HomeMy WebLinkAboutRANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT -2016THIS SUBAWARD AGREEMENT, made and entered into this 22nd day of February,
2016, 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 Rancho Santiago
Community College District, on behalf of Santa Ana College ( "SUBRECIPIENT").
RECITALS
A. CITY has been designated a Local Workforce Investment Area (LWIOA) under
the Workforce Innovation and Opportunity Act of 2014, Public Law 1113 -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, CI'T'Y is entitled to receive federal fiords 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
Cali forms 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
l,rcreto do hereby agree as follows:
1.
SUBRECIPIENT'S OBLIGATIONS
A. SUBRECIPIENT agrees to provide the following services pursuant to said
program, as more specifically set forth in SUBRECIPIENT'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). 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
activities and services fiuided by this Agreement ( "participants ") in accordance with the standards and
requirements set forth in the Act.
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C. SUBRECIPIENT agrees to perforrn the services set forth herein in a
professional, timely and diligent mariner.
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
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 co'm'pliance 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 mid 37. The United States, the State of California and
CITY have the right to seek judicial 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 SUBRECIPIENT'S services or
activities, costs or other data, including but not limited to, participants' attendance, payroll
records and job duty statements.
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
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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 CalTobs database system as instructed and requested by
the Santa Ana Work Center Administration.
3. CITY, the State of California and the United States government and /or
their representatives shall have access for purposes of monitoring, auditing and examining of
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 set-vices 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
docimlents 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 Government take exception, shall be retained
beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or
exceptions,
J. Without prejudice to any other section of this Agreement, 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
Government 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,
statements, proof of payment, such as cancelled checks, payment confirmations, accormt statements,
paid bills, payroll records, time and attendance records, and contract and subgrant award doeurnents(2
CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above - stated documents to the WIB
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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 SUBRECIPIENT'S services are perfortned,
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 funds 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 by utilizing such 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
SUBRECIPIENT'S 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 CPR 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, witlrlrold payment of Rinds, disallow Rinds, or suspend additional grant funds.
N. SUBRECIPIENT shall not expend fiords 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 CPR Part 97.
P. SUBRECIPIENT shall comply with the requirements of federal regulations
found at 29 CPR 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 airy 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,
arnendmcut 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 B," 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 under the
tenns and conditions of this Agreement.
Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug
Free Workplace Certification as set forth in "Exhibit C" 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
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
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the best of its knowledge is frilly 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 Df1), 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 funds are received under the provisions of
the Act a sum not to exceed $6,699.42 for SUBRECIPIENT'S performance in accordance with the
Budget attached hereto as "Exhibit E" 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 Uie Federal government, or, if no such rate exists, either a rate
negotiated between the CITY and the SUBRECIPIENT, or a de minims indirect cost rate as defined in
2 CFR §200.414(b) Indirect (F &A) costs.
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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 deslc -top reviews of pertinent infonnation 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 February 23, 2016, and all duties arising
tinder this Agreement shall have been performed by June 30, 2016. The Term of this Agreement may
be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT
acknowledges and agrees that it must provide follow -rip 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 terns 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 funds 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
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construed to create an employer - employee relationship, a joint venture relationship, or to allow the City
to exercise discretion or control over the professional manner in which Consultant performs the
services which are the subject matter of this Agreement; however, the services to be provided by
Consultant shall be provided in a manner consistent with all applicable standards and regulations
goveming 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.
WORI'~ER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. SUBRECIPIENT shall use appropriate fiords received from CITY to provide
workers' compensation to all those hired by SUBRECIPIENT under 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 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:
I. 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 2 "a quarter after exit; (b)
Percent of participants who are in education/training, or in unsubsidized employment during the 4°1'
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 I 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.
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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 tbree -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 F" 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 CPR 37.35, SUBRECIPIENT must take
reasonable steps to provide services and information in appropriate languages after considering the
scope of (he 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
docuuments, data, studies and reports prepared or purchased under this Agreement, will be disposed of
in accordance with the direction of the CITY. In addition, any tools and /or equipment furnished to the
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.
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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 under this Agreement, within seventy
four (74) days of invention, development or assembly. The CITY, State of California, and U.S.
Department of Labor will have the right to patent any invention and copyright any written product or
computer program or data generated by 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 Govermnent Patent Policy as printed in 36 FR. 16 8$9).
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 Govermnent purposes:
(a) The copyright in any work developed Linder 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 under 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)];
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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 perfonnance 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 known 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 funds 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
• friend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or
• 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 Intorest. 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 perfonnance of an act reimbursed
in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased
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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.
£ Salami and Bonus Limitations. All Subrecipients of WIOA program funds are required
to comply with federal requirements regarding the limitations on salary and bonus payments in
accordance with Public Law 109 -149, Section 7013.
VII.
HOLD HARMLESS
A. SUBRECIPIFNT shall defend, indemnify, and hold CITY, its officers,
employees, and agents harmless from and against any and all liability, loss, expense (including
reasonable attorney's fees) or claims for injury or damages arising out of the performance of this
Agreement to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages
are caused by or result from the negligent or intentional acts or omissions of SUBRECIPIENT, its
officers, agents or employees.
B. CITY shall defend, indemnify, and hold SUBREIPIENT, its officers, employees,
agents, and volunteers 'harmless from and against any and all liability, loss, expense (including
reasonable attorney's fees) or claims for injury or damages arising out of the performance of this
Agreement to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages
are caused by or result from the negligent or intentional acts or omissions of CITY, its officers, agents
or cmployees,
VIII.
INSURANCE
A. Commercial General LiabilLtL. 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 tlran 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 insurEaucc sball 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 prhnary to
any other coverage or self - insurance of the State of California and CITY. Governmental entities may
substitute a certificate of self- insurance.
B. Automobile Liability Coverage SUBRFCIPMNT 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 SUBRECIIIENT employees or participants in performance of this Agreement, or,
in the event that SUBRECIPIENT 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
SAC -16 -004 Page r L of 16
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,
C. 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
teen of this Agreement fall 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 cant' 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.
D. 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.
E. 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.
G. 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
regulations for SUBRECIPIENTs (2 CFR §200.317). No subcontract or assigmnent shall terminate or
alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
SAC -16 -004
Page 12 of 16
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;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with
such or will notify CITY after enactment or modification that it carrot so comply. CITY may
thereupon terminate this Agreement, if necessary.
XIL
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 SUBRECIPIEN'T 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.
XHI.
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.
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 fiends is not forthcoming, or is otherwise limited, CITY shall immediately notify
SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or
SAC -16 -004
Page 13 of 16
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 terninated for cause,
CITY shall be relieved of further liability or responsibility wider this Agreement, or as a result of the
tenmination 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 Agrecrnent, any dispute concerning any question
arising tinder 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 wiless 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 funds were received by SUBRECIPIENT pursuant
to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes
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) discontitnte 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 atotints 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)
SAC -16 -004 Page 14 or 16
terminate this Agreement by giving written notice to SUBRECIPIENT of such termination in
accordance the notice provision in Paragraph XVI1I 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
Fax: (714) 647-6956
SUBRECIPIENT: Rancho Santiago Community College District
Santa Ana College
1530 W, l7t" Street
Santa Ana, CA 92706
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.
YX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement,
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
SAC -16 -004
Page l5 of 16
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above - written.
ATTEST: "CITY"
By:
Marna YD..— Huizar David Cavazos
Clerk of the Council City Manager
APPROVED AS TO FORM
Sonia R. Carvalho "SUBRECIPIENT"
City Attorney
BY: BY:
John M. Funk Name: Peter .'14 sh
Assistant City Attorney Title: Vice Chancellor of Business Operations/Fiscal Services
Tax ID #:95- 2696799 Af �
SAC -16 -004
Page 16 of 16
kXFIIBITA - Specification of Services to Be Provided by Santa Ana Community College
Under the Workforce Investment Grant awarded to Santa Ana Public Library, the Library and the Santa
Ana Community College will partner to provide a Career Academy Scholars Program (CASP) focusing on
providing college counseling classes, digital media art tra In] ng and business appllcatlans training leading
to transferable college credit and certification and work experience for 30 at -risk youth. Santa Ana
college will provide the college credit training component, while the Library will provide work
experience and required social and educational support.
Santa Ana College will procure, manage and compensate experienced teachers to provide each of the
youth with general introductory classes in college counseling, time management, digital media art, and
business applications. As part of this program Students will be enrolled in a college course at no cost to
the student. Curing the Introductory period, all 30 students will be provided with ore-on-one college
counselling sessions and counseling workshops culminating In a higher education plan. 20 students will
be offered the opportunity to specialize via advanced instruction In digital media arts. 15 -20 students
will be offered a course In business applications. 20 students will recolve a CASP cortiflcate upon
completion of all coursewovk components. Students will receive college cradlt for each course
completed. Students will have their own dedicated college counselor they will meet with throughout
duration of the program. All student and student families will also receive higher education support and
guidance via padres promotoras special higher education programming. Santa Ana Community College
will also provide the curriculum development required to provide effective training In an accelerated
environment, as well as training materials and textbooks to support curricula In subject area.
SAC -16 -004
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS GRANTS LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that;
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for Influencing or attempting to influence an officer or employee
of any organization, a Member of Congress In connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering Into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for Influencing or attempting to Influence an officer or employee of any organization, a
Member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-1.1.1., "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 falls to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996,
and of not less than $11,000 and not more than $110,000 for each such failure.
Grantee /Contrector organization
Signature Date
kxhlbi't B
SAC -16 -004
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U,S, Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, In addition to any other remedies
available to the Federal Government, may take action authori2ed 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 clays after receiving notice under subparagraph (d)(2) from an
EXHIBIT C
SAC-16-004
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
Perronnance "form.
Date
EXHIBIT C
n14
SAC -16 -004
Program Operator Signature
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Name of Contractor:
Contractor Number:
Date:
The Contractor shall Insert In the space provided below the sito(s) expected to be used
for the performance of work under the contract covered by the certificatlon:
Place of Performance (Include street address, city, county, state, zip code for each site):
t EXHIBIT C
SAC -16 -004
Cortification Regarding
De)rarfnent 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 1916019211).
(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
voluntarlly 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 agalnst them for commission of fraud or a criminal offense In connection
with obtalri1q, 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, makingfalse 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
ExhibitD
SAC -16 -004
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
wham 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.
B. 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, orvoluntary 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.
Exhibit 1)
SAC -16 -004
EXHIBIT E
Year 1 (2015.2016) Santa Ana College Seeds to Trees College Training program
= $6,699,42 General Fund (Young Adult)
1 unit (LHE) x 18 hrs /semester @ $66.73 /hour = $1,183.14 I $1,183.14
2 units (LHE) x 18 hrs /semester @$65.73 /hour = $2,366.28 1 $2,366.28
Sub -Total Salary = $3,549.42 1 1
Benefits, estimated at $13.78% = $490.00
$490.00
Counseling hours = $56 /hr x 3hrs per youth x 15 youth $2,520.00
Course Materials $140.00
"Budget lire items may be adjusted to meet specific program needs but overall total
will not be exceeded.
Exhibit E
SAC -16 -004
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 1 cannot, this proposal w III be
automatically rejected. Meese lnitlal each box,
❑ I am authorized by my Board of Directors, Trustees, other legally qua lifled officer, or as the
owner of this organizatlon or business to submit this propose I.
❑ We are not currently on any Federal, State of Calffornla, 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 an 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•discriminatlon provisions.
❑ Meet requirements of Section 504 of the Rehabilitation Act of 1973,
❑ Meet requirements of the American's with Disabilities Act of 1990
❑ Meet all applicable labor law, Including Child Labor Law standards.
❑ Agree to provide a drug free workplace.
❑ Agree to insure the city of Santa Ana through General Liability Insurance and Automobile
Liability, Coverage in the amount of $1,000,OOD,00.
❑ Agree to provide all participants with Grievance Procedures.
❑ Agree to insure proposer's employees through Workers compensation Insurance
(including part -time employees)
❑ Procurement policies and procedures are In place and meet federal guidelines.
❑ Youth Protection Pallcy and Sexual Abuse & Molestation insurance of $2,000,000
We will not;
❑ Place a youth In a position that will displace a current employee.
❑ Use WIOA money to assist, promote, or deter union organizing.
❑ Use funds to employ or train of persons In sectarian activities,
❑ Use funds for youth in the construction, operation, or maintenance of any part of a facility to
be used for sectarian instruction or religlous worship.
❑
Use WIOA funds for -activities that would interfere with or replace regular academic
requirements for eligible youth who are not dropouts,
❑ Use WIOA funds to carry out programs funded underthe 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 equlpmeht.
I hereby assure that all of the above are true,
Name Title Date
Exhibit F
SAC -16 -004
EVIDENCE OF COVERAGE
GATE9 /20IVVYV)
2/29/2016
This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not
amend, extend, or alter the coverage afforded by the memoranda listed below.
MEMORANDUM NUMBER: 77
JOINT POWERS AUTHORITY (JPA)
Alliance of Schools for Cooperative Insurance Programs
16550 Bloomfield Avenue
Cerritos, CA 90703
www.ASC I P. org
CONTACT NAME: Mr. Fritz Heirich, Chief Executive Officer
PHONE: (562) 404 -$029
JPA MEMBER
Rancho Santiago Community College District
2323 North Broadway
Santa Ana CA 92706
This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have
been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other
document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages
described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages.
TYPE OF COVERAGE
ADDL
INSR
MEMORANDUM NUMBER (MOC) (MMIDDIYYYY)
POLICY EFF
POLICY EXP
12:01a , ,m
LIMIT OF LIABILITVI COVERAGE
GENERAL
LIABILITY
OCCURRENCE
Personal Injury
MOC #77
7/1/2015
7/1/2016
COMBINED SINGLE LIMIT PER OCCURRENCE
$ $5,000,000
AGGREGATE
$ N/A
$
Errors & Omission
$
Employment Practices
$
AUTOMOBILE
LIABILITY
AUTOMOTIVE PHYSICAL DAMAGE
COMPREHENSIVE I COLLISION
ANYAUTO
COMBINED SINGLE LIMIT PER OCCURRENCE
$
ACTUAL CASH VALUE
$
$
PROPERTY
BUILDING I CONTENTS
FIRE, THEFT, RENTAL INTERRUPTION
REPLACEMENT COST SUBJECT TO POLICY LIMITS,
AND CONDITIONS
TERMS,
$
$
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
WC STATUTORY LIMITS
NIA
b�'e
EACH ACCIDENT
$
PER EMPLOYEE
$
POLICY LIMIT
$
OTHER
-
EMPLOYEE DISHONESTY (CRIME)
p
�.1\Cj
``11n
(
Il
piVI�S
SUBJEv TO POLICY LIMITS, TERMS, AND CONDITIONS
$
$
ADDITIONAL REMARKS:
As respects to Class VVIO Seeds to Trees (Spring 2016 Semester)
CERTIFICATE HOLDER
City of Santa Ana
Attn: PRCSA /Silva Cuevas
20 Civic Center Plaza, M -23
Santa Ana CA 92701
CANCELLATION
Should any of the above coverages forthe Covered Party be changed orwithdrawn prior
to the expiration date issued above, ASCIP will mail 30 days written notice to the
Certificate Holder, butfailure to mall such notice shall Impose no obligation or liability of
any kind upon ASCIP, its agents, or representatives.
AUTHORIZED REPRESENTATIVE: Fritz Heirich
"ASCIP is a)oint powers authority pursuantto Article I( commencingwit h Section 6500) Chapters of Division 7of Ttle l ofthe Government Code and Sections 39603 and 81603ofthe Education Code. Rev 5 -97
26794979 1 77 1 15/16 All Types An I Nancy Lopez 1 2/29/2016 3:07:37 PM (PST( I Page 1 of 2
EVIDENCE /'�� f /tl /""w DATE {MMtDD1YYYY)
�f COVERAGE 4118/2011
This Evidence of Coverage is used as a matter of Information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not
amend, extend, or alter th,e coverage afforded by the memoranda listed below.
MEMORANDUM NUMBER: 77
JOINT POWERS AUTHORITY tJPA) JPA MEMBER
Alliance of Schools for Cooperative Insurance Programs Rancho Santiago Community College District
16550 Bloomfield Avenue 2323 North Broadway
Cerritos, CA 90703 Santa Ana CA 92706
www.ASCIP.org $' w p'p 0
CONTACT NAME: Mr. Fritz Heirich„ Chief Executive Officer AM
PHONE: (562) 404 -8029
This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASOP) Memorandum of Coverages on insurance fisted below have
been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other
document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages
described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages,
TYPE OF COVERAGE ADD[ MEMORANDUM NUMBER (MCC) POLICY EFF POLICY EXP LIMIT OF LIABILITY I COVERAGE
INSR (MMIDDIYYYY) 12:41a.m.
_—__......__..._._._ ........._._. _ ................Y... ...... _.... ,.....�..._._.__
GENERAL LIABILITY COMBINED SINGLE LIMIT PER OCCURRENCE $ $5,001),000
OCCURRENCE ✓ MOC #77 711/2015 71112016 AGGREGATE s N/A
.y ...Personal Injury $
..Errors & Omission $
Employment Practices
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT PER OCCURRENCE $
......._.mm_... .._......
AUTOMOTIVE. PHYSICAL DAMAGE ACTUAL CASH VALUE .........�...� $
COMPREHENSIVE I COLLISION $
ANYAUTO _. _..
PROPERTY . __....._.,__._�...._._ REPLACEMENT COST SUBJECT TO POLICY LIMITS. TERMS..
AND CONDITIONS
BUILDING /CONTENTS S
FIRE, THEFT, RENTAL. INTERRUPTION $
$
WORKERS COMPENSATION NIA '.. EACH ACCIDENT $ $1,000,000
AND EMPLOYERS' LIABI.......CITY _...
WC STATUTORY LIMITS MOC #77 7/1/2015 7/1/2016 PER EMPLOYEE $ $1,000,000
POLICY LIMIT $ $1,000,000
OTHER SUBJECT TO POLICY LIMITS, TERMS, AND CONDITIONS
EMPLOYEE DISHONESTY (CRIME) _......m ..................... S
loy $
ADDITIONAL REMARKS
As respects to Class WIO Seeds to Trees (Spring 2015 Semester) y�y
(Includes Professional Liability and Defense of Child Care /Sexual Abuse Claims)
_....... .... ..............
CERTIFICATE HOLDER CANCELLATION
Should any of the above coverages for the Covered Party be changed or withdrawn prior
to the expiration date issued above, ASCIP will mail 30 days written notice to the
Certificate Holder, but failure to mail such notice shalt/ impose no obligation or liability of
City of Santa Ana any kind upon ASCIP, its agents, or representainves.
Attn: PRCSA /Silva Cuevas __.m.._... _._
20 Civic Center Plaza, M -23
Santa Ana CA 92701
AUTHORIZED REPRESENTATIVE: Fritz Heirlch
...._..._ ...... .......� ..,�_..._..,_......_.w __..... ......._ .._.,.m._.._._. . _ ...... ._..._. .... ..._ .__..Y._..
*ASCIP is a joint powers authority pursuant to Article 1(commencing with Section 6500) Chapter 5 of Division 7 of Title 1 cf the Government Code and Sections 39503 and 81603 of the Education Code. Rev S-97
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A itional dd Covered
Party Endorsement
District: Rancho Santiago Community College District
Endorsement No.
29497496
Additional Covered Party:
Description of Operations, Vehicle, or Property:
City of Santa Ana
its officers, agents, employees and volunteers
As respects to Class WO Seeds to Trees (Spring 2016 Semester)
Coverage Period: Effective: 7/1/2015
Expires 12:01 a.m.: 7/1/2016
The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above
in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only
with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by
ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent,
In issuing this endorsement, ASCIP intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the
Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims,
demands, or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the ASCIP
MOC. The limits of liability extended to the Additional Covered Party listed above is $5,000,000 per occurrence for liability,
Authorized Representative!:
Date Issued: 4/18/2016
ASCII' is ajoint powers authority pursuant to Article I (commencing with Section 6500) ol'Chapter 5 of Division 7 of Title I of the Government
Code and Sections 39603 and 81(x03 of the Education Code.
Rev 5/97
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