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Home My WebLink AboutORANGE COUNTY LABOR FEDERATION - 2015�J a ^a INSURANCE ON Fitt WORK MAY PROCEED .r UNTIL INSURANCE E) f IHR) GL OFD UNC 1 DAISR: 11 d A -2015 -101 AGREEMENT UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this I't day of September, 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 Orange County Labor Federation, a non -profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 141481494 ( "SUBRECIPIENT "). RECITALS: A. CITY has been designated a Local Workforce Investment Area ( LWIOA) Linder the Workforce Innovation and Opportunity Act of 2014, Public Law 1 -113 -128 ( "the Act "), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWIOA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIOA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of participants, and increase occupational skills attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ( "said program ") D. SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post - secondary education, occupational training, and employment skills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECIPIENT'S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in S[ BRECIPIEN'I'S Program Narrative contained in "Exhibit A ", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.331(a)(1)(ix), and in the Performance Indicators "Exhibit B ", per 2 CFR §200.331(d) and 2 CFR §200.328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT"S failure to provide said services may be grounds for CITY to readjust the level of payment to SUBRECIPIENT otherwise provided for hereinafter. B. SUBRECIPIENT agrees to provide benefits to individuals who participate in the Page I of 17 activities and services funded by this Agreement ( "participants ") in accordance with the standards and requirements set forth in the Act. C. SUBRECIPIENT agrees to perform the services set forth herein in a professional, timely and diligent manner. D. SUBRECIPIENT shall provide wages and benefits to individuals who participate in the activities and services funded by this Agreement in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under the WIOA ", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR 658.413. SUBRECIPIENT shall advise participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by SUBRECIPIENT. SUBRECIPIENTS 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 SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and CITY have the right to seekjudicial enforcement of this assurance. H. SUBRECIPIENT agrees that no participant(s) shall commence training prior to the approval of finding pursuant to Section 123 of the Act. I. SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and review requirements: 1. SUBRECIPIENT 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 SUBRECIPIENTS services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job dirty statements. Page 2 of 17 2. SUBRECIPIENT agrees to forward to the Santa Ana Work Center Administrative Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 20 days following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa Ana Work Center Administration. 3. CITY, the State of California and the United States governnent and /or their representatives shall have access for purposes of monitoring, auditing and examining of SUBRECIPIENT'S activities, performance, books, documents, papers, and records of SUBRECIPIENT SUBRECIPIENTs, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on- site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not make the above - referenced documents available within the City of Santa Ana, California, SUBRECIPIENT 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. 5. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPIENT 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 Govenunent 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, SUBRECIPIENT 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, SUBRECIPIENT agrees to submit to CITY, the State of California and /or the United States Govenunent or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the amount of money already expended by SUBRECIPIENT hereunder, as this is a cash reimbursement contract. Accounting records must be supported by such source documentation as invoices, bills, Page 3 of 17 statements, proof of payment, such as cancelled checks, payment confirmations, account statements, paid bills, payroll records, time and attendance records, and contract and subgrant award documents(2 CFR §200.101(b)(2)). SUBRECIPIENT 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 SUBRECIPIENTS services are performed. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the option to deobligate SUBRECIPIENT's finds and cancel this Agreement by giving SUBRECIPIENT ten (10) days written notice thereof. SUBRECIPIENT shall either return to the CITY excess revenues over costs or use such excess revenues as program income for additional training activities authorized under the Act. L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at SUBRECIPIENTS own expense, supplies and other costs of said PROGRAM. M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA funds received from CITY, in accordance with the Act, 2 CFR 200.500. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SUBRECIPIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow funds, or suspend additional grant funds. N. SUBRECIPIENT 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. SUBRECIPIENT shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations foetid at 29 CFR Part 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. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. SUBRECIPIENT 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 SUBRECIPIENT m7der the terms and conditions of this Agreement. Q. SUBRECIPIENT agrees to provide a drug -free workplace and to execute a Drug Free Workplace Certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference. R. SUBRECIPIENT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully Page 4 of 17 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. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A— Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ( "Exhibit F "), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECIPIENT acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships and various other local programs is "America's Job Center ". To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center ". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with WIOA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a proud partner of the America's Job Center network ". SUBRECIPIENT shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. Il. CITY'S OBLIGATIONS A. On May 13, 2015, the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act youth grant of $1,136,469 for fiscal year 2015 -2016. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal fiords are received under the provisions of the Act a sum not to exceed $65,000 for SUBRECIPIENTS performance in accordance with the Budget attached hereto as "Exhibit G" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost 'Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defined in 2 CPR §200.414(b) Indirect (F &A) costs. Page 5 of 17 C. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desk -top reviews of pertinent information will be conducted. E. CITY has the right to de- obligate the funds hereunder, and take such funding back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. III. TERM OF AGREEMENT A. This Agreement shall commence on September 1, 2015, and all duties arising under this Agreement shall have been performed by June 30, 2017. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT ackriowledges and agrees that it must provide follow -up services for one (1) year after the Term, whether funded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A -129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal fiords or received from the Federal government in accordance with 2 CFR § §200.310- 200.316 and 200.329; and, 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be Page 6 of 17 construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional mariner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. SUBRECIPIENT shall use appropriate funds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENT wider this Agreement. B. SUBRECIPIENT 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 SUBRECIPIENT maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators (Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though fully set forth herein. B. SUBRECIPIENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department of Labor has established six (6) performance indicators for youth: (a) Percent of participants who are in education/training activities, or in unsubsidized employment during the 2nd quarter after exit; (b) Percent of participants who are in education/training, or in wlsubsidized employment during the 0' quarter after exit; (c) the median earnings of participants in unsubsidized employment during the 2 "d quarter after exit; (d) Percent of participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit; (e) Percent of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains; and, (f) effective in serving employers. SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may be subsequently required by the Workforce Innovation and Opportunity Act or by any other Federal, State, and local law. 2. SUBRECIPIENT 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, requiring that no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. Page 7 of 17 3. SUBRECIPIENT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. SUBRECIPIENT shall maintain appropriate standards for health and safety in work and training situations. 8. SUBRECIPIENT shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by SUBRECIPIENT for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer /program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, SUBRECIPIENT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. SUBRECIPIENT 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. hi addition, any tools and /or equipment furnished to the SUBRECIPIENT by the CITY and /or purchased by the SUBRECIPIENT 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, SUBRECIPIENT will immediately return such tools and /or equipment to the CITY or dispose of them in accordance with the direction of the CITY. Pages of 17 12. SUBRECIPIENT 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 SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program developed, or data assembled, as a result of performance of work tinder this Agreement, within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The SUBRECIPIENT and the Workforce Investment Board (WIB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub - grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases ownership with grant support; and, (e) SUBRECIPIENT 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 Linder this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Page 9 of 17 Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency (`EPA ") regulations (40 CFR Part 35) as any may now exist or be hereafter amended. Under these laws and regulations, the SUBRECIPIENT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, (c) It will notify the CITY and the EPA about any kriown violation of the above laws and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable course of action will be taken by SUBRECIPIENT in order to maintain the integrity of this expenditure of public finds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b. Employment of Former State or CITY Employees. SUBRECIPIENT will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (2) years following the termination of such employment. c. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment in programs provided by, or employment with, SUBRECIPIENT. d. Conducting Business Involving Close personal Friends and Associates. Executives and employees of SUBRECIPIENT 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 SUBRECIPIENT to conduct business with a friend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or a voting or non- voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. e. Avoidance of Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non- voting member of a WIB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased Page 10 of 17 with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WIB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. f Salary and Bonus Limitations. All Subrecipients of WIOA program finds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109 -149, Section 7013. VII. HOLD HARMLESS A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of SUBRECIPIENT, its employees or subcontractors. B. SUBRECIPIENT 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 SUBRECIPIENT, its employees or subcontractors. VIII. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY (in substantially the form as Exhibit I , Additional Insured Endorsement, attached hereto). Govermnental entities may substitute a certificate of self-insurance, 2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with at least $1,000,000 limit unless reduced by CITY, which applies to both owned /leased and non -owned automobiles used by SUB.RECIPIENT employees or participants in performance of this Agreement, or, Page 11 of 17 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, SUBRECIPIENT 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 SUBRECIPIENT is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement frill 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. SUBRECIPIENT shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement, Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Youth Protection. To maintain a safe environment, funded youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $2,000,000. Youth providers will be held responsible for conducting a background clearance (live -scan) for staff that have direct interaction with youth participants that are under the age of 18. 6. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT 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 SUBRECIPIENTs 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, SUBRECIPIENT under this Agreement shall be, subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement Page 12 of 17 regulations for SUBRECIPIENTs (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, SUBRECIPIENT 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, 2 CFR 200 and 20 CFR. Parts 651 and 654 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; Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT. XIII. FRAUD SUBRECIPIENT shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. Page 13 of 17 XIV. CONTINGENCY OF FUNDS SUBRECIPIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall innnediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT 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, SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant. B. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, 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 farther liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. 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 SUBRECIPIENT 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, SUBRECIPIENT shall act in accordance with CITY's decision unless the dispute involves a change order. XVII. BREACH - SANCTIONS If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this Agreement, and /or prior agreements whereby grant finds were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes Page 14 of 17 disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and /or repay CITY all amounts due CITY as a result of SUBRECIPIENT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as SUBRECIPIENT fulfills its obligations or remedies all violations of this Agreement or prior agreements; and /or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and /or (3) terminate this Agreement by giving written notice to SUBRECIPIENT of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WIB Administrative Office P.O. Box 1988 (M -73) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 SUBRECIPIENT: Orange County Labor Federation 309 N. Rampart Street, Suite A, Orange, CA 92868 Phone: (714) 385 -1534 Fax: (714)385 -1544 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. Page 15 of 17 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 frilly, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 16 of 17 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 IC "CITY" 6016 -0-[ N, ane 1i BY Name: rlos Camac 10 Title: Director of Administration Tax ID 95- 0614067 Page 17 of 17 Workforce Innovation & Opportunity Act Youth Program Provider Orange County Labor Federation P41JI61WI13VA ■ • . 1 r' ff$TA,yi • Organization Legal Name Orange County Labor Federation Organization IDEA Orange County Labor Federation Program Name Labor & Youth Partnership for a Brighter Future Program Address 309 N. rampart St., Suite A, Orange, CA 92868 Corporate Office Address $250,000 Contact Person & Title Carlos Camacho, Director of Administration Email carlos@oclabor.ore Telephone # 714- 385 -1534 Fax # 714 - 385 -1544 Federal ID Number 95- 0614067 ORGANIZATION STATUS Public Non- Profit Per Capita Tax Corporation I I Private Non - Profit x Years in Operation $465,600 Private for Profit $250,000 Government $ Other Sam -Spm PRIMARY FUNDING SOURCES Funding Source Per Capita Tax Fundraiser Grants I Thursday Friday Amount $465,600 $160,000 $250,000 $ $ DAYS & HOURS OF OPERATION Days Monday Tuesday I Wednesday I Thursday Friday Saturday Sunday Hours 8am -5pm 8am -5pm I Sam -5pm 8am -5pm Sam -Spm Varies Varies TARGET POPULATION Number of Out -of- School 8 Number of In- School Youth 2 # of Youth to be Served in 2015 -2016 10 Total WIOA Funds $65,000 Requested In compliance with the REP noted above, and subject to the conditions thereof, the undersigned offers to furnish the services stipulated and certifies he has read, understands, and agrees to all terms, conditions, and requirements of this REP and is authorized to contract on behalf of the organization named above. 1 �_ �ii✓rs�.. -�' Nda�. 'sri -F� Cl-,s 1, Gi-9nature Title Date EXHIBIT A Orange County Labor Federation, AFL -CIO WIOA Youth RFP Proposal 1. Experience /Qualifications A. The Orange County Labor Federation, AFL -CIO (OCLF) is a non - profit which represents more than 93 different Local Unions who represent more than 250,000 union members throughout Orange County, B. The OCLF is located at 309 N. Rampart St., Suite A, Orange, CA 92868 with Chapman Ave to the south and E. Orangewood Ave to the north. C. The OCLF's regular hours are Monday through Friday from 8am to 5pm but is usually open longer hours and on weekends for community meetings and special projects. D. Being a Union office, the OCLF is accustomed to members bringing spouses & children to all meetings /events held by the OCLF. Staff makes themselves available to children of union members and the community at large to assist with filling out of college applications and FAFSA forms. The OCLF's computer room is readily accessible to anyone in need of a computer /printer. Internships offered by the OCLF are popular amongst high school and college students. E. The average annual operating budget of the OCLF is $950,000. Main sources of funding are from per- capita tax paid by our affiliated Local Unions, annual fundraisers and grants. • The OCLF employees 7 full time employees who are responsible for various departments but work together to reach goals set by the OCLF. • The OCLF worked with the County of Orange on a summer internship program for troubled youth. The OCLF is proud of its past work with youth. Youth will stop by to thank us for assisting and guiding them while some have stopped by to show us a college acceptance letter and to say thank you. In partnership and collaboration with community and labor groups, we are proud to advocate and support re -entry programs for youth. 2. Proposed Program A. Program's main objectives are as follows: 1. To expose and prepare youth for apprenticeship programs 2. Prepare youth for apprenticeship written and math exams 3. Prepare youth for oral interviews 4. Assist youth with in securing the necessary equipment and tools to be successful on job sites 5. Assist youth in building a professional portfolio Exhibit A 1 6. Review skills and education, provide referrals to assist youth in completion of high school diploma or GED. 7. Provide guidance and support for post- secondary education 8. Provide support /guidance on career exploration and job placement. B. Proposed Timeline: a. Introductory Period — August 1St to August 31st i. Outreach/ Advertisement; flyers to Santa Unified School District, OC Dept. of Education sites, Veteran agencies & community organizations b. Selection of Participants — October 1St to November 30th I. Review of Youth Applications ii. Youth Interviews iii. Program Introduction iv. Assessment & TABE Test c. Program Phase 1— December 1st to January 30th i. Training: soft skills, interviewing, resume preparation, health and safety; H. Internships /Unpaid work Experience d. Program Phase 2 — February 1st to July 31St L Apprenticeship /Job Placement ii. Paid Work Experience iii. Two /Four Year Higher Education Enrollment 3. Population A. The OCLF is requesting $60,000 to serve a total of ten (10) youth. B. Age range served by this grant is 16 -24. C. Must be able to comply with physical requirements established by desired work environment (i.e., construction trades, hospitality). D. See below: 1. The OCLF is committed to recruit 5 Out -of- School youth 2. The OCLF is committed to recruit 1 foster /emancipated youth 3. The OCLF is committed to recruit 2 youth who have dropped out of high school 4. The OCLF is committed to recruit 2 youth on probation E. The OCLF will reach out to school districts throughout Orange County, local youth organizations such as Boys & Men of Color, Youth & Government, OC Probation Department, Family Resource Centers, The Center OC, Orange County Communities Organized for Responsible Development, Korean Resource Center, Cambodian Family Center and Local Unions affiliated with the OCLF. F. See Attached Letters Exhibit A 2 G. The OCLF is confident that 100% fulfillment of required enrollment will be met by December 31, 2015. This will be met by outreaching to our partners mentioned above and community through flyers, social media, OCLF website, invitation to participate letters, and speaking engagements. 4. Assessment A. The OCLF will use the Test for Adult Basic Education tool to assess youth participant's reading and math skills. B. Based on the TABE assessment results, the OCLF will then triage youth participants into 3 different levels: • Career Exploration: Connect youth to careers based on assessment results • Orientation: Assist youth in connecting with mentors and available apprenticeships • Worker Rights: Connect currently employed youth with advancement opportunities and /or attaining certification within industry. C. The OCLF acknowledges that not all youth are on the college track, are presented with other alternatives post high school and face hardships. Unfortunately, income levels present a big challenge for low income families to pursue a four year degree. In addition, alternatives are rarely available due to lack of knowledge. According to 2014 "Orange County on the Cusp of Change" report, "Orange County is among the most expensive places to live in the entire country' and "ranked 4th out of the largest 100 metropolitan areas for fastest growing income gap between the rich and the poor between 1990 and 2012." Furthermore, "migration patterns have created a county with social polarization and geographic inequalities." Also, "the top five cities with highest unemployment in Orange County - Anaheim, Santa Ana, Garden Grove, Stanton, and Buena Park — are also the lowest- income areas." "The number of children between preschool and twelfth grade that identified as homeless or in unstable living arrangements rose 7% to over 30,000." Further research shows "emerging communities tend to be lower income and face educational attainment challenges and language isolation." "For instance, while members of the Korean community have a substantially better record of educational attainment rates than members of the Vietnamese community, both groups are affected by linguistic isolation that hinders their ability to seek or receive help on a wide range of issues like healthcare and educational services." D. The OCLF envisions a triage system that will address the barriers that youth encounter. We will utilize the TABE assessment tool to better understand the needs of individual participants. Based on those results, youth will be guided to three distinct areas: Exhibit A 3 • Career Exploration (Program Phase 1): If results give low education level, nothing to minimal job experience, and face language barriers, then participants will: a) Connect youth to skill development program b) English as Second Language, Language arts and math tutoring c) Job skill development including soft skills • Orientation (Program Phase 2): For youth who obtained some or all high school credits but in need of additional assistance to connect with apprenticeship opportunities and /or advanced career paths: a) Familiarize youth to Pre - Apprenticeship curriculum b) Provide youth with soft skills training c) Introduce youth to trades & higher education certification programs • Worker Rights: Connect currently employed youth with advancement opportunities and /or attaining certification within industry. a) Provide youth with workplace safety training b) Career advancement opportunities c) Connect youth with industry certification d) Connect youth with college degree opportunities within industry S. Paid & Unpaid Work Experience A. The OCLF plans on partnering with different Local Unions and organizations to provide to both paid & unpaid work experience. i. Youth will train on how to present themselves professionally in various types of settings. Also, obtain training on general office skills and entry level clerical work such as data entry Word, Excel, Access, and Power Point. Participants will also learn how to use healthy cities, a website that allows individuals to access geographical information. ii. While this grant is focused on preparing youth for apprenticeship programs, youth will be working with our affiliated Local Unions that offer apprenticeship programs. The OCLF's intent is to familiarize youth with these programs and the process of applying and getting accepted. iii. The OCLF will place youth participants on internships with various Local Unions throughout Orange County. Specifically, youth will have the opportunity to work with both public and private sector unions. These unions represent county & city employees (i.e. firefighters, police, court reporters), nurses, grocery & retail workers, roofers, plumbers and electrical workers. This will give youth real hands -on experience and a realistic experience of what the "job" entails. Exhibit A 4 B. The OCLF is currently working with Local Unions to design on -the job training programs. i. The OCLF will team up with UniteHere Local 11, Local Union that represents hotel and restaurant employees, to provide internships and /or summer employment opportunities in the hospitality /entertainment industry. 6. Alternative Secondary School Services A. The OCLF will explore the needs of youth on a one -to -one basis to review goals and aspirations. B. Youth will be familiarized with high school diploma /GED completion requirements and programs available within the community. Youth who lack a high school diploma /GED will be put on track to receive one by: 1. Providing math and English tutors 2. Providing access to computers with internet access and printers 3. Commit to providing progress reports 4. Providing additional tutoring, if requested. 5. Providing specialized support if special needs are discovered or presented by youth., 7. Preparation for Postsecondary Education and Training A. In conjunction with different Local Unions (Roofers Local 220, Ironworkers Local 416 & 433, Electricians 441, and Building & Construction Trades Council), youth will be placed in identified courses that are offered in common without regard to a particular craft, a common core curriculum. B. Once accepted into an apprenticeship program, youth will be on track to be hired into the industry upon completing that specific apprenticeship program. In addition, the core curriculum will provide a gateway to postsecondary education and careers into any of the building trades from high school or community college to joint industry registered apprenticeships. C. Youth will start off with basic training. The courses are: general orientation to apprenticeship; cardiopulmonary resuscitation (CPR) and first aid; OSHA 10 hour certification course; blue -print reading; applied mathematics for construction applications; history of the construction industry and the heritage of the American worker. The general orientation course includes construction industry structure and the construction process; orientation to apprenticeship itself; tools of the various trades and the safe handling of both hand and power tools; industry standards of work responsibility and craft excellence. Course syllabi and education objectives have been systematically developed and from them, curriculum materials were identified and integrated into a multi -craft core Exhibit A curriculum. The total core curriculum is approximately 120 hours of classroom training, 40 additional hours may be added as a precondition for particular crafts D. OCLF will expose youth to the various post- secondary educational institutions by hosting career days, college nights where school administrators are invited to speak, field trips to local campuses and hosting higher education workshops. E. All youth participants will receive cardiopulmonary resuscitation (CPR) and first aid certificate and the U.S. Department of Labor /Occupational Safety and Health Administration (OSHA) 10 hour certificate. F. Traditionally, building trades have been a high growth industry in Orange County. As the industry continues to rebound, thedemand for skilled, reliable, entry level workers will continue to increase to replace those who are retiring from their work as laborers. 8. Tutoring A. OCLF will provide tutoring to youth that need help improving their math and writing skills.During orientation, youth will be assessed and then placed in appropriate tutoring schedules. Youth will review math and English requirements for apprenticeship programs to increase their chances of successfully passing the entrance exams. Case Manager will work closely with all participants to help meet the needs of all youth. Tutoring will be facilitated by the Case Manager and staff of the OCLF throughout the program term. 9. Mentoring A. A. The OCLF will build a cohort of mentors that will work closely with youth. Potential mentors will include Local Union Presidents, executive board members, college professors and teachers among others. After youth are assessed, they will matched with the appropriate mentor based on career interest. Mentors will be required to pass a background check, attend an orientation and commit to a certain number of hours per week. B. Working closely with Family Resource Center and the Kinship Program, all youth that has encountered challenging obstacles will be referred for professional help. This includes, but not limited to, mental health counselors, family counselors, support group and self- esteem workshops. C. Yes, as mentioned above, Family Resource Center has agreed to collaborate in this effort by providing access to mental health programs. D. As mentioned above, Kinship, a re -entry program, has agreed to collaborate in this effort by providing alcohol & drug counseling and referral to second level support, if needed. Exhibit A 6 10. Workshops The OCLF will provide the following workshops: 1. Financial Literacy /Budget Management; Will teach youth the basics of credit. Youth will learn how to build and maintain good credit, understanding credit scores and credit reports, responsible use of credit cards, loans and how to manage debt. Also, the difference between a regular bank and credit unions. 2. Entrepreneur Skills Workshop: Youth will learn time management skills, drafting and understanding a business plan, drafting and understanding budgets. 3. Labor Market Information: Youth will learn to understand job market trends and future high demand jobs. 4. Family Planning: Youth will learn how to understand oneself, effective communication, conflict management and resolution, safe sex, problem solving and relationship skills. 5. Worker's Rights /Labor Laws: Youth will learn general employment protection laws and new California laws. 6. Analytical Skills at the workplace: Youth will learn their rights and responsibilities that will provide them with decision making skills. 7. Health Resources: Youth will be provided with available resources in Orange County. 8. Public Speaking Skills: Youth will learn through self- assessment and practice (both small and large group settings) to overcome public speaking fear. 11. Civic Engagement /Leadership Development A. The OCLF will offer a civic engagement development opportunity for WIOA and other youth or community members that may be interested. The Civic Leadership initiative is a 10 week course designed to prepare youth and community to understand how government (School, City, County, State & Federal) works. Also included in the course is: how to understand local issues and how to become part of the solution, how to organize others affected by the issue, how to properly communicate with media and why it's important to be an active member of your community. B. All youth will be required to participate. Certification will be given C. Regardless of funding, civic engagement development will be provided to not WIOA and non -WIOA youth. Exhibit A 7 12. Supportive Services The OCLF will provide the following: 1. Childcare: Stipends will be made available to youth with young children. To be eligible, youth must complete an application and be enrolled in OCLF program for at least 30 days and must maintain regular attendance. 2. Bus Pass: Passes will be made available to youth participants. To Be eligible, youth must be enrolled OCLF program and must commit to alternative high school /GED program. 3. Gas Cards: Cards will be provided to youth as needed. To be eligible, youth must be enrolled in OCLF program and must possess driver's license and meet insurance requirements. 4. Educational Needs: Participants will receive financial assistance for cost of entry exams, books and /or certification. 5. Safety Gear: Once participant is accepted into an apprenticeship program, they will receive appropriate tools and boots. 13. Follow -Up Services A. The OCLF is committed to providing follow -up services to youth participants 12 months after exit. Quarterly reports will include progress, goals reached, challenges and difficulties faced, and follow up with mentors. B. The OCLF is committed to keep interacting with youth participants beyond the proposed 12 month program. Youth will continue to have access to mentors. All youth will be invited to conferences, trainings and workshops related to safety at work, worker rights among others. C. The OCLF is committed to the success of our youth and look forward to working with our youth by using participants as future mentors. Youth will continue working with their assigned mentors. Youth will be given the opportunity to join the union which represents their trade to ensures job security and to keep youth engaged and on track to attain their goals. D. The OCLF is committed to ensuring that all youth meet the performance indicators during the follow -up period. With our aggressive hands -on approach, goal setting and reviewing as needed, constant one on one support, guidance from mentors and field experts, we are confident that most, if not all, will meet the performance indicators. E. The OCLF is committed to providing follow -up services to youth participants during the follow up period. Working closely with Family Resource Center and the Kinship Program, all youth that has encountered challenging obstacles will be referred for professional help. This includes, but not limited to, mental Exhibit A 8 health counselors, family counselors, support group and self- esteem workshops. F. The OCLF commits to make itself available to youth at any time during the follow up period. We also welcome the opportunity to continue a working relationship after program has ended. 15. WIOA Performance Indicators Performance indicators are as follows: 1. 40% (4 participants) will be in education, training or unsubsidized employment during the 2nd quarter after exit. It is our goal to place 40% of our participants in a 4 year higher education program. 2. 40% (4 participants) will be in education, training or unsubsidized employment during the 4th quarter after exit. It is our goal to place 40% of our participants in a 4 year higher education program. 3. The OCLF will document the median earnings of participants in unsubsidized employment during the 2"d quarter after exit by continuing our relationship with participants and the offering of follow -up services. 4. 20% (2 participants) will obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit. 5. 80% of participants will be in education or training that leads to a recognized postsecondary credential or employment and who are achieving measurable skills gain. 6. The OCLF is committed to make sure that youth are properly trained in worker safety, worker rights and entry level skills to make them effective in serving employers. 16. Prior Outcomes 17. _Fiscal Competency D. The OCLF has a bookkeeper who will manage fiscal data. E. See Attachment I F. To ensure fiscal accountability, appropriate expenditures and planned cost, all expenditures must be budgeted, proposed and approved by our executive board. All checks must be signed by two signers and backup (receipts, invoices, 19's, W2's) MUST be provided. Exhibit A 9 G. After budget is approved, invoices will be submitted with appropriate back -up for payment. Our bookkeeper has been on staff for more than 10 years and also have a CPA on retainer. H. The OCLF is an organization that has grown tremendously throughout the years with an operating budget of nearly $1 million per year. We view this as an opportunity to extend our services to our community and maximize partnerships and resources. I. Direct Youth Services; 36.1 of budget - Overhead /Administrative Cost; 63.9% of budget J. See Attachment T,U and S. K. See budget form and budget b= narrative attached. Exhibit A 10 Objective Activity Timeline Introductory Period 1) Advertisement & Outreach September 1st to - Flyers to SAUSD, Veterans, October 31st community organizations Selection of Participants 1) Review of Applications October 1st to 2) Participant Interviews November 30th 3) Program Introduction 4) Needs Assessment /TABE Test? Program Phase 1 1) Training November 1st to -Soft Skills January 31st - Interviewing - Resume Preparation - Health & Safety 2) Internships /Unpaid Work Experience Program Phase 2 1) Apprenticeship /Job Placement February 1st to 2) Two /Four Year Higher Education July 31st Enrollment Exhibit A 11 Orange County Labor Federation Labor & Youth Partnership for a Brighter Future Work Experience Policy OCLF WIOA youth participants may participate in work experience activities that can include workforce readiness workshops, internships, worksites, and or trainings, all which will lead to exposure to apprenticeships or union work. Youth may earn up to $1,170 total throughout their participation of the program. Youth will receive $130 payment in the form of a stipend check or VISA card, up to 9 times throughout their participation for every 20 hours of work experience completed. Youth will be required to track their work experience hours and activities on a timesheet that will be signed by the youth and supervisor in order to receive payment. Youth may receive additional payments for work experience, if additional funds become available. Case Manager and Executive Director of the program must approve and document additional payments. Procedures: Youth may earn up to 9 payments of $130 each for every 20 hours of work experience per month, up to a total of $1,170.00. # Hours Payment Work Experience Activities 1 20 hours $130.00 • Soft Skills Training • Workforce Readiness Training 2 20 hours $130.00 • Soft Skills Training • Workforce Readiness Training 3 20 hours $130.00 . Soft Skills Training • Workforce Readiness Training 4 20 hours $130.00 • Soft Skills Training • Workforce Readiness Training 5 20 hours $130.00 • Internship • Worksite • Apprenticeship 6 20 hours $130.00 • Internship • Worksite • Apprenticeship 7 20 hours $130.00 i Internship • Worksite • Apprenticeship 8 20 hours $130.00 • Internship • Worksite • Apprenticeship 9 20 hours $130.00 • Internship • Worksite • Apprenticeship TOTAL: 180 hours TOTAL: $1,170 EXHIBIT A YSPN MEMBER PERFORMANCE PLAN 2015 -2016 Orange County Labor Federation PROJECTED ENROLLMENTS & EXPENDITURES WIOA YOUTH POPULATION Quarter Youth Population Estimated Expenditures per Quarter Ages per Quarter #.ofYoutfi to ;be Served In- School 5 18 -21 2.n (100% Enrollment Required) 2 Out of- School (75% minirnum) 3` 18 -24 $16,250 8 . TOTAL INUMBEROrYOUTH TO.BE $ERUED', TOTAL,, 10 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 100% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER- DECEMBER 31, 2016) Quarter # of Enrollments Estimated Expenditures per Quarter per Quarter 1" 5 $10,000 2.n (100% Enrollment Required) 5 $16,250 3` [ $16,250 4` $22.500 TOTAL,, 10 $65,000 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided in your program July 1, 2015 -June 30, 2017 (Projected Benchmarks subject to change) X 1. Tutoring, study skills training, dropout prevention 1. %of Participants who are in education /training, strategies or in unsubsidized employment during the 2nd quarter after exit X 2. Alternative secondary school services or dropout recovery Benchmark: 70% X 3. Paid & unpaid work experience that have academic 2. % of Participants who are in education /training, and occupational components, which may include: or in unsubsidized employment during the 4`h summer employment, pre- apprenticeship, internships quarter after exit & job- shadowing, or On- the -job training (20% of Benchmark: 64% funds must be used for this element) X 4. Occupational skills training — priority for recognized 3. The median earnings of Participants in credentials aligned with sectors in- demand unsubsidized employment during the 2nd quarter after exit Benchmark: $15 per hour X 5. Education offered concurrently with workforce 4. % of participants who, during the program, are in preparation activities education or training that leads to a recognized postsecondary credential or employment AND who X 6. Leadership development- community service & peer centered activities are achieving measurable skill gains Benchmark: 69.5% X 7. Supportive Services X 8. Adult mentoring X 9. Follow -up services for not less than 12 months after 6. % of Participants who obtain a recognized exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit X 10. Comprehensive guidance & counseling drug & alcohol, etc. Benchmark: 64% X 11. Financial literacy 7. Effectiveness in serving employers Benchmark: _ X 12. Entrepreneurial skills training X 13. Labor marker information- career awareness and exploration X 14. Activities to help youth prepare for and transition to postsecondary education EXHIBIT B COMPLAINT HANDLING UNDER THE WORKFORCE INVESTMENT ACT SANTA ANA WIA Santa Ana Local Workforce Investment Area Revised May 7, 2009 EXHIBIT C Table of Contents I. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Stateme 2. Civil Rights 4 3. Nondiscrimination laws under WIA 4 4. How to File Your Complaint 5 B. Criminal Complaints II. General Procedures for Handling Non - Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWIA Level 8 IV. Procedures for Handling Complaints at the State 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Handicap Complaints by Participants 17 GLOSSARY OF WIA TERM 2 EXHIBIT C Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Investment Act (WIA), the City of Santa Ana Local Workforce Investment Area (LWIA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIA, all contractors in the Santa Ana LWIA will foster equal opportunity and non - discrimination, as provided in State and Federal equal opportunity and non - discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Investment Act of 1998 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIA funded program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIA. EXHIBIT C Administration responsibility for this Equal Opportunity /Affirmative Action (EO /AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Investment Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Investment Act (WIA) programs may be discriminated against because of race, color, creed, handicap, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons age 40 -70. The Rehabilitation Act of 1973 4 EXHIBIT C Prohibits discrimination based on handicap. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4 -73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: s EXHIBIT C Director Civil Rights Center U.S. Department of Labor, Room N -4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of handicap must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIA administrative entity. The WIA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INVESTMENT ACT Santa Ana Local Workforce Investment Area 1000 E. Santa Ana Blvd., Ste 200 Santa Ana, CA 92701 (714)565 -2600 B. Criminal Complaints In accordance with the WIA (P.L. 105 -200) and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non - Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 667.600 through 667.640 of the WIA regulations, and Section 181(c) of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWIA EXHIBIT C level for the receipt, investigation, hearing, and resolution of complaints by WIA participants, sub recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non - criminal complaints arising from the operation of the Santa Ana LWIA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIA programs operated by each LWIA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non -WIA complaint. Also, these procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWIA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his /her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private- for - profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. EXHIBIT C A "participant ", within the meaning of these procedures, is an individual who receives employment- training services under a program funded by Santa Ana LWIA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWIA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request•a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWIA grant recipient /hearing procedures prior to appealing to the State except where the State determines that the LWIA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWIA Level A. Receipt Complaints Pursuant to the WIA regulations found at 20 CFR, Section 667.600, the LWIA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWIA. "LWIA level" encompasses LWIA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIA programs operated by the Santa Ana LWIA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWIA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; EXHIBIT C d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; e. Remedy sought by the complainant; and If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWIA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his /her failure to do so should not preclude his /her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWIA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he /she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 EXHIBIT C b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten -day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWIA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: 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. 1. 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. 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. io EXHIBIT C 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) he /she so desires. Other he /she is limited to his /her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWIA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Investment Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWIA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. D. Record of Hearing 11 An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWIA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWIA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three - year period after the grant has been officially closed out. The Santa Ana LWIA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 667.600, each employing agency including private- for - profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIA's established procedures under Section 667.600. At a minimum these procedures must include: 1. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWIA and the State Review Panel in accordance with Section 667.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIA regulations at 20 CFR, Section 667.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWIA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWIA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record established at the LWIA level and shall issue a decision based on the information contained therein. 12 EXHIBIT C Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWIA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWIA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWIA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWIA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWIA. It shall be the responsibility of the LWIA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level If no decision has been issued at the LWIA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The 13 EXHIBIT C hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWIA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWIA b. Name, address, and telephone number of the LWIA C. Copies of complaints made at LWIA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his /her position, to present oral and /or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. Decisions issued by this panel, under the authority of the Governor, are final. 14 EXHIBIT C D. Issuance of State Review Decision. The State review will be limited to violations of the WIA, implementing WIA regulations or the grant agreement. This review shall be limited to the record established at the LWIA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWIA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWIA's procedure under Section II (A). is EXHIBIT C No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWIA decision should have been issued. Handling of complaints filed at LWIA level arising in connection with WIA programs operated by LWIAs Informal Resolution Process Unsatisfactory Decision or LWIA Decision not issued within 60 days w 0 O 0 Request for State Review w 0 0 0 Governor's Decision issued by State Review Panel If no decision issued by State Review Panel o Appeal to DOL 16 EXHIBIT C c c C c t V 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Anita Queen Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M -24 Santa Ana, CA 92701 (714) 647 -5157 Vl. Procedures for Handling Handicap Complaints by Participants Complaints alleging discrimination on the basis of handicap will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWIA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his /her complaint. A. Procedures at the LWIA Level 1. The complainant shall file his /her complaint directly with the Santa Ana LWIA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWIA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he /she is not satisfied with the decision of the Santa Ana LWIA. 17 EXHIBIT C The Complainant must file his /her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWIA's decision. The Chief -WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his /her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. ss EXHIBIT C PROCEDURES :FOR HANDLING; HANDICAP COMPLAINTS. No later than 180 days of alleged discrimination Filed within 30 days of 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 o If no resolution reached o Request for Hearing Notice of Hearing Hearing Conducted LWIA Decision o Unsatisfactory Decision or No Decision o State Review Governor's Decision Appeal to Assistant Secretary Department of Labor 19 EXHIBIT C Day 1 Day /45 Day 60 Days GLOSSARY OF WIA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP) COMPLAINANT GRIEVANT OR AGGRIEVED PERSON — The person who charges that he /she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and /or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON- CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . HANDICAPPED INDIVIDUAL — Any individual who has a physical or mental disability that constitutes or results in a substantial handicap to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC 20 EXHIBIT C unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post- termination services) funded under the Act, following intake, except for an individual who receives only outreach and /or intake and assessment services. 21 EXHIBIT C i CERTIFICATIOU908RDING LOBBYING CERTIFICATION FOR CONTRACTS GRANTS LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any organization, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any organization, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. C ✓ \u) C — ^1L- -p Grantee /Contractor Organization Si nat a Date c�.i0, (�'e- . �D Name of Certifying Official Signature 32 Certification Regardinq Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an EXHIBIT E employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Date Program Operator Signature Orange County Labor Federation EXHIBIT E DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Orange County Labor Federation Name of Contractor: Orange County Labor Federation Contractor Number: A -2015- Date: September 1, 2015 - June 30, 2016 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): 309 N. Rampart St., Suite A Orange CA 92868 EXHIBIT E Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160 - 19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or organization; b. Have not within a three -year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Grantee /Contractor Organization Name and Title of Official Authorized to Certify On Behalf of the Grantee Date EXHIBIT F 30 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", " debarment", " suspended ", "ineligible ", "lower tier covered transaction ", "participant ", "person ", "primary covered transaction ", "principle ", "proposal ", and "voluntarily excluded ", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded" from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and /or debarment. 31 OC Labor Federation $ 18,000.00 BUDGET FORM $ PY 2015 -2016 Personnel Salaries $ Total Program Cost Total WIOA Cost Match /In Kind Executive Director 5% $ 90,000.00 $ - $ 4,500.00 Case Manager 100% $ 36,000.00 $ 36,000.00 $ - Senior Manager 20% $ 62,000.00 $ $ 12,400.00 Administration 9% $ 56,000.00 $ 5,000.00 $ 51,000,00 Personnel Benefits Executive Director $ 18,000.00 $ $ 900.00 Case Manager $ 7,200.00 $ 7,200.00 Senior Manager $ 12,400.00 $ $ 2,480.00 Administration $ 10,400.00 $ - $ 936.00 Total Salaries & Benefits $ 292,000.00 $ 48,200.00 $ 72,216.00 Operating Expenses Rent $ 82,000.00 $ $ 82,000.00 Utilities $ 18,000.00 $ $ 18,000.00 Phones $ 3,500.00 $ $ 3,500.00 Internet Fees $ 1,500.00 $ $ 1,500.00 Tutors $ 1,500.00 $ 1,500.00 $ - Security $ 400.00 $ - $ 400.00 Maintenance $ 5,000.00 $ $ 5,000.00 Insurance $ 5,500.00 $ - $ 5,500.00 Equipment Rental $ - $ $ - Accounting Fees $ 1,250.00 $ $ 1,250.00 Vehicle Lease $ $ $ - Office Expenses (consumables) $ 20,000.00 $ $ 20,000.00 Legal Services $ 1,250.00 $ $ 1,250.00 Auditing Services $ 2,500.00 $ $ 2,500.00 Indirect Cost $ 2,070.00 $ $ 2,070.00 Staff Training $ 1,000.00 $ $ 1,000.00 Staff Conferences $ 1,000.00 $ $ 1,000.00 Staff Travel /Mileage $ 1,500.00 $ 500,00 $ 1,000.00 Participant Wages $ 11,700.00 $ 11,700,00 $ - Supportive Services $ 2,600.00 $2,600 $ Participant Incentives $ - $ $ - Youth Conferences $ 1,500.00 $ 500.00 $ 1,000.00 Follow -Up Services $ - $ $ Total Operating Expenses $ 163,770.00 $ 16,800,00 $ 146,970.00 Grand Total $ 455,770.00 $ 65,000.00 $ 219,186.00 EXHIBIT G Orange County Labor Federation Budget Narrative 1. Personnel Salaries a. Case Manager: 100% FTE for 12 months; $36,000 Salary The case manager will dedicate 100% of their time to the WIOA for 12 months to recruit youth, provide WIOA youth with case management and oversee total grant program. Case manager will assist youth in obtaining resources, internships, training and prepare youth for apprenticeship exams. b. Senior Manager — Gloria Alvarado: 20% FTE for 12 months; $0 Salary Senior manager will assist case manager with all activities listed above and provide trainings, workshops and help coordinate placingyouth with internships and summer employment opportunities. Senior manager will also provide tutoring as needed. c. Administrator — Carlos Camacho: 9% FTE for 12 months; $5,000 Salary Administrator will assist case manager with all activities listed above and will provide both administrative support and tutoring to youth as needed. d. Executive Director —Julio Perez: 5% FTE for 12 months; 0 Salary Executive Director will assist case manager with guidance throughout proposed program. 2. Personnel Benefits 3. Rent a. Case Manager: 20% benefits of $36,000 salary; $7,200 for benefits Social Security 6 %, Medicare 2 %, FUTA 6 %, UI 6% b. Senior Manager -0% benefits of $12,400 salary; 0 for benefits Social Security 6 %, Medicare 2 %, FUTA 6 %, UI 6% c. Administrator -0% benefits of $10,400 salary; 0 for benefits Social Security 6 %, Medicare 2 %, FUTA 6 %, UI 6% d. Executive Director — 20% benefits of $4,500 salary; 0 for benefits Social Security 6 %, Medicare 2 %, FUTA 6 %, UI 6% EXHIBIT G $0 to house program at OCLF 4. Utilities $0 for utilities while at OCLF 5. Phones $0 for phone service at OCLF 6. Internet $0 for internet service at OCLF 7. Tutors $1,500; The OCLF will hire qualified math and English tutors for participants. 8. Security $0; security provided by OCLF 9. Maintenance $0 for maintenance while at OCLF 10. Insurance $0 for insurance while at OCLF 11. Equipment Rental Fees $0 12. Accounting Services $0 for accounting services 13. Vehicle Lease Fees $0; OCLF to provide vehicles 14. Office Expenses (consumables) $0 for snacks, water /beverages and food for youth while at OCLF 15. Legal Services $0 for legal services. 16. Auditing Services $0 for auditing services. The OCLF will cover the cost. EXHIBIT G 17. Indirect Cost $0 (10 %) for indirect cost that covers paper, pens, pencils, binders, ink and printing. 18. Staff Training $0 for staff training that will cover professional development 19. Staff Conferences $0 for staff to attend conferences. 20. Staff Travel /Mileage $500 for staff travel /mileage. Staff must submit a weekly mileage form with start and end point and must be approved by Executive Director. 21. Participant Work Experience Wages $11,700; The OCLF will provide up to $1,170 in wages per participant for successful completion of Program Phase 1 & 2. 10 participants @ 9 payments of $130.00 per month for every 20 hours completed. 22. Supportive Services The OCLF will provide up to $2,600 in support services. 10 participants @ up to $260 for books, tools, belt, boots and /or tests. 23. Participant Incentives $0 for participant incentives. 24. Youth Conference $500 for youth to attend conference. Up to twenty (10) youth will attend Boys & Men of Color Empowerment Conference with anticipated cost of $50, cost of $500. 25. Pertinent Documents /Forms The OCLF plans on tracking hours, participant incentives and mileage by using sign -in sheets and mileage logs. Sign -in forms will be used to track hours and to determine eligibility for support services. Please see attachment J. 26, Subcontracting EXHIBIT G The OCLF will not subcontract youth services /activities 27. Subcontracting The OCLF will not subcontract youth services /activities EXHIBIT G Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Investment Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal w ill be automatically rejected. Please initial each box. t0' I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this organization or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIOA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIOA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: Records that accurately reflect actual performance. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. © Comply with Federal and State non - discrimination provisions. Q Meet requirements of Section 504 of the Rehabilitation Act of 1973. Q Meet requirements of the American's with Disabilities Act of 1990 Q ' Meet all applicable labor law, including Child Labor Law standards. Q ' Agree to provide a drug free workplace. Q ' Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability. Coverage in the amount of $1,000,000.00. [ Agree to provide all participants with Grievance Procedures. ° Agree to insure proposer's employees through Workers Compensation Insurance (including part -time employees) Q ' Procurement policies and procedures are in place and meet federal guidelines. Youth Protection Policy and Sexual Abuse & Molestation insurance of $2,000,000 We will not: �. Place a youth in a position that will displace a current employee. Use WIOA money to assist, promote, or deter union organizing. Use funds to employ or train of persons in sectarian activities. Q Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. Use WIOA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. G❑I Use WIOA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIOA. Use WIOA money under this contract to purchase any equipment. assure that all of the above are true. 18— Name Title Date EXHIBIT H 101 Insurance Exhibit I Cllent #: 29857 OCLABORFI ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE o9l1012015 of2o15 I E HIS GRI HUAI E IS ISSUED AS A MAI TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT If the certificate hoidol' Is an ADDITIONAL INSURED, thtr pollcy(les) must be endoraod. If SUBROGATION IS WAIVED, sub)och to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate DOES not confer rights to the certificate holder In HeU of such endorsement(s). Barney and Barney, A Marsh & McLennan A!c a oN�— L_KXR) 948-900.1213 Insurance Agency LLC Company EMAIL mmolthen nuwes noon[ SS:_,,,,,,, 101 Enterprise, #330 CA License #OH18131 ,,@__ „___..._.. Aliso Viejo, CA 92656 ....._ ......._. INSURER(9) AT INSURERA Seneca Insurance INSURCO OC Labor Federation ISURER a N '-'- -- --” "- "-- " " INSURER C: 309 N. Rampart Unit A -E ------- __ Orange, CA 92868 INSURER O: LIABILITY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ATP ....... TYPE OF INSURANCE AOUL EVER TINIER J.- '— POLICY NUMBER _LIpDIYYYY) PO ICYEFF POUCYEXP MMIOOIYYYY ... LIMITS A GENERAL LIABILITY X EAIC.IHH OCCpURrtENCE ----- .... $1 000 000 X�ronmlrnrlw. GENERAL Lwmmv . CI AI.19 -MADE X1 OCCUR UCM5342097 8126/201508/26/201 °PaA 1sT oPN.tt, EM IER -MeD EXP (Any one person) .......... $5 99D PERSONAL &ADV INJURY sE%cluded _ GENERAL AGGREGATE 32,000,000 _... OF AGGRCGATE LIMIT APPLIES PER: -7 (POLIGYI _LSPSS LOC PRODUCTS - OOMPlOP AEG -. _..,.... ._ 51,000000 t .....__ 5 LIABILITY AUTOMOBILE ............_...— COM ©INFO SIIJGLf. LltdlT ...._ __ ANY AUTO 900IL 1LV INJURY (PO p rs n) 5 r _ -- _ An OS SCHEDULED HIHID NON-OWNED HIRED AUTOS AUTOS AUTOS ""' BODILY INJURY AG adtle Ip FROPEIiTY DAMAGE iP acr donll °-° S _- $ _. _ Hi. UMBRELLA LIAR I OCCUR ,E%CESSUAB CLAId16 -AdAOf _. .__ DED -: RETENTIONS _ _ _.. -,,... EACH OCCURRENCE $ AGGREGATE S WORKERS A ANU EMPLOYEES' LIABILITY YIN ANY PROPRIErCRJPARTNEPoEXECUTIVE OIH(ERInCHBER CXCLUDED C N!A �.... )-WC aTAT� IOiN EL EACH ACCIDENT § EL DISEASE - EA EMPLOYEE S (Mandator,, In NHl fl , Ih DEGCRIPTION OF O PERATIGNS belo, E.L. DISEASE - POLICY LIMIT 4 DESCRIPTION OFOPERATIONSILOCATIONS IVBHICLES) Attach ACOR0101, AAAIilonnl Ramarka Schednla, Ilmora space is rogrimd) `�( ) ,X.v City of Banta Ana, Its officers, agents, Volunteers and representatives are named as additional insured with respect to the operations of the named Insured, Such Insurance is Primary and Non - Contributory. �- tl I r, City of Santa Ana 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 ACORD 25 (2010!05) 1 of 1 #8504164lM487774 SHOULD ANY BETTIS ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRLSENTAI'IVE C) 1915; -YU1U ACURU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT I HISA POLICY NUMBER:t)Cm 5342097 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N a �Wl MW 01 Eel Mel NMI kq I VIA is This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s): City of Santa Ana, its officers, agents, volunLeers and representatives City of Santa Ana 1000 B. Santa Ana Blvd., Ste. 200 Santa Aria, CA 92701 A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organ lzation(s) shown in the Schedule, but only with respect to liability for "bodily injury ", 'property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or I ented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are equired by the contract or agreement to provide for such additional insured B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. r � � CG 20 26 04 13 p Irsmance Services Office, Inc., 2012 Page 1 of 1 EXHIBIT I COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, 1 * 0 111111 ! "' � loom This endorsement modifies Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance Is primary to and will not seek contribution from any other Insurance available to an additional Insured under your policy provided that: (1) The additional Insured Is a Named Insured Under such other Insurance; and (2) You have agreed In writing in a contract or agreement that this Insurance would be primary and would not seek contribution from any other Insurance avallable to the additional insured. �x CG 20 01 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of 1 EXHIBIT I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Polley Change Number 1 POLICY NUMBER POLICYCHANGES COMPANY EFFECTIVE UCM 5:322097 09/09/2015 SENECA INSURANCE COMPANY, INC. NAMED INSURED AUTHORIZED REPRESENTATIVE OC Labor Federation Barney & Barney A Marsh & McLennan 309 N. Rampart St:., Unit A -E Agency LLC Cc Orange, CA 92868 10i En Lerprise Drive Suite 6330 Aliso Viejo, CA 92656 COVERAGE PARTS AFFECTED Conintercial General Li.abi.lily WINS Entry GBRUNO 9/14/2.015 CHANGES TL is understood and agreed that the City of Aria is added to the policy as Additional insured as per added and attached following forms: CO 20 26 (0 =1/13) Additional Iineured - Designated Person Or Organiza(Lion CO 20 01 (04/13) Primary And Noncontributory - Other Insurance Condition A_ F/c $50 .00 i i� AcClltIonal Iota] I'rehllllm: $50,00 Authorized Representative Signature Copyright, Insurance Services Office, Inc,, 1983 Copyright, ISO Commercial Risk Services, Inc., 1988 IL 12 01 11 85 Page 1 of 1 ❑ EXHIBIT I Direct Bill HOME OFFICE SAN FRANCISCO ANNUAL RATING ENDORSEMENT IT IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OE REMUNERATION APPEARING IN THE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BELOW. HERE ARE YOUR NEW RATES FOR THE PERIOD INDICATED IF YOUR NAME OR ADDRESS SHOULD RE CORRECTED OR IF INSURANCE IS NOT NEEDED FOR NEXT YEAR, PLEASE TELL US, IMPORTANT THIS IS NOT A BILL CONTINUOUS POLICY 1375240 -14 SEND NO MONEY UNLESS STATEMENT IS ENCLOSED THE RATING PERIOD BEGINS AND ENDS AT 12;OIA14 PACIFIC STANDARD TIME RATING PERIOD 10-01 -14 TO 10-01-15 ORANGE COUNTY LABOR FEDERATION DEPOSIT PREMIUM $1,271,00 , AFL, - CIO MINIMUM PREMIUM $31.5.00 309 N RAMPART ST STE A PREMIUM ADJUSTMENT PERIOD MONTNLY ORANGE, CALIF 92868 R SP NAME OF' EMPLOYER- ORANGE COUNTY LABOR FEDERATION, AFL -CIO (A LABOR UNION) CODE NO. PRINCIPAL WORK AND RATES EFFECTIVE FROM 10 -01 -14 TO 10-01--15 INTERSM PREMIUM BASE BILLING BASIS RATE RATE" 8810 -1 CLERICAL OFFICE EMPLOYEES--N,O.C, 488955 1.03 ,90 """"BUREAU NO'T'E INFORMATION***"*** FEIN 950614067 FEIN 330267027 FEIN 330486694 TOTAL ESTIMATED ANNUAL PREMIUM $4,390 COUNTERSIGNED AND ISSUED AT SAN FRANCI"�� AI�TE�'MBER 12, 201 -4 POLICY L PAGE 1 OF 3 SCIF FORM �0963A (Revs -201d) HOME DFFSCE SAN FRANCISCO I ANNUAL RATING ENDORSEMENT 11' IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OF REMUNERATION APPEARING IN THE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BcLnw HERE ARE YOUR NEW RATES FOR THE PERIOD INDICATED. IF YOUR NAME OR ADDRESS SHOULD BE CORRECTED OR IF INSURANCE IS NOT NEEDED FOR NEXT YEAR, PLEASE TELL US, IMPORTANT THIS IS NOT A BILL CONTINUOUS POLICY 1375240 -14 SEND NO MONEY UNLESS STATEMENT IS ENCLOSED THE RATING PERIOD BEGINS AND ENDS AT 12t01AM PACIFIC STANDARD TIME RATING PERIOD 10 -01 -14 TO 10_01_15 INTERIM BILLING RACES WILL BE USED ON PAYROLL REPORTS. THEY TAKE INTO ACCOUNT RAPING PLAN CREDITS (OR DEBITS) WHICH WILL APPLY AT FINAL, BILLING AND AN ESTIMATE OF YOUR PREMIUM DISCOUNT AS DETAILED BELOW, RATING PLAN CREDITS (DEBITS) EFFECTIVE FROM 10- 01 --14 TO 10-01 -15 RATING PLAN MODIFIER 0,87173 ESTLMATED PREMIUM DISCOUNT MODIFIER _ 1..p00pD COMPOSITE FACTOR APPLIED TO BASE RATES TO DERIVE INTERIM BILLING RATES 0.87173 rtink h it ik {: it Yrink i; �k in'r :4 ?; in4 fr is ink o4 is k 9c tr is in'ok it i oY;n'r:c tk :'nHni i; ;,ro4 trio e4 rt;k it in'nY � ^, it �vr k irir'nk in? tk it icinYtk :'r fi 1t it i; iak?n4 PREMIUM DISCOUNT SCHEDULE EFFECTIVE FROM 10 -01 -14 TO 10- 01 --15 {, ESTIMATED MODIFIED PREMIUM IS DISCOUNTED ACCORDING TO THE FOLLOWING SCHEDULE; FIRST ABOVE $5,000 $5,000 0.0% t :Hn'nk'c rt � :: Y; ,k r', it it iok 1r 4nk rt r'r tr dr %k it xic fir o'nkr'nk ,b'n4 rt +k {Cet oH: ink>, icir An ok 'tFiak t;;tAi;in4inht�kiHc %$t4>4 tk:'n, t4 eYin4:k>'<in'n'; �': THE ESTIMATED PREMIUM DISCOUNT IS BASED ON AN ESI,LNAT'E OF YOUR PAYROLL. AC "IUAI. PREMIUM DISCOUNT APPLIED AT FINAf, BT1..LING WILL DE BASED ON THE ACTUAL PAYROLL REPORTED ON YOUR POLICY AND SUBJECT TO AUUI1', cJ ' )UNTERSIGNED ARID ISSUED AT SAN FRANC 5 SC* FORM 10991A (REV.), 20141 ;,','&4q&f'pKDER 12, 2014 POi.TCv r. nArtr � rvc HOME OFFICE SAN FRANCISCO ANNUAL RATING ENDORSEMENT IT IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OF REMUNERATION APPEARING IN THE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BELOW, CONTINUOUS POLICY 1375240 -14 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR LOCAL STATE FUND OFFICE BELOW: CSC — POLICY AT MONTEREY PARK 900 CORPORATE CENTER DRIVE MONTEREY PARK CA 91754 ') >` (877) 405 -4545 -4� Nothing herein contained shall be held to vary, alter, waive or extend any of the terns, conditions agreement; or IirTlhatlons of the Policy other than as herein stated. When countersigned by a duly authorized officer or representative of the State Compensation Insurance Fund, these declarations shall be valid and form part of the Policy, ,WTHORIZED REPRESENTAT WE PRESIDENT AND CEO COUNTERSIGNED AND ISSUED AT SAN FRANCISCO SEPTEMBER 12, 2014 POLICY L PAGE 3 OF 3 SCr Foam woaaA (REV 7-2014) EXHIBIT 1