labor market. 4 19D-8 YOUTH SERVICE PROVIDER NETWORK The Youth Service Provider Network (YSPN) is a network of Youth Service Providers under the direction of the Youth Council. Youth Service Providers may be members, governmental units, public agencies, business organizations, public or private not - for - profit corporations, community -based organizations, local educational agencies or private for - profit corporations organized in accordance with state and federal laws that typically receive WIOA grants. Youth Service Providers interface with a Service Navigator who is responsible for overseeing the eligibility of youth participants, provides technical assistance, conveys laws and regulations, and ensures that Youth Providers are meeting or exceeding the WIOA Performance Indicators (refer to page 9 for WIOA Performance Indicators). The purpose of the YSPN is to provide a stronger and cohesive delivery system within the Santa Ana community, based on The All Youth One System /No Wrong Door Concept. The system focuses on academic improvement, workforce preparation, and collectively offering the 14 program elements of WIOA in a creative and interactive manner to youth participants. Youth Service Providers are required to attend the YSPN monthly technical assistance meetings. Successful Youth Providers capture and maintain the ,youth's interest, offer youth friendly facilities, and are auailable during non traditional YOUTH SERVICE PROVIDER RESPONSIBILITIES Active participation in the Santa Ana Youth Council and Youth Service Provider Net) Deliver one or more of the -14 WIOA program elements. Create and sustain partnerships with businesses, parents and other resources to se Design programs to meet or exceed WIOA Performance Indicators (refer to 9 page Performance Indicators). Recruit and refer potential WIOA,participants to the Service Navigator for eligibility F. Enroll 75% of youth by first quarter and 100% enrollment` by second quarter. G. Register youth participants into CalJobs. H. Provide and document at least one substantial service each month for each enrolled youth. I. Conduct an objective assessment of the academic levels, skill levels, and service needs of the participant. J. Maintain files that clearly document WIOA eligibility, assessments, needs and services provided to participant and performance outcome verification. K. Provide 12 -month follow -up services for "exited" participants. L. Develop systems to invoice for services on a monthly basis. M. Make available satisfaction surveys to all participants. N. Conduct continuous improvements on program model. 0. Be available and prepared for monitoring by Federal, State, SAWIB and Service Navigator. 19D-9 5 SERVICE NAVIGATOR RESPONSIBILITIES A. Provide technical assistance and eligibility training to all providers. B. Track and maintain program /provider performance goals. C. Develop policies and procedures to ensure compliance with Federal, State and Local WICA rules, regulations and goals. D. Collect eligibility documentation and certify WICA eligibility. E. Ensure accuracy and timely submission of all W10A documents as required. F. Maintain an automated client tracking system. G. Refer all eligible youth to appropriate W10A Youth Service Providers. H. Assist in the recruitment of potential WICA participants to Youth Service Provider Network. I. Coordinate co- enrollment among Youth Service Providers. J. Active participation in the Santa Ana Youth Council. K. Coordinate (and provide as needed) 12 -month follow -up services to providers & participants. L. Process payment for services within 60 days of receipt. M. Conduct an annual fiscal monitoring of Youth Service Providers funded under W10A. on -going P. Collect, analyze an Q Create and implen Satisfaction Survey R. Be available and p e02red for monitoring by Federal, State and $A' 19D -10 mer Satisfaction the results of the B staff. er PURPOSE of REQUEST FOR PROPOSAL The SAWIB in conjunction with the Santa Ana Youth Council is accepting proposals from youth serving organizations to become members of the youth Service Provider Network, herein referred to as Youth Service Providers, to deliver a WIOA youth program for Santa Ana youth between the ages of 14 -24 that are in- school or out -of- school. The WIOA youth program should include the following components: 1) Workforce preparation with at least 20% of funds allocated for youth paid work experience 2) Enrolment, of a minimum, of 75% out -of- school youth 3) WIOA Program Requirements 4) WIOA Program Elements (some or all elements) 5) Meet or Exceed WIOA Performance Measures SPECIAL CONSIDERATION Special consideration will be given to youth organizations that can incorporate the following: 1) Serve Out -of- School youth 2) Seiye Youth with disabilities 3) Serve Faster /Emancipated youth' 41 Serve Youth on probation 5) Prepare youth for targeted in- demand industries as identified in the SAWIB's five year plan 6), Offer job training in science, technology, engineering, arts, and/or math Refer:to www.santaanawib.org for more information about the SAWB's five year plan. Refer to www.ocstem.ore for more information, about STEM, . YOUTH POPULATION TO.SERVE The Santa Ana Youth Council is committed, to serving "the neediest youth) with a priority given to out -of- school youth, high school dropouts, runaway and homeless youth, youth in foster care, court involved youth, children of incarcerated parents and migrant youth." Proposers may serve one or both youth populations, but must serve at least 75% out -of- school youth. Services cannot be provided during regular school hours. 1. Out -of- School Youth (ages 16 -24): An individual who is not attending any school (as defined by State law); between the ages of 16 -24; and one or more of the following : school dropout, not attending school for at least a quarter, high school graduate or GED who is low- income and is basic skills deficient, an English language learner, an individual in the juvenile or adult justice system, homeless individual, homeless youth, a runaway, in foster care or aged out of foster care, a child eligible for child welfare, pregnant or parenting, youth with disability, low- income individual who needs additional assistance to enter or complete an educational program or to secure or hold employment. 2. In- School Youth (ages 14 -21): An individual who is attending school, between the ages of 14 -21, low- income, and one or more of the following: basic skills deficient, English language learner, an offender, homeless individual, homeless youth, a runaway, in foster care or aged out of foster care, a child eligible for child welfare, pregnant or parenting, youth with disability, low- income who needs additional assistance to enter or complete an educational program or to secure or hold employment. 19D -11 WIOA YOUTH PR REQUIREMENTS 1. Provide an objective assessment of academic skill levels and service needs of each participant. Assessments shall include: a. Review of basic skills b. Occupational skills c. Prior work experience d. Employability interest e. Aptitudes f. Support service needs 2. Develop service strategies for each participant that: a. Directly links to 1 or more indicators of performance, b. Identifies career pathways that include education and employment goals, c. Lists appropriate achievement objectives, d. Identifies appropriate planned services. 3. Provide the following: a. Activities leading to attainment of secondary school diploma or,;equivalents b. Preparation for postsecondary education and training c. Strong linkages between academic instruction and occupational education that leads to recognized postsecondary credential d. Preparation for unsubsidized employment e. Effective connections to employers in in- demand industries and occupations of the local and regional markets WIOA PROGRAM ELEMENTS uth Service Providers are highly encouraged to incorporate the following WIOA Elements, but )T all elements are required, except for Elements 3 -Paid Work Experience and 9- Follow -Up 1. Tutoring, study skills training, dropout prevention strategies 2. Alternative secondary school services, or dropout recovery 3. Paid and unpaid work experience that have academic and occupational component which may include (Note: not less than 20% of funds shall be used for paid work experience): a. Summer employment b. Pre - apprenticeship programs c. Internships and job- shadowing d. On- the -job training opportunities 4. Occupational skills training — priority for recognized credentials aligned with sectors in- demand 5. Education offered concurrently with workforce preparation activities for specific occupation or cluster 6. Leadership development — community service and peer- centered activities 7. Supportive Services 8. Adult mentoring 9. Follow -up services for not less than 12 months after exit (Note: this is required) 10. Comprehensive guidance and counseling —drug and alcohol, etc. 11. Financial literacy 12. Entrepreneurial skills training 13. Labor market information — career awareness and exploration 14. Activities to help youth prepare for and transition to postsecondary education 8 19D -12 WIOA PERFORMANCE INDICATORS The State is in the process of finalizing the Performance Indicator benchmarks for Program Year 2015- 2016; therefore, specific percentages are not available at this time. 1. Percent of participants who are in education /training activities, or in unsubsidized employment during the 2nd quarter after exit 2. Percent of participants who are in education /training, or in unsubsidized employment during the 4 1 quarter after exit 3. The median earnings of participants in unsubsidized employment during the 2nd quarter after exit leads 19D -13 9 WIOA YOUTH ELIGIBILITY Youth must be determined eligible by the Youth Service Navigator In order to receive services from a WIOA granted Youth Service Provider. The following criteria are the Youth Eligibility for WIOA: 1. Be authorized to work in the United States; AND 2. Be in compliance with the Selective Service Act (males 18 +); AND 3. Be a Santa Ana resident (residency not considered for foster youth, emancipated youth, wards of the court, and homeless); AND 4. Out -of- School Youth —an individual who is A. Not attending any school (as defined by State law); B. Not younger than age 14 or older than 24; and C. One or more of the following: i. School Dropout ii. Not attending school for at least a q ill. H'igh(sthool graduate or GM who is a. Basic skills deficient b. An English fang D. An individual in the juvenile or adult ju E. Homeless individual, homeless youth, a uagelearner stice system runaway, in foster care or ag ditional assistance to enter or employment (low income also ii. English language learner iii. An offender E. Homeless individual, homeless youth, a runaway, in foster care or aged out, a child eligible for child welfare F. Pregnant or parenting G. Youth with disability H. Low income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment (low income also includes youth living in high poverty area) I. Requires Additional Assistance (as defineid by Santa Ana Youth Council): 10 19D -14 eligible for child welfare F. Pregnant or parenting G. Youth with ,a disability H. Low income individual who requires ad educational program to secure or hold living in high poverty area) OR ' 5. In School Youth —an individual who is A. Attending school B. Between the ages of 14 -24 C. Low - income individual; and D. One or more of the following i. Basic skills deficient uagelearner stice system runaway, in foster care or ag ditional assistance to enter or employment (low income also ii. English language learner iii. An offender E. Homeless individual, homeless youth, a runaway, in foster care or aged out, a child eligible for child welfare F. Pregnant or parenting G. Youth with disability H. Low income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment (low income also includes youth living in high poverty area) I. Requires Additional Assistance (as defineid by Santa Ana Youth Council): 10 19D -14 L Youth with disabilities as defined by Santa Ana Unified School District recognized assessment tools and /or State Department of Rehabilitation; ii. Family History of long term welfare dependency; iii. Youth with gang affiliation; iv. Limited English Proficiency; V. Poor work history (applies to older youth see definition); vi. Have repeated at least one secondary grade level or are one year over age for grade; vii. Have a core GPA of less than 1.5; viii. For each year of secondary education, are at least two semester credits behind the rate required to graduate from high school; ix. Are emancipated youth; X. Have emancipated from foster care system xi. Have aged out of foster care; xii. Are previous dropouts or have been suspended or have been expelled xiii. Are court /agency referrals mandating school attendance; xiv. - Are deemed at risk of dropping out of school by a school official; xv. Have been referred to or are being treated by an agency for a substance abuse related problem; xvi. Have experienced recent traumatic events, are victims of abuse, or reside in an abusive environment as documented by a school official or other qualified professional; xviL Have serious emotional, medical or psychological problems as documented by a qualified professional. Note: the term "requires additional assistance" is subject to change due to pending State definition and regulation according to the new WIOA law. 19D -15 11 GENERAL RFP PROVISIONS ELIGIBLE PROPOSERS Eligible Proposers may be may be governmental units, public agencies, business organizations, public or private not - for - profit corporations, community -based organizations, local educational agencies or private for - profit corporations organized in accordance with state and federal laws. HOW TO OBTAIN AN RFP 1) City of Santa Ana website www.ci.santa- ana.ca.us /bids -rfps 2) Santa Ana Workforce Investment Board website www.santaannawib.org 3) Request electronic copy from icastro- cardenas @santa- ana.org or call (714) 565 -2631 4) Pick -up at the Santa Ana Workforce Investment Board Office at 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, CA92701. Proposals must be ;physically received by;the due date,': Proposals that do not meet this deadline will not be considered. Postmarked gnvelopes not physically received by the deadline will not be accepted. Proposals and amendments to proposals submitted after the due date will be rejected by the City as non responsive and returned to the proposer. The City reserves the right to reject all proposals. Refer to page for RFP Schedule. Proposers must attend the Mandatory Technical Assistance Meeting in order to be considered. Due Date: March 19, 2015, no later than 4:00 PM: Deliver to: Julie Castro - Cardenas (WIB Staff) Contact Info: Community Development Agency Santa Ana WIB /Youth Council 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 Jcastro-cardenas@santa-ana.org (714) 565 -2631 Submit: 8 Total Copies of Proposal Packet (1 original + 7 copies, refer to page 15) Requirements: 12 point font, standard margins QUESTIONS REGARDING THE RFP All questions submitted to WIB staff must be in writing via email. Questions that arise prior to the Bidder's Conference will be answered at the meeting and made available on the SAWIB and City of Santa Ana websites: www.santaannawib.org and www.ci.santa- ana.ca.us /bids -rfps. Deadline to submit questions regarding the RFP is March 12, 2015. REJECTION OR MODIFICATION OF PROPOSALS SUBMITTED The City reserves the right to reject any or all proposals submitted, and is not liable for any pre - contractual expenses such as expenses incurred by the proposer in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by proposer prior to date of award, if any, of the contract. Offer shall not include any such expenses as part of the price as proposed in response to this RFP. The City of Santa Ana may waive any minor defects in a proposal. 19D -16 12 RFP TIMEFRAME This RFP (procurement) will be effective for a four (4) year cycle beginning February 19, 2015 and ending February 19, 2019. Selected providers must be in good standing with the City of Santa Ana and Workforce Innovation & Opportunity Act programs. Providers will be expected to be operational in Santa Ana /Orange County by July 1, 2015 and enter into a contract with the City of Santa Ana that is substantially similar to the standard contract hereby attached on page 47 -61. INSURANCE REQUIREMENTS Awarded programs must provide Certificate of General Liability, Workers Compensation, Additional Insured Endorsement, and Sexual Abuse & Molestation Insurance coverage. Insurance requirements apply during the operating program year and during the 12 month follow -up period. Contractor evaluations will be assessed during the third quarter of the program year. YOUTH PROTECTION To maintain a safe environment, the awarded Youth Service 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 52.000.000. Youth Service Providers will be held resoonsible for conductine a and a FUND Can we mak FunoS.available for WICA Youth Progral determined at this time. Typical contras reimbursement based contracts with a'i Selected providers must be .h good star Opportunity Act. Providers will be expe 2015 and enter into a contract with the that has your organization's Youth VG AND CONTRACT TERMS them Z year funded colltracts? Services fo,'r PY 2015 -2016 and 2016 -2017 have not begn range from $140,000- $200,000.iThese contracts are expected payment turn', around of approximately 60 days. ing with the City of Santa Ana and Workforce Innovation & ad to be operational in Santa Ana /Orange County by July 1, ity of Santa Ana. Contracts may not begin until fully executed by City Council. Awarded programs must provide Certificate of General Liability, Workers Compensation, Additional Insured Endorsement, and Sexual Abuse & Molestation Insurance coverage by July 1, 2015. Awarded programs will operate for one program year (12 month contract) beginning July 1, 2015 and ending June 30, 2016 and are required to conduct follow -up services to youth for 12 months thereafter from July 1, 2016 -June 30, 2017. Contractor evaluations will be assessed during the third quarter of the program year and must remain in good standing. FUNDING RESTRICTIONS 1. WIOA prohibits any department or organization of the United States from exercising any direct supervision, or control over education curriculum. 2. All funds made available under the WIOA must be used in accordance with the requirements of the Act and includes restrictions on School -To -Work activities. 3. No funds may be used to provide an activity for eligible youth who are not school dropouts if participation in the activity would interfere with or replace the regular academic requirements of the youth. 4. Equipment may not be purchased with WIOA funds under this contract. 5. Consumables that will be used beyond the program contract are not allowed to be purchased. 1901-17 13 6. Subcontracting client services /activities is not permissible under this contract. All other subcontracting activities occurring post submission of proposal must be approved by the Santa Ana Youth Council. 7. All providers must have email, Internet and computer capabilities since the Service Navigator may use these technologies to facilitate communication and track clients. 8. Administrative costs cannot be more than 10% of the budget. DISCLAIMERS All funded programs shall be operated in accordance with the Workforce Innovation & Opportunity Act and all subsequent laws in relation to WIOA. All programs shall also comply with State of California and City of Santa Ana WIB rules, regulations, guidelines and procedures. The Santa Ana WIB /Youth Council reserves the right to modify the scope of the program and requirements to any extent necessary to ensure compliance with State and /or Federal guidelines and goals. FAILED COMPETITION If, after following all the procurement procedures, only one proposal is submitted — this is considered a failed competition. If two or more RFPs were issued and only one proposal was returned and the WIB determines thatrthe proposal is acceptable for funding, this is called a noncompetitive proposal (safe source). The justification for funding a' proposal that resulted from a "failed competition" under the aforementioned circumstances would be "after solicitation of a number of sources, competition was If a proposer be regulation, the referencing the ARencv, P.O. Bc decision or denial register ,a complai Dn to Deborah St Santa Ana, CA, c after the Santa Air B has in violation of any applicable statute or a letter Aelineating the complaint and iinistratlon, Community Development letter of complaint must be received the funding decision. 19D -18 14 PROPOSAL EVALUATION CRITERIA Experience & Qualifications 5 points Proposed Program 5 points Population 5 points Assessment 3 points Paid and Unpaid Work Experience 5 points Alternative Secondary School Services 4 points Preparation for Postsecondary Education and Training 5 points Budget Narrative 5 points Budget 5 points Letter of Commitment 3 points Letter of Intent 3 points Completeness & Neatness 2 points Special consideration points ?? 19D -19 15 COVERPAGE PROPOSER APPLICATION Organization Legal Name Organization DBA $ Program Name Program Address Corporate Office Address Contact Person & Title Email Telephone # Fax # Federal ID Number ORGANIZATION STATUS Public Non - Profit Corporation $ Private Non -Profit Requested Private for Profit Government Other Years in Operation, TARGET POPULATION Older Youth Younger Youth Out -of- School In- School # of Youth to be Served in 2015 -2016 Total WIOA Funds $ Requested In compliance with the RFP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this RFP and is authorized to contract on behalf of the organization named above. Signature Title Date 16 19D -20 PROPOSAL CHECKLIST This checklist is provided to assist the proposer in ensuring that a complete proposal is submitted. Failure to include any applicable forms will result in a disqualification of the proposal. The City reserves the right to withdraw consideration of any proposal if evidence of compliance is not provided or if compliance status changes during the RFP process. Check box if documents are attached to Proposal packet in the following order: 1 Original Proposal Packet should include all the following attachments with original signatures. ❑ Proposer Application (Cover Page) ❑ Proposal Checklist ❑ Proposal ❑ A— Budget Narrative ❑ B— Budget Form ❑ C— Letter of Support (partner organization) ❑ D— Letter of Commitment (employers) ❑ E —Work Based Learning Policy ❑ F— Letter of Intent (training) ❑ G— Supportive Service Policy ❑ H— Incentive Policy ❑ I— Procurement Policy & Procedures ❑ J— Program Documents, Logs, Timecards, Records ❑ K —YSPN Member Performance Plan ❑ L— Assurances & Certificates ❑ M— Certificate Regarding Debarment ❑ N— Certificate Regarding Lobbying ❑ O— Americans with Disabilities Act & Equal Opportunity Law ❑ P —Youth Protection Policy (if serving minors) ❑ Q— Audited Financial Statement Form ❑ R —IRS Form 990 ❑ S— Non - Profit Verification Form (if applicable) ❑ T— Audited Financial Statement (most recent) ❑ LI— Audited Financial Statement (2 "d most recent) ❑ V— Agency Experience Verification Form 7 Proposal Packet Copies should include the following attachments. ❑ Proposer Application (Cover Page) ❑ Proposal Checklist ❑ Proposal ❑ A— Budget Narrative ❑ B— Budget Form ❑ C— Letter of Support (partner organization) ❑ D— Letter of Commitment (employers) ❑ E —Work Based Learning Policy ❑ F— Letter of Intent (training) ❑ G— Supportive Service Policy ❑ H— Incentive Policy ❑ K —YSPN Member Performance Plan ❑ P —Youth Protection Policy (if serving minors 19D -21 17 WIOA YOUTH RFP QUESTIONS Instructions: Please provide a narrative response for each section and maintain the formatted sequence according to the headers. Please answer each question as concisely as possible. Use font size 12 and standard size margins. 20 pages maximum Experience /Qualifications (1 page) A. Briefly describe your organization. B. List the facility address and address of headquarters if different location. Please include major cross streets. C. Indicate hours of operation for facility. D. Briefly indicate what makes your facility youth friendly and suitable for the proposed program. E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue 2. Brief description of staff 3. Past experience with WIOA programs or other youth programs 4. What kind of impact has your organization has made on the youth community II. Proposed Program A. Provide an overview of the program's main objectives. B. Please provide a full description of the program in sections III -XV. NOTE: It will be expected that a full -time case manager operate this program. III. Population A. Describe the total number of youth that will be served by this grant. B. Describe the age range of the youth that will be served. C. Describe any minimum requirements that youth need to have in order to be enrolled into your program (aside from the WIOA Youth eligibility requirements). D. Youth Providers are required to enroll 75% of out -of- school youth. E. Special consideration for organizations that can serve the following youth populations: 1. At least 75% of Out -of- School youth (required) 2. At least 10% of youth with disabilities 3. At least 10% of foster /emancipated youth 4. At least 10% youth that have dropped out of high school 5. At least 10% of youth on probation F. Specify how the targeted youth populations (out -of- school, youth with disabilities, foster /emancipated, probation, dropouts) will be recruited. G. Include a Letter(s) of Support from organizations that have agreed to refer youth to your program as H. Describe your recruitment plan that will fulfill the requirement of enrolling 100% of youth by the 2nd quarter of the program (December 31, 2015). 19D -22 18 IV. Assessment A. Youth Service Providers are required to use the Test for Adult Basic Education (TABE) assessment tool, but may use other assessment tools B. Describe how your program will conduct assessments for youth participants, elaborate on the type of assessment tools or surveys that will be used. C. Describe knowledge of the barriers that youth encounter. D. Specify how your organization will address the barriers that youth encounter. V. Paid & Unpaid Work Experience A. Describe in detail the paid and unpaid work experience opportunities that will be offered to the youth such as: 1. Summer employment 2. Pre - apprenticeship programs 3. Internships or job-shadowing 4. On- the -Job training opportunities B. Special consideration will be given to organizations that can prepare youth for targeted in- demand industries as identified in the SAWIB's five year plan: 1. Manufacturing 2. Healthcare and associated social services 3. Hospitality /entertainment 4. Green /clean /environment C. Special Consideration for organizations that offer job training /preparation in the industries of: 1. Science 2. Technology 3. Engineering 4. The Arts 5. Math D. List some of the employers that will assist in the paid and unpaid work experience opportunities. E. Include Letters of Commitment from employers as F. Include a copy of the Work Experience policy as VI. Alternative Secondary School Services A. Describe in detail the alternative secondary school services or dropout recovery services that will be made available for youth. B. Describe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. C. Special consideration for organizations that offer dropout prevention or dropout recovery services. 1901-23 19 VII. Preparation for Postsecondary Education and Training A. Note: WIOA only accepts certificates that are accredited by a State recognized educational entity or are recognized by employers. B. Special consideration for organizations that offer preparation for postsecondary education and training in high- demand industries. C. Identify and /or develop a pathway for youth that can lead them from high school to career or college. Please elaborate on the specific pathway(s). D. Describe in detail how the program will prepare youth for postsecondary education and training. E. How will your organization expose youth to the various post- secondary educational institutions (colleges, universities, vocational training schools, apprenticeships, etc.). F. Describe the certificates that youth will be able to earn while in your program or within 1 year after exit. G. Include data and research that supports the industries or pathways listed above. H. Include Letters of Intent from training agencies as Tutoring A. Note: Youth Service Providers are required to use the Test for Adult Basic Education (TABE) on ALL youth to assess their literacy and numeracy skills. Youth who score 8.9 and below are considered "basic skills deficient" whom should receive tutoring or remedial training to improve their literacy and numeracy skills. B. Describe in detail the tutoring resources that will be provided to youth. III. Mentoring A. Specify how your organization will provide mentoring to youth. B. Specify what types of support your organization will offer youth who are facing challenging obstacles such as: family dysfunctions, mental health issues, low self - esteem, probation, gang issues, parenting issues, etc. C. Will your organization offer mental health services or referrals to mental health agencies, describe. D. Describe how your organization will provide or refer youth to comprehensive guidance and counseling for drug and alcohol, etc. IV. Workshops A. Provide information about the following workshops and how or when the workshops will be provided to youth in the program: 1. Financial Literacy/ Budget Management 2. Entrepreneur Skills Training Labor Market Information 4. Family Planning 5. Worker's Rights /Labor Laws 6. Analytical Skills at the Workplace 7. Health Resources 8. Public Speaking Skills 20 19D -24 VIII. Civic Engagement or Leadership Development A. Can your organization offer a civic engagement opportunity or leadership development opportunity for WIOA youth and other youth in the community, if so, please describe. B. Indicate the number of youth that will participate in the civic engagement or leadership development opportunity. C. Special consideration for organizations that can leverage funds to provide services to non -WICA youth participants. V. Supportive Services A. Will your organization provide supportive services to youth such as gas cards, bus pass, childcare assistance, etc. If so, please describe. B. Include the Supportive Service Policy as IX. Incentives A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals, if so, please describe. B. Include the Incentive Policy as X. Follow -Up Services A. Youth Service Providers are required to provide follow -up services to youth participants for not less than 12 months after exit. B. Elaborate on the types of objectives and services that will be provided to youth during the 12 month follow -up period. XI. WIOA Performance Indicators A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: 1. Percent of participants who are in education or training or unsubsidized employment during the 2nd quarter after exit. 2. Percent of participants who are in education or training or unsubsidized employment during the 4th quarter after exit. 3. Document the median earnings of participants in unsubsidized employment during the 2nd quarter after exit. 4. Percent of participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit. 5. Percent of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment AND who are achieving measurable skills gains. 6. Effectiveness in serving employers. 19D-25 21 XII. Prior Outcomes A. If your organization was previously awarded a WIA contract through the Santa Ana Workforce Investment Board please disclose your organization's past performance outcomes for the past 1 -2 vears: COMMON MEASURES 2012 2013 (Example: 5 s 15=33%) (Example: 5 -`15 = 33 %) Increased Literacy /Numeracy Skills - _ % - _ %, Entered Employment or Post - Secondary — _ % Attained Credential /Diploma /Certificate — _ % XIII. Fiscal Competency A. Describe the process used to capture and report fiscal data. B. Attach a copy of the organization's procurement policies and procedures as C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs. D. Describe invoicing process and list qualifications of staff assigned to task. E. Describe how your organization's financial stability is not dependent on WIOA funds. F. Submit most recent 2 years of audited financial statements as � , 3 � with the Audited Financial Statement Form signed. XIV. Subcontracting 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. B. None of the duties or work to be performed by the proposing organization shall be subcontracted or assigned to any other organization, consultant, or person without the prior written consent of City. Proposing organization 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. XV. Budget Narrative (2 pages maximum) A. Note: Budget Narratives will be reviewed to ensure that cost is justified and reasonable for the activities /services proposed, applicant is not solely relying on WIOA funds, and that the program is leveraging funds from other resources. B. Budget Narrative should be included as a separate page, as M.111V . Please summarize item 1 (below) in the beginning of the budget narrative, then proceed with item B: 1. Identify the percentage of budget that will go directly to youth (work experience payments, direct training, supportive services, etc.) versus the percentage of overhead and administrative costs. 22 1901-26 (ex: 50% of budget will be directly spent on youth in the form of work experience and training). C. Include a detailed narrative that outlines each line item listed on the Budget Form, D. At the end of the narrative please explain the pertinent documents /forms that will be used to track work experience compensation or participant incentives (i.e.: timecards, sign -in sheets, record logs etc.). Include the pertinent forms as XVI. Budget A. Use Budget Form 111111M to outline the program's budget. (Excel version available upon request.) Note: The Budget Form will be reviewed for accuracy and completeness. All proposals will be reviewed for costs that are allowable under WIOA, necessary, reasonable, and competitive, as measured by the review of the line item budget, the program design and the comparison to all other proposals. XVII. Attachments Note: please include and label each attachment according to the following order. A. Budget Narrative L. Assurances & Certificates B. Budget Form M. Certificate Regarding Debarment C. Letter of Support (partner agency) N. Certification Regarding Lobbying D. Letter of Commitment O. Americans with Disabilities Act & Equal (employers) E. Work Based Learning Policy F. Incentive Policy G. Supportive Service Policy H. Incentive Policy I. Procurement Policy & Procedure J. Program Documents, Logs, Timecards, Records, etc. K. YSPN Member Performance Plan Opportunity Law P. Youth Protection Policy (if serving minors) Q. Audited Financial Statement Form R. IRS Form 990 S. Non - Profit Verification Form T. Audited Financial Statements (most recent) U. Audited Financial Statements (2nd most recent) V. Agency Experience Verification Form 1901-27 23 BUDGET NARRATIVE for Identify the percentage of budget that will go directly to youth (work experience payments, direct training, supportive services, etc.) versus the percentage of overhead and administrative costs. (ex: 50% of budget will be directly spent on youth in the form of work experience and training). 2. Include a detailed narrative that outlines each line item listed on the Budget Form. At the end of the narrative please explain the program documents, logs, youth timecards, etc. that will be used to track work experience compensation or participant incentives (i.e.: timecards, sign -in sheets, etc.). Please Include the program forms as M tui 24 19D -28 Budget Form Instructions for YSPN Membership All costs related to the program activities described in the proposal must be included on the Budget Form. A budget narrative must be attached on a separate sheet of paper for all line items marked with an asterisk. Personnel Salaries: List each individual position dedicated to this project. List title, percentage of full time equivalent (FTE) or the amount of time to be charged to this project. Benefits: List each individual position dedicated to this project. List title, percentage of full time equivalent (FTE) or the amount of time to be charged to this project. OPERATING EXPENSES Rent or User Fee: Provide percent of office space that will be charged to this project. Describe how percentage was determined. Equipment Rental Fee (equipment may not be purchased): List items that will be used for this project. Provide percent of rental fee that will be charged to this project. Describe how percentage was determined. Vehicle Lease (vehicles may not be purchased): Provide list of vehicles dedicated for this project. Describe vehicle use and percentage of use that will be charged to this project. Describe how percentage was determined. Note: CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 minimum limit. Indirect Cost: Provide indirect cost rate plan. Participant Wages: Describe costs directly related to individual participants such as paid training and /or work experience. Include number of youth, hourly wage, benefits and bonuses. Include length of activity. Support Services: Attach policies and procedures for supportive services. Policy must include spending limits. Participant Incentives: Indicate the type of payment, rate of payment and describe what youth must achieve to receive the incentive. Other: This item may include fieldtrips and youth stipends. All items must listed and include cost details. Note: Audit Requirements States, local governments and non - profit institutions who spend $500,000 or more in federal funds in a fiscal year shall meet the audit requirements of the OMB Circular A -133, "Audits of States, and Local Governments and Non - Profit Institutions." 1901-29 25 BUDGET FORM 26 19D -30 Administrative Cost (Not to Exceed 10%) Total Program Cost Total WIOA Cost Match /In Kind Personnel Salaries 1 2 3 4 S Personnel Ber1`efits 1_ 2 3 4 5 Total Personnel Salaries & Benefits $0.00 $0.00 1 $0.00 $0.00 Operating Expenses Rent* Utilities Phones Internet Fees Parking Fees Security Maintenance Insurance Equipment rental fees* Equipment rental fees* Vehicle lease* Office expenses (consumables) Accounting Services Legal Services Auditing Services Indirect Cost* Staff Training* Staff Conferences* Staff Travel /Mileage Participant Wages* Supportive Services* Participant Incentives* Youth Conferences* Total Operating Expenses $0.00 $0.00 $0.00 $0.00 GRAND TOTAL (personnel +operating) $0.00 $0.00 $0.00 $0.00 26 19D -30 YSPN MEMBER PERFORMANCE PLAN 2015 -2016 WIOA YOUTH POPULATION Youth Population Ages # of Youth to be Served in- School " per Quarter Out -of- School (75% minimum) 1.t TOTAL NUMBER OF YOUTH TO BE SERVED 2° .(100 % Enrollment Required) ,: PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 100% OF YOUTH MUST BE ENROLLED BY 2N° QUARTER- DECEMBER 31, 2016) Quarter # of Enrollments Estimated Expenditures per Quarter per Quarter 1.t $ 2° .(100 % Enrollment Required) ,: $ 3' $ 4° $ TOTAL $ 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided in your program (Projected Benchmarks subject to change ) 1. Tutoring, study skills training, dropout prevention 1. % of Participants who are in strategies education /training, or in unsubsidized employment during the 2nd quarter after exit 2. Alternative secondary school services or dropout recovery Benchmark: 75% 3. Paid & unpaid work experience that have academic 2. %of Participants who are in and occupational components, which may include: education /training, or in unsubsidized summer employment, pre- apprenticeship, internships employment during the 4th quarter after exit & job- shadowing, or On- the -Job training (20% of funds Benchmark: 75% must be used for this element) 4. Occupational skills training — priority for recognized 3. The median earnings of Participants in credentials aligned with sectors in- demand unsubsidized employment during the 2nd quarter after exit Benchmark: $_ S. Education offered concurrently with workforce 4. % of participants who, during the program, preparation activities are in education or training that leads to a recognized postsecondary credential or 6. Leadership development- community service & peer centered activities employment AND who are achieving measurable skill gains Benchmark: 65% 7. Supportive Services g. Adult mentoring 9. Follow -up services for not less than 12 months after 6. % of Participants who obtain a recognized exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit 10. Comprehensive guidance & counseling drug & alcohol, etc. Benchmark: 65% 11. Financial literacy 7. Effectiveness in serving employers Benchmark: 65% 12. Entrepreneurial skills training 13. Labor marker information - career awareness and exploration 14. Activities to help youth prepare for and transition to postsecondary education 19D-31 27 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 w ill be automatically rejected. Please initial each box. ❑ I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this organization 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 WIOA funds will be used as required by law and contract. ❑ We have additional funding sources and will not be dependent on WIOA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: ❑ 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 We will not: ❑ Place a youth in a position that will displace a current employee. ❑ Use WIOA 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 WIOA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ❑ Use WIOA 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 WIOA. ❑ Use WIOA money under this contract to purchase any equipment. I hereby assure that all of the above are true. Name Title Date 19D-32 28 Certification ReaardinR 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 organization; b. Have not within a three -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee /Contractor Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee Date 19D-33 29 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction ", "debarment', " suspended ", "ineligible', "lower tier covered transaction ", "participant', "person ", "primary covered transaction ", "principle ", "proposal ", and "voluntarily excluded ", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded" from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and /or debarment. 19D-34 30 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 organization, 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 organization, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Grantee /Contractor Organization Signature Name of Certifying Official Signature Date 19D-35 31 AMERICANS WITH DISABILITY ACT (ADA) AND EQUAL OPPORTUNITY (EO) LAW SURVEY I. Is there a minimum of 2 designated disabled parking slots. Per Dept. of Rehab Sect. 504 YES[:] NO❑ II. Are parking slot occupants able to reach the building's entrance for the disabled without having to go behind any other cars, or any other barriers (curb, sidewalks, etc.). Per Dept. of Rehab. Sect. 504 YES[:] NO❑ III. Is there a front door labeled with the international wheelchair access sign. Per Dept. of Rehab. Sect. 504 YES[] NO[:] IV. Is the labeled entrance's threshold not higher than % inch to allow for V 191 ME VIII. wheelchair access. Per Dept. of Rehab. Sect. 504 YES[:] NO[:] Is the door - handle to the labeled wheelchair entrance door, a lever handle (not a round doorknob). YES❑ NO[:] Per Dept. of Rehab. Sect. 504 If any services are available on second floor, does the building have an elevator. Per Dept. of Rehab. Section 504 YES[:] NO[—] NA[:] Does the classroom, working area, and break -room have enough room to maneuver a wheelchair and /or crutches. Per Dept. of Rehab. Sect. 504 YES❑ NO❑ Does the provider catalog /employee manual, contain the organization's Grievance Policy. Per CFR Title 20, 29, 41 YES[] NO[:] IX. Is Grievance Procedure and contact person made available in writing to the participant on or before the first day of program participation. Per CFR Title 20,29,41 YES[:] NO[:] X. If serving any Limited English individuals is the grievance procedure and procedures available in their language. Per CFR Title 20,29,41 YES[:] NO[:] XI. Is there at least one internationally labeled accessible restroom for the disabled. Per Dept. of Rehab. Sect. 504 YES[] NO[:] XII. Does toilet stall for the disabled have bars on each side of wall. Per Dept. of Rehab. Sect. 504 YES[:] NO[:] XIII. Is there a telephone reasonably accessible to handicap individuals. Per Dept. of Rehab. Sect. 504 YES[:] NO[:] 32 19D -36 Xlv. Is there a water fountain reasonably accessible to disabled individuals. Per Dept. of Rehab. Sect. 504 YES❑ NO❑ Xv. Are auxiliary (supplementary) aides available when requested by the individual. Per CFR Title 20,29,41 YES[:] NO❑ Service Provider Information: Print First & Last Name Service Provider Signature Business Address Business Phone Number Date All information is subject to validation by SAWIB staff upon approval of award. 19D-37 33 Audited Financial Statement Please attach your organization's 2 most recent audited financial statements. Organization Name: Financial Statement Description: Calendar Year: Fiscal Year: Other Pe 19D-38 34 F R AGENCY EXPERIENCE VERIFICATION FORM To be completed by the agency applying for the WIOA Youth funds. A. RFPApplicant: No 1. Funding Agency Name: 2. Contact Person & Telephone #: 3. Contract Period: 4. Types of Funds: 5. Amount Received: 6. Amount Spent: 7. Contract Activities: 8. Years Working with this Funding Source: To be completed by the Agency that currently funds or has funded the RFP Applicant labeled in Section A. B. Administrative Experience Yes No Comments 1. Has the agency shown the capability to successfully administer grant funds and meet contracted goals. (If "No," provide comments) 2. Has the agency successfully resolved performance problems in a 2. timely manner. (If "No," provide comments) 3. Has the agency consistently submitted complete and accurate records and reports in a timely manner. (If "No," provide comments) 4. Have there been any findings of irregularities regarding the agency, its officers, its Board of Directors. (If "Yes," provide comments) 5. Has the agency had costs questioned by an audit or monitoring review. (If "Yes," provide comments) 6. Does the agency have unresolved disallowed costs. (If "Yes," provide comments) C. Probation Sanction Yes No Comments 1. Has the Applicant /Lead Agency been placed on probation in any program it has administered through your funding source. (If "Yes," provide comments) 2. Has the Applicant /Lead Agency been sanctioned or had program funds de- obligated in any program it has administered through your funding source. (If "Yes," provide comments) Page 1 of 2 19D-39 35 4l'OHREORC I! 1V�I:STNI;lP B<111UY AGENCY EXPERIENCE VERIFICATION FORM D. REPORT AUTHORIZATION Authorized Signature of Funding Agency Name of Authorized Signatory of Funding Agency Telephone Number Fax Number D. REPORT VERIFICATION Date Date E -mail Address SAWIB Staff Signature Verifying Report SAWIB Staff Name Date Telephone Number Fax Number E -mail Address RFP RESPONDENT'S AUTHORIZATION TO RELEASE INFORMATION: On behalf of my organization, I am authorizing the funding agency named in line B to release the information requested on this AGENCY EXPERIENCE VERIFICATION and any other information that will aid City of Santa Ana Workforce Investment Board /Youth Council in evaluating our demonstrated ability in operating youth programs. All information so released will become part of a public document, subject to review and inspection by the public at the City's discretion, in accordance with the Public Records Act. Authorized Signature of Respondent /Agency Name of Authorized Signatory Telephone Number Fax Number 19D-40 Date Date E -mail Address Page 2 of 2 36 Glossary of Terms for Youth Program ACADEMIC CREDIT: Credit received while a participant is in training which is applicable toward a secondary school diploma, a post- secondary degree, or a certificate of completion, consistent with State laws and the requirements of an accredited educational organization. ADMINISTRATIVE COST: The portion of the budget which is associated with the overall management and administration of the proposed program and which is not directly related to the provision of services to participants. Some examples include accounting, financial, procurement and purchasing, payroll, and personnel management. ADULT MENTORING (YOUTH): Adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months. ALLOWABLE COST: Those costs which are necessary, reasonable, allocable and allowable under applicable Federal, State and local law for the proper administration and performance of services to customers. BARRIERS TO EMPLOYMENT: Characteristics that hinder an individual's ability to participate in the labor market. An eligible youth is defined as an individual who: is age 16 -21 is a low income individual and is within one or more of the following categories: • Deficient in basic literacy skills; • School dropout • Homeless, runaway, or foster child; • Pregnant or parenting; • Offender; or • Is an individual (including a youth with a disability) who requires additional assistance to complete an educational program, or to secure and hold employment. BASIC SKILLS: Those academic skills that include reading, writing and speaking English, and the skills involved in applications, computing and solving problems. BASIC SKILLS DEFICIENT: Must include a determination that an individual: A. Computes or solves problems, reads, writes, or speaks English at or below grade level 8.9; or B. Is unable to compute or solve problems, read, write, or speak English at a level necessary to function on the job, in the individual's family or in society. BASIC SKILLS TRAINING: Training provided to enhance locally defined inadequacies in levels of basic literacy skills (as defined above) which would improve an individual's ability to function in the labor market and in society. BELOW GRADE LEVEL: One or more levels or credits below that which is appropriate for the person's age. (Can be calculated from the highest grade completed and reading /math levels). CAREER EXPLORATION, PLANNING & COUNSELING (YOUTH): Activities which: 19D-41 37 A. Assist youth to gain career awareness, make career decisions and plans; and understand market needs, trends, and opportunities; B. Assist youth in making and implementing informed educational and occupational choices; C. Aid youth to develop career options with attention to surmounting gender, race, ethnic, disability, language, or socioeconomic impediments to career options and encouraging careers in non - traditional employment, and D. Orientation to skills and knowledge specific to career path and /or industry, based on SCANS career related learning standards and industry- specific skills, if relevant. CAREER RELATED MENTORING (YOUTH): An employee or other individual, approved by the employer at a worksite, who possesses the skills and knowledge to be mastered by a student; who provides the student with instruction and challenges the student to perform well; works in consultation with program staff, classroom teachers and the employer as appropriate. CASE MANAGEMENT: The provision of a client- oriented approach in the delivery of services, designed to: A. Prepare and coordinate comprehensive employment plans, such as service strategies, for participants to ensure access to necessary Workforce Innovation & Opportunity Activities and support services, using, where flexible, computer -based technologies; and B. To provide job and career counseling during program participation and afterjob placement. C. Case Managers and youth work together in a documented, goal oriented, participant- centered program that extends from recruitment through follow -up /retention. The case manager motivates and coordinates services and information to prepare participants for post- secondary educational opportunities, provides linkages between academic and occupational learning, and /or preparation for unsubsidized employment /training opportunities, as appropriate. CERTIFICATE: A certificate is awarded in recognition of an individual's attainment of measurable technical or occupational skills necessary to gain employment or advance within an occupation. These technical or occupational skills are based on standards developed or endorsed by employers. Certificates awarded by workforce investment boards are not included in this definition. Work readiness certificates are also not included in this definition. A certificate is awarded in recognition of an individual's attainment of technical or occupational skills by: • A state educational agency or a state agency responsible for administering vocational and technical education within a state. • An institution of higher education described in Section 102 of the Higher Education Act (20 USC 1002) that is qualified to participate in the student financial assistance programs authorized by Title IV of that Act. This includes community colleges, proprietary schools, and all other institutions of higher education that are eligible to participate in federal student aid programs. 38 19D-42 • A professional, industry, or employer organization (e.g., National Institute for Automotive Service Excellence certification, National Institute for Metalworking Skills, Inc., Machining Level I credential) or a product manufacturer or developer (e.g., Microsoft Certified Database Administrator, Certified Novell Engineer, Sun Certified Java Programmer) using a valid and reliable assessment of an individual's knowledge, skills, and abilities. • A public regulatory agency, upon an individual's fulfillment of educational, work experience, or skill requirements that are legally necessary for an individual to use an occupational or professional title or to practice an occupation or profession (e.g., FAA aviation mechanic certification, state certified asbestos inspector). • A program that has been approved by the Department of Veterans Affairs to offer education benefits to veterans and other eligible persons. • Job Corps centers that issue certificates. • Institutions of higher education which are formally controlled, or have been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes. CITIZENSHIP TRAINING: Includes life skills training such as parenting, work behavior training, budgeting of resources, and an ethic of civic responsibility. Citizenship training is one aspect of the required youth program element broadly termed "Leadership Development Opportunities ". CLASSROOM TRAINING: Academic and /or occupational training conducted in an institutional setting. Effective classroom training will provide linkages between academic and occupational learning. COLLABORATION: A mutually beneficial alliance of groups or organizations that come together to achieve common goals. This alliance is characterized by well- defined relationships that include a commitment to mutual authority and accountability for success and sharing of resources. It is expected that it transcends individual organization strategies and will integrate diverse missions, language and cultural concerns to focus on the needs of the customers. Collaboration is strengthened by a formal written agreement which delineates the responsibilities of each group, organization or entity. COMMUNITY -BASED ORGANIZATION (CBO): A private nonprofit organization that is representative of a community or a significant segment of a community and that has demonstrated expertise and effectiveness in the field of workforce investment. COST REIMBURSEMENT CONTRACT: A contract format which provides for the reimbursement of allowable costs which have been identified and approved in the contract budget and incurred in the operation of the program. Back -up documentation is required to justify payments made under this type of contract. DROPOUT (YOUTH): An individual no longer attending school who has not received a secondary school diploma or GED (note: a youth attending an alternative school is not a dropout for the purposes of this program). ELIGIBLE or ELIGIBILITY: Refers to an individual's status in relation to his /her qualification to participate in a WIOA funded program. The following are examples of eligibility criteria for various programs: residency, age, economic status, Selective Service registration, serious barriers to employment, plant closures, layoffs, long term unemployment, etc. Specific youth eligibility requirements are defined at 20 CPR, 664.2000. 19D-43 39 ELIGIBLE YOUTH: the "eligible youth" means an individual who: A. is not less than age 16 and not more than age 21; AND B. is authorized to work in the United States; AND C. is in compliance with the Selective Service Act; AND D. is a Santa Ana Resident (local requirement); AND E. is a low income individual (up to 5% of youth participants served by youth programs may be individuals who do not meet the income criterion for eligible youth); AND F. is an individual who is one or more of the following: i. Foster Child Emancipated X. Mandated Court /Agency Referral ii. Foster Youth xi. Long Term Welfare Recipient iii. Disability xii. Suspended or Expelled iv. Basic Skills Deficient xiii. GPA less than 1.5 v. Homeless xiv. Limited English vi. Pregnant or Parent xv. Poor Work History ,ii. Runaway xvi. Gang Affiliated iii. Offender xvii. An individual who requires additional ix. School Dropout assistance to complete an education, or secure and hold employment. EMPLOYABILITY: A demonstrated level of knowledge, skills, abilities, work behaviors and attitudes necessary to become successful in the labor market. ENROLLMENT: An eligible participant who has been referred for WIOA services and for whom enrollment documents have been completed. ENTERED EMPLOYMENT RATE: A participant who exits from the program and enters (through the efforts of the WIOA, Service Provider, or through their own efforts) into regular employment for pay. State Unemployment Wage records will be the primary data source for tracking this outcome therefore; employment is currently defined as an individual showing any amount of earnings in the quarter following exit. EXITER: (point of exit for counting performance outcomes) A participant who has a termination date within the quarter and has not received any WIOA service for 90 days, except follow -up, and there are no future services scheduled that participant has exited WIOA for the purposes of performance measurement. FOLLOW -UP SERVICES: All youth participants must receive some form of follow -up services for a minimum duration of 12 months after exiting the program (termination). The types of services provided must be based on the needs of the individual. Follow -up services may include: leadership development; supportive services; regular contact with the youth's employer, including addressing work - related problems that arise; assistance with job development, career development and further education; work - related peer support groups; adult mentoring; and tracking the progress of youth in employment after training. GREEN COLLAR JOBS: Career track jobs that contribute directly to preserving or enhancing environmental quality. HOMELESS /RUNAWAY (YOUTH): A youth who lacks a fixed, regular, adequate nighttime residence. Includes those who have a primary nighttime residence that is a public or private shelter, an 40 19D-44 institution providing temporary residence, public or private place not designated or ordinarily used as a regular sleeping accommodation. Runaway is defined as a person less than 18 years of age that absents themselves from home or place of residence without permission of parent or legal guardian. INCENTIVES (YOUTH): Incentives are usually awarded to youth for successful completion of one or more components of a program. Incentives can be cash, gift certificates or other items the program feels are youth motivators (T- shirts, field trips, etc.). INDIVIDUAL SERVICE STRATEGY /PLAN (YOUTH): A written outline of employment and training goals needed for a youth to attain self- sufficiency by finding and maintaining employment. The Individual Service Plan establishes short -term and long -term goals around post- secondary education and /or career employment. An Individual Service Plan may include activities to prepare the participant for employment, services to remove barriers to employment, training and job search. Individual Service Plans must be regularly reviewed and updated as changes occur in employment goals, barriers, and program services or support services needs. INDIVIDUAL WITH A DISABILITY: In general: an individual with any disability as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.) or documented through local school Individual Education Plan. IN -KIND CONTRIBUTION: Contributions provided by a service provider from non -WIOA sources to support a WIOA training program. In -kind contributions must be itemized in the proposal and contract budgets and are subject to audit. IN- SCHOOL YOUTH: Refers to a youth, age 16 -21, who has not received a high school diploma or equivalent, and is attending school, including alternative school. INTERNSHIP (YOUTH): A structured work experience involving specific occupational skills development goals in addition to learning goals; includes the expectation that the student, upon completion of the internship, will demonstrate skills necessary for entry -level employment in the occupational area of the internship. INTAKE: Includes the screening and determination of an applicant for eligibility and: (1) a determination of whether the program can benefit the individual; (2) an identification of the employment and training activities and services which would be appropriate for that individual; (3) a determination of the availability of an appropriate employment and training activity; (4) a decision on selection for participation, and (5) the dissemination of information on the program. JOB DEVELOPMENT: The planned and organized effort by service providers to encourage employers or business organizations to make jobs available for participants. JOB PREPARATION: Job search skills training which provides the participant with the instruction to obtain part -time or full time employment. These skills may include resume writing, interviewing skills, telephone techniques, and job acquisition skills. JOB SHADOW: Competency -based educational experiences that occur at a worksite but are tied to the classroom curriculum that coordinates and integrates school -based instruction with work site experiences. 19D-45 41 LEAD AGENCY: The organization submitting the proposal requesting a direct contract with the WIB. The Lead Agency will be responsible for ensuring compliance with all terms and conditions of the contract, administration and fiscal management of the contract, and will be held accountable for program results. Lead agencies submitting proposals that incorporate a collaborative relationship with other entities in the provision of comprehensive and integrated youth services must clearly identify the collaborating organization(s), the services they will provide, and the funding to support those services. LEADERSHIP DEVELOPMENT: Leadership development opportunities are one of the ten required youth program elements. Leadership development may include: exposure to post- secondary educational opportunities; community and service learning projects; peer centered activities, including peer mentoring and tutoring; organizational and teamwork training; decision - making and setting priorities; citizenship training, including life skills training such as parenting, work behavior training, budgeting of resources, employability (pre - employment skills); and positive social behaviors (soft skills), i.e., positive attitudinal development, self- esteem, cultural diversity, and work simulation activities (work maturity skills). Leadership skills might be viewed as those skills characteristic of productive workers and good citizens. LIFE SKILLS (YOUTH): Activities and /or training that assist youth to develop marketable work habits. May include modules /training /curriculum instruction in personal finance and budgeting, parenting /pregnancy prevention, self - leadership (e.g. conflict resolution, public speaking, and management, cultural history and diversity, nutrition /fitness, and health). LIMITED ENGLISH SPEAKER: An individual whose native language is not English or who has an inability to communicate in English orally or in writing resulting in a barrier to employment or training. LIMITED INTERNSHIPS: A type of work experience conducted at the site of a private sector employer which provides exposure to work and the requirements for successful job retention. Internships may be paid or unpaid but they are intended to result in unsubsidized employment. Internships are designed to improve skill competencies and assist youth in achieving employment success. LINKAGE: Any mechanism that connects or ties services together. LITERACY: The term "literacy" is an individual's ability to read, write, and speak in English and /or compute, and solve problems at levels of proficiency necessary to function on the job, in the family of the individual, and in society. LOWER LIVING STANDARD INCOME LEVEL: Income level determined annually by the Secretary of Labor based on the most recent lower living family budget issued by the Secretary. LOW INCOME INDIVIDUAL: An individual who: A. receives, or is a member of a family that receives, cash payments under a Federal, State or income -based public assistance program; B. received an income, or is a member of a family that received a total family income, for the 6- month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, payments described in subparagraph (A), and old -age and survivors insurance benefits received under section 202 of the Social Security Act 42 U.S.C. 402) that, in relation to family size, does not exceed the higher of- 19 D -46 42 (i) the poverty line, for an equivalent period; or (ii) 70 percent of the lower living standard income level, for an equivalent period; C. is a member of a household that receives (or has been determined within the 6 -month period prior to application for the program involved to be eligible to receive) food stamps pursuant the Food Stamp Act of 1997 (7 U.S.C. 2011et sec.); D. qualifies as a homeless individual, as defined in subsections (a) and (c) of section 103 of the Steward B. McKinney Homeless Assistance Act (42 U.S.C. 11302); E. is a foster child on behalf of whom State or local government payments are made; or F. in cases permitted by regulations promulgated by the Secretary of Labor, is an individual with a disability whose own income meets the requirements of a program described in subparagraph (A) or of subparagraph (B), but who is a member of a family whose income does not meet such requirements. MENTORING: The process of matching an advisor with a participant in order to assist the participant in successfully completing training. The role of a mentor may also include assisting the participant in transitioning into employment with the ultimate aim of job satisfaction and retention. Adult mentoring for a minimum duration of 12 month is one of the ten required youth program elements. MONITORING: The process of observing and /or reviewing performance may include on -site observation, review of paperwork and files, interviews with staff or participants, telephone conversation, and formal evaluation of compliance elements. OBJECTIVE ASSESSMENT (YOUTH): An assessment of the academic levels, skill levels, and service needs of each participant which shall include a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including interests and aptitudes for nontraditional jobs), supportive service needs, and developmental needs of the participant. A new assessment of a participant is not required if the provider determines it is appropriate to use a recent service strategy developed for the participant under another education or training program. OCCUPATIONAL SKILLS: Those skills identified as necessary to successfully perform work - related functions with an industry sector. Occupational skills can be attained through activities such as: 1. Entry into an apprenticeship or internship program 2. Complete a career specific, professional, technical or advanced job skill training program 3. Complete a college degree OFFENDER: An individual subject to any state of the criminal justice process who has a barrier to employment because of a record of arrest or conviction. ON- THE -JOB TRAINING: Training by an employer in the private sector that is provided to a participant that has been referred to and hired by that employer. Training occurs while the participant is engaged in productive work that: provides knowledge and /or skills essential to the full and adequate performance of the job; provides reimbursement to the employer of up to 50 percent of the wage rate of the participant for the cost of providing training; and is limited in duration as appropriate to the occupation for which the participant is being trained. ORIENTATION: Provides information about the types of services available, develops motivation and interest in the program, explains the application, selection and eligibility process, and assists applicants in preparing for the process. 19D-47 43 OUTCOME: Documented effect or impact of a service or intervention on an individual. Outcomes are what the program efforts are designed to achieve. Proposed outcomes must be stated in terms of measurable indicators. OUT -OF- SCHOOL YOUTH: An eligible youth, 16 -21 years of age, who is a school dropout; or an eligible youth who has received a secondary school diploma or its equivalent but is basic skills deficient, unemployed, or underemployed. Alternative school youth are not considered out -of- school youth. OUTREACH (RECRUITMENT): Activity involves the collection, publication and dissemination of information on program services directed toward economically disadvantaged and other individuals eligible to receive WIOA training and support services. PLACEMENT: A client securing employment while participating in the WIOA program with wages equal to or greater than the state or federal minimum wage per hour and is an unsubsidized position. PARTICIPANT: An individual who has registered and has been determined eligible to participate in and who is receiving services under a program authorized by WIOA. Participation shall be deemed to commence on the first day, following eligibility, on which the participant begins receiving core, intensive training, or other services provided under WIOA Title 1. PERFORMANCE BASED CONTRACT: Method of contracting with successful completions of certain benchmarks by the enrolled population obligates the awarding agency to make certain predetermined payments. PERFORMANCE MEASURES: • Placement in employment or education • Attainment of a degree or certificate • Literacy and Numeracy gains POTENTIAL DROPOUT (AT RISK OF DROPPING OUT): A youth who is experiencing a lack of academic success as evidenced by basic skills deficiency, by at least one school year in school credit as determined by school records, failing grades, or below GPA. PREGNANT /PARENTING YOUTH: A youth who is under 22 years of age and is either pregnant or providing custodial care for one or more dependents that are under 18 years old. PROGRAM COMPLETION: Refers to the successful achievement of the pre- specified, overall training objective(s). The term maybe used, as appropriate, to describe a subcontractor's performance under a financial agreement or a participant's performance in a training activity. Completion of a training program will be included in the calculation of the appropriate performance measurement. PROGRAM ELEMENTS: Local programs must include each of the ten program elements as options available to youth participants. PROJECT -BASED LEARNING: Learning experiences which engage students in complex, real -world projects through which they develop and apply skills and knowledge which take effort and persistence over time, result in the creation of something that matters to them and has an external audience. Employment and community partners provide students with ongoing coaching 44 19D-48 and expert advice on projects particularly in regard to effective strategies and tools used in the workplace. Projects should be authentic, involve academic rigor, applied learning, active exploration, adult connection and assessment practices. QUALIFIED STAFF: Individuals that have experience or education that qualifies the individual to conduct the training or deliver the services contracted for. REGISTRATION: (point of registration for counting performance measures) process for collecting information to determine an individual's eligibility for services under WIOA. All youth eligible for WIOA services must be registered in order to receive those services. At the point of registration, participants are counted for performance measurement purposes. RETENTION (YOUTH): Continued retention in work, school, training, education, or military. RETENTION RATE: The number of WIOA customers placed, who are employed at the end of the retention period after exiting from the program, divided by the total number of customers exited in a specific time period. SELF- SUFFICIENCY: An adequate standard of living without cash benefits. Self- sufficiency services are services that assist WIOA recipient to expand strengths and resources necessary for self- sufficiency or to reduce or eliminate barriers to self- sufficiency. SELF - SUFFICIENCY STANDARD FOR ORANGE COUNTY: Family of one must earn a minimum of $15.24 per hour or $32,177 annually. Adopted by the Santa Ana WIB on September 12, 2008. SERVICE PROVIDER: An entity such as a CBO, an educational institution, or a commercial organization which delivers services to WIOA participants under a contract. STEM: Acronym for Science /Health, Technology, Engineering and Mathematics. STIPENDS: Stipend payments may be used for youth participating in a variety of experiences. These payments may be based on attendance for youth participating in a work, education, and /or training experience. STRUCTURED WORK EXPERIENCE: A competency -based educational experience that occurs at the work site but is tied to the classroom curriculum that coordinates and integrates school -based instruction with work site experiences. SUBCONTRACT: Any compensated services performed by an individual or entity other than staff or the service provider; e.g., consultants, contracts for professional services, etc. SUBSIDIZED WORK EXPERIENCE: A career - linked job at a public or private site in which the wages paid to an employee are financially supported by a private, state or local employment and training program. SUPPORTIVE SERVICES: Service needed in order to assist the youth to be successful in achieving their goals. This may include transportation, childcare, work - related tools, and clothing. To the greatest extent possible program should address support service needs through leveraging of resources and partnerships with providers. 19D-49 45 TRACKING: The Contractor, in partnership with Santa Ana W /0 /R /K Center, will be responsible for tracking significant participant movement through the program. This will include entry into components, time in components and exits from components. Tracking will provide Santa Ana W /O /R /K Center, the contractor and other partners necessary management information to improve the program, as well as ensure that customers are all accounted for in the program. VOCATIONAL TRAINING: Provides customers with long or short -term training in a community college, university, vocational school or business environment to improve employability in the local labor market. The training can provide basic skills, upgrade current skills, develop new technical skills, improve language skills and prepare customers for employment in high growth occupations. WORK -BASED LEARNING ACTIVITIES: Activities offered which are designed to enable youth to gain exposure to the working world, acquire personal attributes, industry defined skill standards, and knowledge needed to obtain a job and advancement in employment. Activities should be designed to master progressively higher levels. Can take place at private profit, non - profit or public sector. Agencies can be paid or non -paid activities. (Note: applicable labor laws must be adhered to). Activities must be relevant to the career plan and include but are not limited to: • Career Related Mentoring • Community Service Learning • Entrepreneurial Work Experience • Internship • Job Shadow • Project -Based Learning • Subsidized Work Experience and Structured Work Experience WORK EXPERIENCE: Work experiences are planned, structured learning experiences that take place in a workplace for a limited period of time. Work experiences may be paid or unpaid. The work place may be in the private, for - profit sector, the non - profit sector, or the public sector. Work experiences are designed to enable youth to gain exposure to the working world and its requirements. These experiences should help youth to acquire the attributes, knowledge, and skills to obtain a job and advance in employment. Work experience is one of the ten required youth program elements. WORK PLAN: That portion of the contract document which describes the work to be performed by means of specifications or other minimum requirements, quantities, performance dates and a statement of the quality expected. WORK READINESS: Completion of one or more workforce readiness skill activities appropriate to the service plan development for the participant, which could include: • Career Related Assessment and Goal Setting • Pre - Employment Training • Work Experiences /Internships • Job Shadows • Career Explorations • On- the -Job Training 19D -50 46 AGREEMENT UNDER THE WORKFORCE INNOVATION & OPPORTUNITY ACT THIS AGREEMENT, made and entered into this by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "CITY ") and ( "CONTRACTOR "). W- I- T- N- E- S- S -E -T -H Recitals: A. CITY has been designated a Local Workforce Investment Area ( LWIOA) under the Workforce Innovation & Opportunity Act , Public Law 105 -220 ( "the Act "). B. The State of California has created the LWIOA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIOA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged youths for entry into the labor market and to provide basic skills development to those individuals who are economically disadvantaged or otherwise face serious barriers to succeeding in life. One goal of California's Workforce Investment System is to provide youth with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, occupational development and employment programs for economically disadvantaged youths for entry into the labor market ( "said program "). E. CONTRACTOR is willing to operate said prograrn 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: 19D -51 47 I. CONTRACTOR'S OBLIGATIONS A. CONTRACTOR agrees to provide the following services pursuant to said program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit A" and in the Statement of Work (Exhibit B), attached hereto and by this reference incorporated herein: CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust the level of payment to CONTRACTOR otherwise provided for hereinafter. B. CONTRACTOR agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in Workforce Innovation & Opportunity Act, Public Law 105 -220. C. CONTRACTOR agrees to perform the services set forth herein in a professional, timely and diligent manner. D. CONTRACTOR shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. CONTRACTOR shall adhere to the Labor Standards described in the Act including Section 181 of the Act. F. CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIOA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188); 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 19D -52 48 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 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. CONTRACTOR agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. CONTRACTOR agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 a completed Workforce Innovation & Opportunity Act Application form (WIOA EWIR) and supporting documents within 45 days of application date; a complete Workforce Innovation & Opportunity Act Enrollment /Registration form (WIOA EWIE) and Workforce Innovation & Opportunity Act Goals form (WIOA EWIG) must be submitted along with the WIOA EWIR; any subsequent updates to EWIE and /or EWIG must be completed within 10 days of the begin date of activity or end date of an activity; Workforce Innovation & Opportunity Act Youth Test Scores form (WIOA EYTS) within 30 days of application date; Workforce Innovation & Opportunity Act Exit form (WIOA EWIT) within 15 days of completion/termination of active enrollment of trainee; and the Workforce Innovation & Opportunity Act Follow -Up Contact Information form (WIOA EWIF) within 21 days following 30, 60, 90,180, 270, and 360 days of exit. CITY, the State of California and the United States government and /or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above - referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses 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 19D -53 49 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 Govermnent 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 monthly Invoices /Voucher on CITY's Invoice /Voucher form, showing in detail the amount of money already expended by CONTRACTOR hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)]. CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the twentieth (20th) day of the month following the month in which CONTRACTOR'S services are performed. Should CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this Agreement by giving CONTRACTOR ten (10) days written notice thereof. CONTRACTOR shall either return to the CITY excess revenues over costs or use such excess revenues as program income by utilizing such program income for additional training activities authorized under the Act. L. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. M. CONTRACTOR shall arrange independently for an audit that includes WIOA 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 fiords or suspend additional grant funds. N. CONTRACTOR shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. CONTRACTOR shall comply with the provisions of Circular A -102 of the U.S. Office of Management and Budget (OMB) and the related "Common Rule" entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government ", Subpart C, paragraphs 37 and 42, Circular A -128, and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. CONTRACTOR shall comply with the requirements of federal 50 19D -54 regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part 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 certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and the federal regulations, including but not limited to the regulations found at 20 CFR part 629. 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 stun not to exceed for CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit V during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. B. CITY agrees to provide for on -site monitoring reviews of said program operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will be conducted. C. CITY has the right to de- obligate the funds hereunder and take such funding back from CONTRACTOR due to any of the following reasons: (a) lack of performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available funding. 19D -55 51 III. TIME PERIOD OF AGREEMENT This Agreement shall commence on and all duties arising under this Agreement shall have been performed by . The tern of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency 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. VI. APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit B) and general program requirernents described in Sections 106 and 141 of the Act (29 USC Sections 1516 and 155 1) and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. 52 19D -56 B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR acknowledges and confirms that the U.S. Department of Labor has established three (3) performance measures for all youth ages 14 -21. Pending WIOA reauthorization and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall meet any additional performance measures that may be subsequently required by the Workforce Innovation & Opportunity Act or by any other Federal, State, and local law. 2. CONTRACTOR shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83 -354) and in accordance with Title VII of the Act, no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 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 docinnents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. 8. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit G" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, the Contractor must take reasonable steps to provide services and information in appropriate 19D -57 53 languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the CONTRACTOR by the CITY and /or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and /or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. CONTRACTOR certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 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 Govermnent Patent Policy as printed in 36 FR 16889). 54 19D -58 B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright -able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The CONTRACTOR and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a CONTRACTOR purchases ownership with grant support; and (c) CONTRACTOR shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR'Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. C. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 1. General Assurance. Every reasonable course of action will betaken by CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial political gain. CONTRACTOR, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. 2. Employment of Former State or CITY Employees. CONTRACTOR will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or 19D -59 55 implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two years following the termination of such employment. 3. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of CONTRACTOR will receive favorable treatment when considered for enrollment in programs provided by, or employment with, CONTRACTOR. 4. Conducting Business Involving Close personal Friends and Associates. Executives and employees of CONTRACTOR will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for CONTRACTOR to conduct business with a friend or associate of an executive or employee of CONTRACTOR, an elected official in the area or a voting or non- voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. 5. Avoidance of Conflict of Economic Interest. No executive or employee of CONTRACTOR elected official in the area, or voting or non - voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. 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 hannless 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. 19D -60 56 VIII. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY. Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned /leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate 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. Proof of Insurance. Certificates and endorsements roust 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. 19D -61 57 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. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, CONTRACTOR shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 20 C.F.R. Parts 652 and 660 through 671. 2. All applicable State statutes, regulations, policies, procedures and directives; All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 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 19D -62 58 both CITY and CONTRACTOR. XIII. FRAUD CONTRACTOR shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and /or reimbursement of costs incurred hereunder. XV. TERMINATION 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. 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. 19D-63 59 XVII. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: and, CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERIC: 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: 19D-64 60 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above - written. ATTEST: Cleric of the Council APPROVED AS TO FORM: City Attorney BY: Assistant City Attorney CITY OF SANTA ANA, a municipal corporation of the State of California "CITY" in City Manager "CONTRACTOR" Executive: Tax ID #: 19D-65 61 19D -66