HomeMy WebLinkAbout25B - AGMT - OJT SRVSREQUEST" FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 3, 2015
TITLE:
AGREEMENT WITH NETWORK
KINECTION, LLC FOR ON- THE -JOB
TRAINING DEVELOPMENT SERVICES
{STRATEGIC PLAN NO. 2,413)
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CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1® Reading
❑ Ordinance on 2n0 Reading
❑ Implementing Resolution
❑ Set Public Hearing For®
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Network
Kinection, LLC to provide on- the -job training development services for a one -year period ending
June 30, 2016 in an amount not to exceed $127,028.82, subject to non - substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
In November 2011, the Department of Labor (DOL) awarded the City of Santa Ana WORK
Center (WORK Center) $4,997,479 to fund its Bridges to Engineering Program, which included a
multi- agency consortium composed of: Santa Ana, Saddleback, and San Mateo colleges, Growth
Sector a non - profit; California State University Fullerton, University of California Irvine, and San
Francisco State University. The program provides 290 pre- engineering students with academic
and peer support to assist them in acquiring an engineering degree. One of the foundational
elements to this program includes an On- The -Job Training (OJT) component that has proven to
increase the probability of employment when combined with classroom training. The program will
subsidize student wages for up to six months to compensate the employer costs associated with
the training.
On October 24, 2013, the WORK Center released a Request for Proposal (RFP) for
organizations to develop work based training opportunities with local businesses for Bridges to
Engineering participants as required by the DOL H -1 B Technical Skills Training grant. Network
Kinection, LLC was selected as the most responsive and was awarded an initial one -year
contract. Network Kinection helped place 100 program participants in science, technology,
engineering, and math (STEM) related internships and other On- The -Job Training opportunities.
DOL recently approved a one -year extension of the Bridges to Engineering Program through
November 30, 2016. The additional one year period will allow pre- engineering students to attain
2513-1
Agreement — Network Kinection, LLC
November 3, 2015
Page 2
their degree and benefit from an additional year of subsidized or unsubsidized job placement
services, or internship opportunities, or On- The -Job Training.
Network Kinection, LLC will be responsible for coordinating subsidized or unsubsidized
placements, or internship opportunities with private, engineering and other STEM companies for
100 program participants. Additional responsibilities of the consultant include structuring training
plans, assisting in the preparation of agreements and employer reimbursement request
documents to the City for review, approval and processing. Network Kinection, LLC performed in
a satisfactory manner during the initial term and staff recommends approval of a new agreement
to provide continued services to the program participants during the final year of the grant.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #2: Youth, Education, Recreation,
Objective #4, (Partner with groups and organizations to promote education, senior services, job
training and development for all Santa Ana residents), Strategy B (Partner with The California
Endowment, Santa Ana College, Chapman University, UCI, CSUF and other institutions of
higher education to design career pathway programs that support priority workforce industries
(Retail, healthcare, manufacturing, renewable energies) that results in faster reemployment of
Santa Ana's residents).
FISCAL IMPACT
The Department of Labor H -1 B Technical Skills grant funds will be carried forward from FY 2014-
2015 to FY 2015 -2016 in account no. 13218744 -69135 for expenditure in FY 2015 -2016.
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Kelly Reende4 �
Executive Director
Community Development Agency
KR /CR/11
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
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;SOS° m 3aN s�
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25B -2
EXHIBIT 1
Contract No.
AGREEMENT UNDER THE WORIC ORCE INVESTMENT ACT
THIS AGREEMENT, made and entered into this 3 "d day of November, 2015, 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 Network Kinection, LLC dba
MikeMarinoff corn ("CONTRACTOR").
RECITALS:
A. CITY has been designated a Local Workforce Investment Area (LWIA) ender
the Workforce Investment Act of 1998, Public Law 105 -220 ( "the Act ").
B. The State of California has created the LWIA to administer the Act programs
operated by the State of California pursuant to the Act.
C. As a LWIA, CITY is entitled to receive federal funds to establish programs to
increase training opportunities for unemployed individuals. One goal of California's Workforce
Investment System is to provide the opportunities to find retain, or advance their employment.
D. CONTRACTOR is experienced in operating education, occupational
development and employment programs for economically disadvantaged youths for entry into the labor
market ( "said program ").
E. CONTRACTOR is willing to operate said program pursuant to the Act and
California law.
WHEREFORE, for and in consideration of the respective and mutual covenants and
promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
1.
CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to provide the following services pursuant to said
program, as more specifically set forth in CONTRACTOR'S program narrative contained in "Exhibit
A ", attached hereto and by this reference incorporated herein:
Develop On- The -Job Training and internship agreements with local private, engineering and
other science, technology, engineering and mathematics (STEM) companies on behalf of the Santa Ana
WORD Center to stti etrue work based learning gaining o'ppo'rtunities for 100 Bridges -to- Engineering
Program participants.
25B -3 Page l of 15
CONTRACTOR'S failure to provide said services may be grounds for CITY to readjust
the level of payment to CONTRACTOR other wise provided for hereinafter.
B. CONTRACTOR agrees to provide benefits to individuals who participate in the
activities and services funded by this Agreement ( "participants ") in accordance with the standards and
requirements set forth in Workforce Investment Act of 1998, Public Law 105 -220.
C. CONTRACTOR agrees to perform the services set forth herein in a professional,
timely and diligent manner.
D. RESERVED
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
tinder the WIA ", attached hereto as "Exhibit B" and incorporated herein as though fixtly set forth in 20
CFR §667.200, Subpart F. CONTRACTOR shall advise participants of their rights to file complaints
tinder 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 fiords provided pursuant to the Act, and all agreements or arrangements to carry
out such programs or activities, that it will comply fully with the nondiscrimination and equal
opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity
provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the
requirements of 41 CFR Pat 60; the Nontraditional Employment for Women Act of 1991; Title VI of
the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended;
the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; slid
with all applicable requirements imposed by or pursuant to regulations implementing those laws,
including, but not limited to, 29 CFR Part 33 and 37. The United States, the State of California and
CITY have the right to seek judicial enforcement of this assurance.
H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
approval of funding pursuant to Section 123 of the Act.
I. CONTRACTOR agrees to maintain such records and submit such reports, data and
information, on the form and containing such information, at such times as CITY may request or
require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
including but not limited to, participants' attendance, payroll records and job duty statements.
25B-4 Page 2 of 15
CITY, the State of California and the United States goverunent 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, booldceepers and accountants, and employees and participants related to this
Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion.
Monitoring activities may also include, but are not limited to, questioning employees and participants
and entering any premises or onto any site in which any of the services or activities funded hereunder
are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in federal or state
law.
In the event CONTRACTOR does not make the above - referenced documents available
within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
expenses incurred by CITY in conducting any audit at the location where said records and books of
account are maintained.
All accounting records and evidence pertaining to all costs of CONTRACTOR and all
documents related to this Agreement shall be kept available at the location where CONTRACTOR
conducted the program, as well as in the County of Orange, for the duration of this Agreement and
thereafter for three (3) years after completion of an audit, Records which relate to (a) complaints,
claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b)
costs and expenses of this Agreement to which CITY, the State of California or the United States
Govermnent take exception, shall be retained beyond the three (3) years until resolution of disposition
of such appeals, litigation, claims, or exceptions.
J. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and /or the United States
Government or their representatives, all records requested for administrative purposes, including
audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
incurred and services rendered hereunder.
K. CONTRACTOR agrees to complete in triplicate, a monthly Invoice /Voucher on
CITY's Invoice /Voucher form, showing in detail the amount of money already expended by
CONTRACTOR hereunder, as this is a cash reirrrbursement contract. Accounting records must be
supported by such source documentation such as cancelled checks, paid bills, payrolls, time and
attendance records, contract and subgrant award documents [29 CFR— Subpart C, Section 97.20 (b)(6)].
CONTRACTOR agrees to submit the above - stated documents to the WIB Administrative Office, 1000
East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth, (10th) day of the month
following the month in which CON'TRACTOR'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.
25B -5 Page, 3 of 15
I,. CONTRACTOR agrees to expend all funds in accordance with all applicable
federal, state and local laws and regulations. CONTRACTOR also agrees to provide at
CONTRACTOR'S own expense supplies and other costs of said PROGRAM.
M. CONTRACTOR shall arrange independently for an audit that includes WIA
funds received from CITY, in accordance with the Act, 20 CFR Section 667.200 and OMB Circular A-
133. CONTRACTOR shall submit one original of each required audit report. to CITY within (30) days
after the date received by CONTRACTOR. Should CONTRACTOR fail to comply with these
requirements, CITY may at its option withhold payment of fluids, or disallow fwrds 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 CPR Part 97.
P. CONTRACTOR shall comply with the requirements of federal regulations
found at 29 CFR 93 which provide that no appropriated funds may be expended, by the recipient of a
federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting
to influence an officer or employee of any agency, member of Congress or an officer or employee of a
member of Congress in connection with awarding of any federal contract, the making of any federal
grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign
a certification to that effect in a form as set forth in "Exhibit C," 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 terns and conditions of this Agreement.
Q. CONTRACTOR agrees to provide a drug -free work place and to execute
certification as set fortli in "Exhibit D" attached hereto and incorporated herein by this reference,
R. CONTRACTOR, in accordance with the Child Support Compliance Act,
recognizes mid acknowledges the importance of child and family support obligations and shall frilly
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.
25B-6 Page of 1.5
T. CONTRACTOR agrees to provide priority of services for veterans and eligible
spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans
and eligible spouses in Department of Labor job training programs under the Sobs for Veterans Act
published at 73 Fed,Reg. 78132 on December 19, 2008.
II.
CITY'S OBLIGATIONS
A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal fiords
are received Lander the provisions of the Act a surn not to exceed One Hundred Twenty Seven
Thousand and Twenty Eight Dollars and Eighty Two Cents ($127,028,82) for CONTRACTOR'S
performance in accordance with the payment schedule attached hereto as "Exhibit E" during the period
of this Agreement. Said sun 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 fiends hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
III.
TIME PERIOD OF AGREEMENT
This Agreement shall continence on July 1, 2015, and all duties arising Linder this
Agreement shall have been performed by June 30, 2016. The tern of this Agreement maybe extended
by a writing executed by the Executive Director of the Community Development Agency and the City
Attorney.
IV.
INDEPENDENT CONTRACTOR
CONTRACTOR shall, during the entire tern 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 jonnt venture relationship, or to allow the
CITY to exercise discretion or control over the professional manner in which CONTRACTOR
performs the services which are the subject matter of this Agreement; however, the services to be
provided by CONTRACTOR shall be provided in a manner consistent with all applicable standards
and regulations governing such services. CONTRACTOR 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.
25B-7 page 5 of 15
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 Scope of Work (Exhibit A) and
general program requirements described in Sections 106 and 141 of the Act (29 USC Sections 1516
and 1551) and applicable regulations, and the U.S. Departrent of Labor guidelines and regulations,
including amendments or revisions made during the terms of this Agreement. Said applicable laws are
hereby incorporated by reference and made as part of this Agreement as though fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR 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.
2. CONTRACTOR shall comply with any and all federal laws limiting the
political activity of employees hired under this Agreement.
3, CONTRACTOR shall comply with the requirements that no program
under the Act shall involve political activities.
4. 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
doctmients relating to the accounting and use of funds under this Agreement for a three -year period
from acrd after the effective date of this Agreement.
5. No person with responsibilities in the operation of any prograrn 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.
6. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
25B -8 Page 6 of 15
7. CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit F" and incorporated herein.
8. CONTRACTOR agrees to execute a certification regarding debarment,
suspension, ineligibility, and voluntary exclusion as set forth in "Exhibit G" attached hereto and
incorporated herein by this reference..
91 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 hnvestnnent Board, and shall state that the prograin is an "equal opportunity
employer /program" and that "auxiliary aids and services are available upon request to individuals with
disabilities."
10. Based on the population eligible to be served, or likely to be directly
affected by the WIA program or activity, the services or information may need to be provided in a
language other than English in order to allow such population to be effectively informed about or able
to participate in the program or activity, Pursuant to 29 CPR 37.35, the Contractor must take
reasonable steps to provide services and information in appropriate languages after considering the
scope of the program or activity, and the size and concentration of the population that needs services or
information in a language other than English.
it. 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 Tabor will have the right to patent any invention and copyright any written product or
computer prograzm 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.
25B-9 Page 7 of 15
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 Deparbrrents and Agencies, August 23,
1971, and Statement of Government Patent Policy as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement, when copyright -
able material is developed in the course of or under a DOL Grant or agreement, the author and the
CITY which developed the work is free to copyright material or to pennit 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
s'ubgrant; (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.
14. 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:
CONDUCT:
(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 cormnu nieation 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.
D. CONTRACTOR agrees to adhere to the following STANDARDS OF
25B-1 U Page 8 of 15
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, EinRloyment of Former State or CITY Employees, CONTRACTOR will ensure that any of
its employees who were formerly employed by the State of California or CITY, in a position that could
have enabled such individuals to impact policy regarding or implementation of programs covered by
this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this
Agreement for a period of not less than two (2) years following the tennination 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 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
Rinds will be used solely for purposes asserted or allowed under this Agreement. No voting member of
the WIB will cast a vote on the provision of services or vote on any matter which would provide direct
financial benefit to that member or any business or organization which the member directly represents.
6. Salary and Bonus Limitations. All subrecipients of WIA program hinds are required to
comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109 -149, Section 7013.
V11.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
and employees, from and against any and all damages to property or injuries to or death of any person
or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, agents and employees, from any and all claims, denrands, 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 ornission of CONTRACTOR, its
employees or subcontractors.
25B -1 1 Page 9 of 15
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.
C. Both parties to this Agreement shall agree to defend, indemnify, and hold
harmless the other party, its officers, agents, employees, and volunteers, from and against all loss, cost,
and expense arising out of any liability or claim of liability, sustained or claimed to have been
sustained, arising out of activities, or the performance or nonperformance of obligations under this
Agreement, of the indemnifying party, or those of any of its officers, agents, employees, or volunteers,
The provisions of this Article do not apply to any damage or losses caused solely by the negligence of
the non - indemnifying party or any of its agents or employees,
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 Ono 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 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 or 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.
25B -1 2 Page 10 of 15
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
replacement value thereof, providing protection against the classification of fire, extended coverage,
vandalism, malicious mischief, theft, and special extended perils. Governmental entities may
substitute a certificate of self insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
IX.
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 under the terms of this Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. The Act and all applicable federal statutes, regulations, policies, procedures and directives,
including but not limited to, 20 C.F.R. Parts 652 and 660 through 671
2. All applicable State statutes, regulations, policies, procedures and directives;
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terns and conditions of this Agreement.
2581 3 Page 11 of t5
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with
such or will notify CITY after enactment or modification that it cannot so comply. CITY may
thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains
all the covenants and agreements between the parties with respect to such employment, Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of Rinds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acltiowledges that approval of and funding for this Agreement is
contingent upon Federal approval, and fiords received or obligated from the Department of Labor to
CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately
notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall
modify or cease operations as directed by CITY and negotiate necessary modification to this
Agreement and /or reimbursement of costs incurred hereunder.
XV.
TERMINATION
A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30)
days written notice to the other party, Notice shall be deemed served on the date of mailing. However,
CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant.
B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations
herewnder, CITY may declare a. default and termination of this Agreement by written notice to
CONTRACTOR, which default and termination shall be effective on a date stated in the notice which is
to be not less than ten (10) days after certified mailing or personal service of such notice, unless such
default is cured before the effective date of termination stated in such notice. If terminated for cause,
CITY shall be relieved of further liability or responsibility wider this Agreement, or as a result of the
termination thereof, including the payinent of money, except for payment for approved expenses incurred
for services satisfactorily and timely performed prior to the mailing or service of the notice of termination,
and except for reimbiusernent of (1) any payments made for services not subsequently performed in a
timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute perfornnance.
25B-14 Page 12 of 15
XV.I.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any question
arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision
to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the City
shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of
such copy, CITY receives from CONTRACTOR written request to appeal said decision.
Procedures governing the appeal shall be prescribed by CITY and /or the State of
California in accordance with the Act and all corresponding regulations and OMB circulars. Pending
final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless
the dispute involves a change order.
XVII.
BREACH - SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of this
Agreement, and /or prior agreements whereby grant funds were received by CONTRACTOR pursuant
to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes
disallowances, CONTRACTOR shall promptly remedy its sets or ornissions raid /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 prograrn support until
such time as CONTRACTOR fiilfrlls 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.
XVIH.
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, W113 Administrative Office
P.O. Box 1988 (M -73)
Santa Ana, CA 92702
CLERK: Cleric of the City Cowicil
City of Santa Ana
20 Civic Center Plaza (M -30)
P,O. Box, 1988
Santa Ana, CA 92702 -1988
Telefa.csimile (714) 647 -6956
25B-1 5 Page 13 of 15
CONTRACTOR: Network Kinection, LLC
c/o Mike Marinoff
1142 S. Diamond Bar Blvd 1{160
Dianrond Bar CA, 91765
Telephone: (714) 305 -2311
Telefacsimile: (714) 549 -8109
XIX.
MERGER
This Agreement, together with the attachments hereto, expresses the total understanding
of the parties. There are no oral understandings of the parties or terms and conditions other than as
stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn,
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
258 -1 6 Page 14 of 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above - written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City AttopgY A
CITY OF SANTA ANA, a municipal
corporation of the State of California
"CITY"
By:
David Cavazos
City Manager
"CONTRACTOR"
Network Kinection, LLC
By: ' U-Y I iT By:
R n 0. [ odge Michael Marinoff
A - stant ity Attorney Executive Director /Chief Operating Officer
Tax ID #:
25B -17 Page 15 of 15
EXHIBIT A
25B -18
Bridges -to- Engineering On The Job Trainng
Scope of Work
Develop On- The -Job Training and internship agreements with local private, engineering and other
science, technology, engineering and mathematics (STEM) companies on behalf of the Santa Ana
WORK Center to structure work based learning training opportunities for Bridges -to- Engineering
program participants.
1. Develop OJT, direct placement and internship placements for 85 program participants. The Santa
Ana WORK Center will determine which participants will receive OJT, and which participants
will receive internships based on program needs and requirements.
Additional services to enhance connections to STEM employers will be provided to Bridges -to-
Engineering program participants that include:
a. Tours of local, Orange County engineering facilities to provide relationships to
employers while students explore the daily tasks of an engineer within the specific
company.
b. Pre - employment, pre - placement career development mentoring via workshops on campus
and meetings with students when appropriate.
2. Recruit local private businesses to develop Engineering and other STEM related OJT and
internship agreements on behalf of the Santa Ana WORK Center.
3. Collect and review all OJT and internship related dociunentation and submit to Santa Ana
WORK Center for review, approval, and processing, including;
a. OJT Contract Documents (Attachment I)
Three original signed copies of agreement are to be submitted, Once agreement is
approved by the City of Santa Ana, a copy of the agreement and OJT Invoice Forins will
be mailed to the employer,
b. OJT Employer Reimbursement Invoice (Attaclvnent II) and supporting documentation
including timecards, payroll registers, and cancelled checks. Payment requests by the
OJT employer are to be submitted to the Santa Ana W /O/R/K Center on a billing cycle
agreed to by both the employer and the OJT Program Coordinator (monthly is preferred);
using the City of Santa Ana OJT Invoice form. OJT invoices must represent
reimbursement requests for hours worked in specified time periods which, should
coincide with the regular payroll schedule of the OJT employer. However an OJT
employer may not request reimbursements more often than on a monthly basis. Note: A
defined work week play not exceed more than 40 working hours. OJT reimbursements
requests must not reflect hours for company paid holidays, comp time, over time or sick
leave or any time above a 40 hour work week.
c. Internship Documents (Attachment 111)
4. Submit monthly progress reports.
This project will be conducted in a manner that is consistent with the provisions of the Workforce
Investment Act and other provisions found in the H -1B Technical Skills Training grant,
2618 -a19
PROJECT TIMELINE
Placement Goal:
The goal is 85 placements ofprogran participants.
Month
Cumulative Placements
April_
5
May
- - -- 11
June
21
_
July _
25
August
31
September
41
October
_ 50
November
55
December
60
January
64
February_
68
March
73
April_
77
May
-- 81
June
85
Cumulative Placements
3U
0
`yK�c Q�C�t
G ,� �� V r
Employer Recruitment Goal.
The employer recruitment goal is 20 companies for the 85 placements of program participants.
26B6,iZ0
EXHIBIT B
25B -21
• jyj jWWJkjARM :.\
UNDER THE
WORKFORCE INVESTMENT ACT
SANTA ANA
WIA
Santa Ana Local Workforce Investment Area
Revised May 7, 2009
EXHIBIT B
25B -22
Table of Contents
I. Information Regarding Complaints 3
A. Nondiscrimination and Equal Opportunity Complaints 3
1. Policy Statement .. 3
2. Civil Rights 4
3. Nondiscrimination laws under WIA 4
4. How to File Your Complaint 5
B. Criminal Ccmplai
IL General Procedures for Handling Non- Criminal Violations of the Act 6
III. Procedures for Handling Complaints at the LWIA Level 8
IV. Procedures for Handling Complaints at the State Level 12
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Handicap Complaints by Participants 17
GLOSSARY OF WIA TERMS 20
2
EXHIBIT B
25B -23
Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa
Ana local Workforce Investment Area (LWIA) will establish programs to prepare
youth and unskilled adults for entry into the labor force and to afford job training to
those individuals facing serious barriers to employment. Every effort will be made to
provide services necessary for eligible individuals to obtain productive employment.
In implementing WIA, all contractors in the Santa Ana LWIA will foster equal
opportunity and non - discrimination, as provided in State and Federal equal
opportunity and non - discrimination laws including, but not limited to:
• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964
• The Age Discrimination Act of 1975, as amended
• Section 503 of the Rehabilitation Act of 1973
• Section 504 of the Rehabilitation Act of 1973
• Title IX of the Education Amendments of 1972
• Section 188 of the Workforce Investment Act of 1998
In keeping with our commitment, no individual shall be excluded from participation in,
denied benefits of, subjected to discrimination under, or denied employment, in the
administration or of in connection with any WIA funded program because of race,
color, religion, sex, national origin, age, handicap, or political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part under
WIA shall be open to citizens and nationals of the United States, lawfully admitted
permanent resident aliens, lawfully admitted refugee, parolees, and other individuals
authorized by the Attorney General to work in the United States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or participating in
any manner in an investigation, compliance review, hearing or any other activity
related to the administration of WIA.
3
EXHIBIT B
25B -24
Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA)
Program is delegated to the Equal Employment Opportunity (EEO) Officer for the
Santa Ana local Workforce Investment Area. Equal opportunity and non-
discrimination, however, will only be achieved through leadership and implementation
of a viable Affirmative Action Equal opportunity Program.
2. Civil Rights
No one applying for or enrolled in the Workforce Investment Act (WIA) programs may
be discriminated against because of race, color, creed, handicap, national origin, sex,
age, political affiliation, or beliefs.
This means that — for any of the characteristics listed above:
You may not be denied the opportunity to enroll in WIA.
No benefits or services maybe denied you for discriminatory reasons.
® You may not be segregated or treated any differently from other applicants or
participants, while you are being registered, interviewed, counseled or tested; or
while you are working or attending classes as part of the program.
• You must be provided an equal chance to use all facilities available in the
program.
Fair employment practices must be provided to all staff with regard to recruiting,
hiring, transferring, promotions, training, compensation, benefits, layoff, and
termination.
You have the right to make a complaint if you feel you have been denied any of the
above opportunities. You cannot in anyway be penalized for filing a complaint. Your
WIA sponsor has established a mechanism for handling complaints and grievances.
Your complaint must be filed within 180 days. All complaints will be handled
confidentially.
3. Nondiscrimination Laws under WIA
Title VI of the Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or religion.
The Age Discrimination Act of 1975
Prohibits arbitrary discrimination against persons age 40 -70.
The Rehabilitation Act of 1973
EXHIBIT B
25B -25
Prohibits discrimination based on handicap.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity receiving
federal financial assistance.
OTHER CIVIL RIGHTS LAWS
Title VII of the Civil Rights Acts of 1964
Prohibits discrimination in employment based on race, color, religion, sex, or
national origin in all terms and conditions of employment and establishes the
Equal Employment Opportunity Commission as the administrative agency.
White House Executive Order no. 11246 as Amended by Executive Order No.
11375
Creates the office of Federal Contract Compliance and prohibits discrimination
based on race, color, sex, religion, or national origin.
Department of Labor Secretary's Order no. 4 -73
Prohibits discrimination based on sex.
Equal Pay Act of 1963
Prohibits pay differential solely because of sex.
Emergency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, political affiliation, or
beliefs.
4. Flow to File Your Complaint
a. Put your complaint in writing.
b. Have it sworn to before a notary public, if possible.
c. Provides details that tell what happened, where it happened and when it happened.
d. Give the name and addresses of all persons who were present or who had anything
to do with the matter.
,..Complaints on the basis of race, color, or national origin, age, sex, religion,
political affiliation or belief, retaliation and citizenship, must be filed within 180
days of the alleged occurrence directly with:
s
EXHIBIT B
25B -26
Director
Civil Rights Center
U.S. Department of Labor, Room N -4123
200 Constitution Ave., NW
Washington, D.C. 20210
Complaints on the basis of handicap must be filed within 180 days of the alleged
occurrence. These complaints must be filed directly with the WIA administrative
entity. The WIA administrative entity shall issue a written decision within 30 days
of the filing of the complaint. If the complaint is still unresolved, an appeal may be
made to the Chief of State Workforce Investment Division Office.
The Department of Labor, the Civil Service Commission, the Equal Employment
opportunity Commission, and many other offices and agencies are committed to
assuring equal employment opportunities for all persons. They will protect you.
A case may be taken to court if the other processes do not yield satisfactory results.
You may hire your own lawyer, or if you cannot afford one, the court may appoint one
for you.
It is unlawful for an employer, union, or employment agency to punish you or any
witness for attempting to present the facts in a case.
YOUR CIVIL RIGHTS UNDER THE
WORKFORCE INVESTMENT ACT
Santa Ana Local Workforce Investment Area
1000 E. Santa Ana Blvd., Ste 200
Santa Ana, CA 92701
(714)565 -2600
B. Criminal Complaints
In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section
667.600.... Federal handling of criminal complaints and report fraud, abuse and other
criminal activity. "All information and complaints involving fraud, abuse or other criminal
activity shall be reported directly and immediately to the City of Santa Ana and the
Secretary of Labor."
fl. General Procedures for Handling Non - Criminal Violations of the
Act
The following procedure is promulgated to meet the requirements of Title 20, of the Code of
Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section
181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA
6
EXHIBIT B
25B -27
level for the receipt, investigation, hearing, and resolution of complaints by WIA participants,
sub recipients, applicants for participation, or financial assistance, labor unions, community
based organizations, or any other persons.
These procedures provide for resolution of non - criminal complaints arising from the operation of
the Santa Ana LWIA.
A complaint is defined here as a written expression by a party alleging a violation of the Act,
regulations promulgated under the Act, recipient grants, sub agreements, or other specific
agreements under the Act, including terms and conditions of employment of such
participants in employment training programs. All complaints, amendments and withdrawals
shall be in writing. These procedures are intended to resolve matters which concern policies,
procedures or action(s) arising in connection with WIA programs operated by each LWIA grant
recipient and sub recipient under the Act.
These procedures shall not be construed as affecting any other available legal remedy outside
of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of
any employee who is not a participant), either separately or simultaneously, that a person may
wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict
the LWIA grant recipient staff in carrying out informal discussion
Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and
resolution of any problems outside of and without resort to the formal complaint procedure.
A. The following principles and rules apply to all complaints at all steps of the complaint
procedures:
1. All complaints must be made in writing within 180 days of the alleged occurrence,
except complaints alleging fraud or criminal activity.
2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or
discrimination. Good faith efforts shall be made to informally resolve the complaint
prior to the scheduled hearing. Complainants have the right to withdraw their
complaints (in writing) at any time prior to the hearing. A complainant may amend
his /her complaint to correct technical deficiencies but not to add issues.
3. Complainants shall have the right to be represented at their own expense by
person(s) of their choosing at all levels of the complaint process.
4. Upon enrollment into employment or training, participants shall be provided with a
written description of these procedures, including notification of their right to file
complaints and instructions for filing.
An employer of participants, including private - for - profit employers of participants, may
use this or other complaint resolution procedures so long as the participant is
informed of the complaint resolution procedure they are to follow and the time frames
governing review of complaints are met.
7
EXHIBIT B
25B -28
A "participant ", within the meaning of these procedures, is an individual who receives
employment- training services under a program funded by Santa Ana LWIA. The
Complaint Resolution Procedures contained herein (or the alternative procedures
which an employer may use) shall be available to participants to resolve disputes
regarding items and conditions of employment of such participants in employment
training programs. However, such procedures shall not be used to resolve disputes
regardinq terms and conditions of employment of any employee who Is not a
participant, as defined herein.
5. If a complaint does not receive a decision at the LWIA grant recipient level within 60
days of filing the complaint or receives an unsatisfactory decision, the complainant
then has a right to request a review of the complaint by the Governor.
6, Complainants must initially file and exhaust LWIA grant recipient /hearing procedures
prior to appealing to the State except where the State determines that the LWIA grant
recipient's procedures are not in compliance with the State's procedures.
III. Procedures for Handling Complaints at the LWIA Level
A. Receipt Complaints
Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative
entities have the responsibility to conduct hearings and resolve complaints made by
individuals about the administration of programs in the LWIA. "LWIA level" encompasses
LWIA administrative entity and employers to which the administrative entity has delegated
the complaint resolution process. The following comprise the guidelines for resolving issues
arising in connection with WIA programs operated by the Santa Ana LWIA including
resolutions of complaints arising from actions, such as audit disallowances or the imposition
of sanctions taken by the Governor with respect to audit findings, investigations or
monitoring reports.
1. Form and Filing of Compliant
Official filing date of the compliant is the date the written complaint is received. The filing
of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall
be considered as a request for hearing and a decision must be issued within 60 days.
The complaint must be in writing and must be signed and dated. The complaint should
also contain the following information:
a. Full name, telephone number, if any, and mailing address of the complainant;
b. Full name, telephone number, and mailing address of the agency involved (respondent);
c. Clear and concise statement of facts including dates constituting alleged violation,
s
EXHIBIT B
25B -29
d. What provisions under the Act, regulations, grant or other agreements under the Act, are
believed to have been violated;
e. Remedy sought by the complainant; and
If the complainant is a private or public entity or corporation, and not a natural person,
the filing of the complaint must be duly authorized by the governing body of such entity
or corporation.
The absence of any of the requested information shall not be a basis for dismissing the
complaint.
A copy of the complaint must be sent to the respondent and both parties notified of the
opportunity for an informal resolution. At each step of the complaint process, the complainant
must be notified in writing of the next procedural step.
2. Informal Conference
Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints;
however, such informal conferences shall not extend the time within which a decision
must be issued after receipt of a complaint. Attempts at informal resolution will
commence with two (2) weeks of the date of filing of the complaint.
a. The EEO Officer will review the case and ascertain facts prior to the conference so that
appropriate resolution can take place at the time of this meeting whenever possible.
b. Although the complainant should be encouraged to attend this conference, his /her failure
to do so should not preclude his /her right to request a hearing on the matter,
c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO
Officer will write a brief report for the file stating the issues and resolution. The matter
shall then be considered closed,
d. If resolution does not result, the complainant shall be provided the necessary information
and assistance to request a hearing if he /she so desires.
3. Request for Hearing
a. As in the case of the complaint, the request for a hearing should be put in writing and
be filed in person or by mail. A governing board resolution of authorization to appeal
should also be submitted when appropriate. The request should be filled with:
Anita Queen
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M -24
Santa Ana, CA 92701
(714•) 647 -5157
9
EXHIBIT B
25B -30
A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of
filing of the complaint.
4. Notice of Hearing
Upon receipt of the request for hearing, the complainant and the respondent will be
notified in writing of the hearing ten (10) calendar days prior to the date of the hearing.
The ten -day notice may be shortened with the written consent of the parties. A decision
will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the
complaint.
The hearing notice shall be in writing and contain the following information:
a. The date of notice, name of the complainant, and the name of the party against whom
the complaint is filed.
b. The date, time and place of hearing before an impartial hearing officer.
c. A statement(s) of the alleged violation(s)
d. Advise as to where information or assistance may be obtained, and the name, address,
and telephone number of the Santa Ana LWIA Equal Employment Opportunities (EEO)
Officer who can answer inquiries.
B. Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence not
applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to
enable adjustment to the circumstances presented.
The hearing officer shall have complete independence to obtain facts and make
decisions. The hearing officer shall be in a position to render impartial decisions and
thus should not be subordinate to the Santa Ana LWIA or its sub recipients. The hearing
officer will be selected from a list of names on file with the EEO Officer,
2. Full regard must be given to the requirements of due process to insure a fair and
impartial hearing.
The hearing office designated by the EEO Officer to function in a quasi- judicial capacity
should begin the hearing by summarizing the record and the Issue and should explain
the manner in which the hearing will be conducted, making sure that everyone involved
understands the proceedings. Such explanations should be adapted to the needs of the
specific situation. The hearing officer might take testimony under oath or affirmation to
give some assurance of veracity to the hearing.
10
EXHIBIT B
25B -31
4. The burden of proof should be reasonable and flexible, dependent upon the
circumstances of the case involved. The hearing officer determines the order of proof,
Generally, the party making the complaint has the obligation of establishing his or her
case and should be examined first.
5. The party involved should have the right to be represented (at their own expense) if
he /she so desires. Other he /she is limited to his /her own abilities and those to the
hearing officer in obtaining testimony in the case.
6. It is important that the hearing officer obtain the fullest information for the record. If the
parties involved, or their representatives, do not know how to ask the right or pertinent
questions in pursuing their right to due process, it shall be necessary for the hearing
officer to step in to have all the materials and relevant facts elicited.
The practice in informal hearings is generally not to apply strict rules of evidence in
obtaining facts. However, the quantity of evidence required to support a decision on an
issue should be sufficiently credible that the state (or other appropriate agency), upon
reviewing the decision, would conclude that the decision is supported by substantial
evidence.
8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior
to the conclusion of the hearing.
9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a
recommended decision to the LWIA for final determination. The recommended decision
shall be in writing and may be accepted, rejected or modified by the Santa Ana
Workforce Investment Board.
C. Issuance of Decision
Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a
written decision to all parties by first class mail. The final decision shall contain the following
information:
1. The name of the parties involved.
2. A statement of the alleged violation and issues related to the alleged violation.
3. A statement of the facts.
4. The decision and the reasons for the decision.
5. A statement of corrective action, if any, to be taken.
6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a
review of the decision by the State Review Panel.
D. Record of Hearing
sa
EXHIBIT B
25B -32
An administrative file containing support documents on the complaint resolution process
hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to
serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of
the issues and the results, This information would then be available for subsequent review
in the event the matter is raised with the State. Such records must be retained for a three -
year period after the grant has been officially closed out.
The Santa Ana LW IA's written decision will be included in the record. Evidence received at
the hearing, notes by the hearing officer, stenographers notes and tape recordings may
also be used.
E. Establishment of Complaint Procedures
In accordance with Section 667.600, each employing agency including private- for - profit
employers of participants under the Act is required to establish a complaint procedure for
resolving matters relating to the terms and conditions of employment. Employers may
operate their own grievance system or may utilize the Santa Ana LWIA's established
procedures under Section 667,600. At a minimum these procedures must include:
Written notice, upon enrollment into employment training services, of the scope and
availability of such procedures. Employer's grievance procedures shall be set forth in a
written document and must meet the regulation mandate that a complaint will be
resolved with sixty (60) days from the date the complaint was filed, A copy of employer's
grievance procedure shall be provided to each participant upon enrollment in
employment training.
Written notice, at the time the grievance is filed, of the procedures under which the
grievance will be processed.
Written notification of the disposition of the grievance and a written decision shall be
issued within thirty (30) days of the filing of the grievance unless a present and long
established grievance specifically provides other limits; and
4, Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWIA and the State Review Panel in accordance with Section
667.600.
IV. Procedures for Handling Complaints at the State Level
Section 181 (c) of the Act and the WA regulations at 20 CPR, Section 667.600 (d) requires the
Governor to establish a State Review process of complaints filed at the LWIA grant recipient
level and of complaints initially filed at the State level.
Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall
be reviewed by the State Review Panel. The State Review Panel shall review the record
established at the LWIA level and shall issue a decision based on the information contained
therein.
12
EXHIBIT B
25B -33
Complaints which may be initially filed at the State level will be heard by an independent
hearing officer designated by the State Workforce Investment Division (WID). The hearing
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A. Form and Filing of Complaint.
1. Request for State Review of LWIA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory decision,
the State shall provide for an independent state review.
2. Filing of Requests for State Review
The State Review Panel shall review all LWIA level decisions when a request for review
is filed within 10 days of receipt of the adverse decision. Such requests must be filed in
writing with the Chief of the WID Office. The request for review should contain the
following information:
a. Full name, address, and telephone number of the party requesting the review
b. Full name, address, and telephone number of the other party
c. A copy of the decision
d. Brief statement of reasons for review or the section of the LWIA decision to be
reviewed including regulatory and statutory citations
e. A statement of the relief sought.
3. Complainant Responsibility
It is the responsibility of the complainant to include in the request for review a written
statement setting forth the facts presented at the LWIA hearing which support the
requested relief.
The Chief, WID, shall mail a copy of the request for review to the other party and to the
LWIA. It shall be the responsibility of the LWIA to submit the complete record including a
typed record of the hearing to the Chief, WID, within ten (10) days.
B. Conduct of Hearings.
1. Request for Hearing at the State Level
If no decision has been issued at the LWIA level or the State has determined an audit
disallowance or imposed sanctions, the complainant may request a hearing. The
13
EXHIBIT B
25B -34
hearing officer will then issue a recommended decision to the State's Review Panel for
final determination.
2. Filing for Request for Review
The request for a State hearing shall be filed within ten (10) days after LWIA should
have issued a decision or ten (10) days after the issuance of the audit disallowance or
sanction. The request shall be filed directly with the Chief of the WID in writing and
should include the following:
a. Full name, address, and telephone number of the LWIA
b. Name, address, and telephone number of the LWIA
C, Copies of complaints made at LWIA level from which no decisions were
issued or sanctions and imposed.
A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a designated
hearing officer will be scheduled.
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his /her position, to present oral
and /or written arguments, to examine records and documents relevant to the issue(s),
and to be represented.
The hearing officer shall issue a written decision, which shall be forwarded to the State
Review Panel for final determination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must be
approved by the Secretary of Labor
C. State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the WID,
and one from the Director's office. The panel will issue a written decision, which will be
sent to the appropriate parties within thirty (30) days of receipt of the request for State
review.
Decisions issued by this panel, under the authority of the Governor, are final.
14
EXHIBIT B
25B -35
1V/
D. Issuance of State Review Decision,
The State review will be limited to violations of the WIA, implementing WIA regulations or
the grant agreement. This review shall be limited to the record established at the LWIA
hearing.
Procedures for Handling Discrimination Complaints by
Participants.
A. Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180
days of the alleged occurrence.
It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO)
Officer to determine jurisdiction and to make the complainant aware of and provide
assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure
under Section II (A).
15
EXHIBIT B
25B -36
No later than
180 days of
alleged
discrimination
Within 10 days of
receipt of
unsatisfactory
decision or 10
clays from date
LWIA decision
should have been
Issued.
Handling of complaints filed at LWIA level arising in connection with WIA
proprom.s operated by tWIAs
Informal Resolution Process
o
Unsatisfactory Decision or LWIA Decision not issued within 60 days
w
b
O
4
N
Request for State Review �—1 w
I O
Governor's Decision issued by State Review Panel
If no decision issued by State Review Panel
16
EX IBIT B
25B-37
K rem !6
O
0
In cases where areas of authority overlap, it is the responsibility of the EEO Officer to
advise the complainant of the existence of State, Federal and other proper action
agencies, which may also have a bearing.
3. Complainants alleging discrimination under this part will be made aware of their right to
file directly with the Office of Civil Rights (OCR), U.S, Department of Labor and
applicable procedures.
4. Complainants must file their complaint directly with:
Anita Queen
Sr. Personnel Analyst —EEO Officer
20 Civic Center Drive, M -24
Santa Ana, CA 92701
(714) 647 -5157
A. Procedures for Handling Handicap Complaints by Participants
Complaints alleging discrimination on the basis of handicap will be filed and processed under
the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973
at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures
before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file his /her
complaint.
A. Procedures at the LWIA Level
The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon
receipt of the complaint, the EEO Officer shall investigate and gather information
concerning the complaint.
2. An informal conference will be held with the parties concerned in an effort to resolve the
issue(s). The complainant has the right to be present and may be represented during
the conference.
3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than
thirty (30) days after the filing of the complaint.
B. Procedures at the State Level
1. The complainant may appeal to the State if he /she is not satisfied with the decision of the
Santa Ana LWIA.
v
EXHIBIT B
25B -38
2. The Complainant must file hls /her appeal as a request for review directly with the Chief
WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision.
3. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt
of the request for review.
4. After the complainant has received a decision or no decision has been received from the
Director of Employment Development Department (on behalf of the Governor), the
complainant has the right to appeal his /her complaint within thirty (30) calendar days to
the Office of Civil Rights (OCR) with the Department of Labor.
18
EXHIBIT B
25B -39
'PROCEDURES
No later than
180 days of
alleged
discrimination
Filed within 30
days of
LWIA /State
Decision or 90
days from date of
Initial filing of
complaints
Filing of complaint on the basis Of Handicap with LWIA
Informal Resolution
If no resolution reached
Request for Hearing
Notice of Hearing
Hearing Conducted
LWIA Decision
Unsatisfactory Decision or No Decision
o
State Review
Governor's Decision
Appeal to Assistant Secretary Department of Labor
19
EXHIBIT B
25B -40
Day 1
Day 145 Day
60 Days
GLOSSARY OF WIA TERM
AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on
the basis of age by any program or activity receiving Federal Funds.
APPLICANT — An individual who applies to a subrecipient or contract for services provided under
WIA and who has not yet transitioned to the status of participant.
ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities
and interests and to develop a plan to achieve the participant's employment and related goals; also to
identify the available employment and traning activities appropriate for the participant. Testing and
counseling may also be used during assessment process.
CHARGING PARTY (CP), COMPLAINANT. GRIEVANT, OR AGGRIEVED PERSON — The person
who charges that he /she has been discriminated against under Department of Justice
nondiscrimination and civil rights regulations and /or guidelines.
DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the
effect of an action, policy or practice which selects an individual or class of persons to receive
unequal treatment.
ELIGIBLE NON - CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees,
and parolees and other individuals authorized by the Attorney General to work in the United States.
EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended,
including state and local governments and any Federal agency subjects to the provisions of Section
717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by
executive Order 11246, as amended.
GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some
equitable or legal right, or causes injustice .
HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes
or results in a substantial handicap to employment.
INTAKE — Includes screening to determine eligibility; to select from eligible applicants those
individuals who are most in need and can benefit from program services; to complete procedural
requirements necessary to enroll an individual into the program and to refer those not enrolled to
other programs.
JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal
Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC
20
EXHIBIT B
25B -41
unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in
employment and other practices and pattern or practice "joint complaints" are normally investigated
by OCR.
JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a
law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc.
PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post - termination
services) funded under the Act, following intake, except for an individual who receives only outreach
and /or intake and assessment services.
21
EXHIBIT B
25B -42
EXHIBIT C
25B -43
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in
accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in
the award documents for all s.ubawards 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
EXHIBIT C
25B -44
EXHIBIT D
25B -45
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
Pg. 2
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
EXHIBIT D
25B -46
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Organization
Authorized Signature Date
EXHIBIT D
25B -47
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Name of Contractor:
Contractor Number:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
EXHIBIT D
r
EXHIBIT E
25B -49
BUDGET
FORM
Administrative
Cost (Not to Program
Exceed 10 %) Cost
M
&
care
(
413 481 8,4
_
,...
32.431
& ETT
189 18 4
er's
i
)ensation
53.51 14
!13
Match /In 1 Total
j..
116.4
679.1
1,461.5
g .vices
Le a Se.. _J._.. ......, .�
Auditing
Services
Wirect Cost*
Staff Training*
25B -50
11
25B-51
Budget Narrative
Personnel Salaries:
Executive Director (Erick Briggs) — 1 Part Time Employee - $ 60,000.00
Coordinator (Mike Marinoff) —1 Part Time Employee -$ 50,000.00
Accountant— I Part Time Employee -$ 5,405.00
Operating Expenses:
As MikeMarinof£com and Network ICinection, LLC are already doing the same service and has
the necessary materials and resources needed to carry out the program, we narrowed down the
expenses to just Office Expenses.
Office Expenses are equally chargeable to both programmatic and administrative activities. The
supplies used will be paper, printer toners, envelopes, folders, note pads, labels, binders, clips,
stamps, and other small but necessary items to carry out both functions.
No budget is applied to Vehicle Lease despite of the hefty mileage the project is expected to
have as all vehicle costs, including broad form general liability and automobile liability coverage
with a $1,000,000 minimum coverage, will be shouldered by MikeMarinoff.com and Network
Kinection, LLC.
EXHIBIT E
25B -52
EXHIBIT F
25B -53
ASSURANCES
Contractor agrees that in addition to those agreements and obligations specified in the
contract boilerplate, attached exhibits and scope of work, it will also adhere to and obey
the following provisions, assurances, and certifications.
Prohibited Uses. Contractor assures and certifies that it will not use any funds
appropriated under this agreement for religious activity or anti- religious activity,
or to promote or oppose any political candidate, parties, and /or beliefs.
Modification. Contractor assures and certifies that any requested modification to
this agreement must be submitted in writing, explaining requested changes and
rationale. Contractor further assures that no modification will be implemented
without prior written approval from the Santa Ana WORK Center.
3. Cooperation. Contractor agrees to cooperate with any monitoring inspection
audit or investigations of activities related to this Agreement as may be
scheduled and conducted by the Santa Ana WORK Center.
4. Acknowledgement. Contractor agrees to acknowledge (give credit to) the Santa
Ana WORK Center in all oral presentations, written document publicity, and
advertisements regarding any activities that ensue from this Agreement.
5. Intellectual Property Rights. The federal Government reserves a paid -up,
nonexclusive and irrevocable license to reproduce, publish or otherwise use, and
to authorize others to use for federal purposes: !)the copyright in all products
developed under the grant, including a subgrant or contract under the grant or
subgrant; and ii) any rights of copyright to which the grantee, subgrantee or a
contractor purchases ownership under an award (including but not limited to
curricula, training models, technical assistance products and any relataed
materials). Such uses include, but are not limited to, the right to modify and
distribute such products worldwide by any means, electronically or otherwise.
Federal funds may not be used to pay any royalty or licensing fee associated
with such copyrighted material, although they may be used to pay costs for
obtaining a copy which are limited to the developer /seller costs of copying and
shipping. If revenues are generated through selling products developed with
grant funds, including intellectual property, these revenues are program income.
Program income is added to the grant and must be expended for allowable grant
activity.
6. Product Creation. If applicable, the following needs to be on all products
developed in whole or in part with grant funds:
"This workforce solution was funded by a grant awarded by the U.S.
Department of Labor's Employment and Training Administration. The solution
EXHIBIT F
25B -54
was created by the grantee and does not necessarily reflect the official
position of the U.S. Department of Labor. The Department of Labor makes
no guarantees, warranties, or assurances of any kind, express or implied,
with respect to such information, including any information on linked sites and
including, but not limited to, accuracy of the information or its completeness,
timeliness, usefulness, adequacy, continued availability, or ownership. This
solution is copyrighted by the institution that created it. Internal use, by an
organization and /or personal use by an individual for non - commercial
purpose, is permissible. All other uses require the prior authorization of the
copyright owner."
EXHIBIT F
25B -55
EXHIBIT G
25B -56
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntazy Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities, The regulations were published
as Part VII of the May 26,1988 Federal Register (pages 19160- 19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1} The prospective recipient of federal assistance fends certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance fiends is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Name and Title of Authorized.
Date .
25B -57
INSTRUCTIONS FOR CERTIFICATION
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 fiords shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed cirewnstances.
4. The terms 'covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluuitatily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
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 tivs covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded,
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List of Parties Excluded from Procurement or Non-
Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debvwed, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
25B -58