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ORIGINAL
WORKFORCE INNOVATION AND OPPORTUNITY ACT
AGREEMENT
(Comprehensive Youth Services)
By and Between the
CITY OF ANAHEIM
and
TALLER SAN JOSE HOPE BUILDERS DBA HOPE BUILDERS
TABLE OF CONTENTS
Section 1 Definitions 2
Section 2. Subgrant. 4
2.1 Amount of Subgrant 4
2.2 Maximum Amount of Subgrant 4
2.3 Disbursement of Subgrant Proceeds 4
2.4 Conditions Precedent to Disbursement 4
2.5 Fiscal Limitations 4
2.6 Programs Utilizing Multiple Funding Sources 5
2.7 Use of Federal Funds 5
Section 3. Subrecipient's Services. 5
3.1 Scope of Services 5
3.2 Notices to Proceed 5
3.3 Time for Performance 5
3.4 Subrecipient's Proposal 6
3.5 Compliance with Law 6
3.6 Licenses, Permits, Fees and Assessments 6
3.7 Nondiscrimination 6
3.8 Familiarity with Work 6
3.9 Inspection 6
Section 4. Term 6
Section 5. Coordination of Services 7
5.1 City's Representative 7
5.2 Subrecipient's Representative 7
5.3 Prohibition Against Subcontracting and Assignments 7
5.4 Independent Subrecipient 7
Section 6. Insurance and Indemnification 8
6.1 Insurance 8
6.2 Indemnification 9
Section 7. Enforcement of Agreement 9
7.1 Events of Default 9
7.2 Immediate Termination for Subrecipient's Default 10
7.3 Termination Without Cause 10
7.4 Attorneys' Fees 10
Section 8. Use and Ownership of Documents and Data. 10
8.1 Data to be Furnished by City 10
8.2 Ownership of Documents 10
Section 9. Records, Reports and Audits I 1
9.1 Records and Reports; Retention of Records 11
9.2 Monitoring 11
Section 10. Miscellaneous Provisions ii
10.1 Waiver 11
10.2 Notices 11
10.3 Relationship of Parties 12
10.4 No Third Party Rights 12
10.5 Non-Liability of Members, Officials and Employees of the City 12
10.6 Controlling Law 12
10.7 Time of the Essence 13
10.8 Remedies Cumulative 13
10.9 Effect of Invalidity 13
10.10 Successors and Assigns 13
10.11 Entire Agreement 13
10.12 Authority 13
10.13 Conflicts of Interest 13
10.14 Time for Acceptance of Agreement by City 13
EXHIBITS
Exhibit A Work Plan Summary
Exhibit 13 Covenants Re: Use of Federal Funds
11 WORKFORCE INNOVATION AND OPPORTUNITY ACT
AGREEMENT
(Comprehensive Youth Services)
This WORKFORCE INNOVATION AND OPPORTUNITY ACT AGREEMENT (this "Agreement"), dated for purposes of identification only as of July 1, 2024 (the "Date of Agreement"), is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation and charter city (the "City"), A
TALLER SAN JOSE HOPE BUILDERS, a California non-profit corporation, dba HOPE BUILDERS (the "Subrecipient").
RECITALS
A. Among other things, the Workforce Innovation and Opportunity Act (hereinafter defuied as the "Act") supersedes Titles I and II of the Workforce Investment Act of 1998 and strengthens the United States workforce development system, which provides the framework for the delivery of workforce investment activities at the State and local levels.
B. The purpose of Title 1 of the Act is to help job seekers (each hereinafter defined as a "Qualified Participant") access employment, education, training and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.
C. At the local level, the workforce development system includes Local Workforce Development Areas; the Governor of the State of California has designated the City of Anaheim a Local Workforce Development Area under the Act.
D. Title I of the Act permits certain workforce development activities within Local Workforce Development Areas, including employment and training activities for adults and dislocated workers, and youth activities.
E. Through the California Employment Development Department ("EDD"), the Department of Labor of the United States (the "Department of Labor") has awarded the City a grant (the "WIOA Grant") to fund and operate various workforce development activities (collectively, the "City's WIOA Programs") consistent with the purposes of the Title 1 of the Act.
1 F. The City desires to contract with public and private organizations, including employers, who are qualified to participate in the City's WIOA Programs by providing services to Qualified Participants (each, a "Qualified Subrecipient").
G. Subrecipient is a Qualified Subrecipient.
H. The City and Subrecipient (each, a "Party" and jointly, the "Parties") desire to enter into this Agreement so that Subrecipient may receive a subgrant of the proceeds of the WIOA Grant (hereinafter defined as the "Subgrant") in consideration for Subrecipient's participation in the City's WTOA Programs and provision of services to Qualified Participants upon the request of the City.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND THE SUBRECIPIENT AGREE AS FOLLOWS:
Section 1. Definitions.
The following capitalized terms used in this Agreement shall have the following meanings:
"Act" means the Workforce Innovation and Opportunity Act (Public Law 113-128, enacted on July 22, 2014 and codified at 29 U.S.C.A. 3101 et seq.), as amended from time to time. "Agreement" means this Workforce Innovation and Opportunity Act Agreement by and between the City and the Subrecipient.
"City" is defined in the initial paragraph of this Agreement and includes any assignee of or successor to the rights, powers and responsibilities of the City. The Workforce Development Manager of the Workforce Development Division of the City of Anaheim, or his designee, (hereinafter defined as the "City's Representative") shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City's Representative is authorized to act on behalf of the City unless this Agreement specifically provides otherwise or the context should otherwise require. "City's Representative" means the Workforce Development Manager of the City's Housing and Community Development Department.
"City's WIOA Programs" is defined in Recital E hereof.
"Conditions to Disbursement" is defined in Section 2.3 hereof. "Covenants Re: Use of Federal Funds" means those additional covenants of Subrecipient required due to the federal source of the Subgrant Proceeds which are attached hereto as Exhibit B and incorporated herein by this reference.
"Date of Agreement" is defined in the initial paragraph of this Agreement. "Default" is defined in Section 7.1 hereof.
2 "Department of Labor" is defined in Recital E hereof. "EDD" is defined in Recital E hereof.
"Maximum Amount of Subgrant" means $231,783.00.
"Notice to Proceed" means a written notice from the City which (i) approves the Curriculum for Participants, if required by City, (ii) establishes the maximum number of Qualified Participants for which the Subrecipient may receive Subgrant Proceeds and (iii) notifies the Subrecipient that the Subrecipient may proceed to provide Subrecipient's Services to a particular Qualified Participant.
"Parties" is defined in Recital H hereof.
"Qualified Participants" means, generally, persons participating in the City's WIOA Programs. "Qualified Subrecipient" is defined in Recital F hereof. "Schedule of Compensation" means the description of the terms of compensation which is set forth in the Work Plan Summary.
"Scope of Work" means the description of the Subrecipient's Services which is set forth in the Work Plan Summary.
"Subgrant" is defined in Section 2.1 hereof.
"Subgrant Proceeds" means the proceeds of the Subgrant. "Subrecipient" is defined in the initial paragraph of this Agreement. The Subrecipient's Representative shall represent Subrecipient in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by Subrecipient, the Subrecipient's Representative is authorized to act on behalf of Subrecipient unless this Agreement specifically provides otherwise or the context should otherwise require. "Subrecipient's Representative" means Amber Rizkalla.
"Subrecipient's Services" means the services provided by Subrecipient to Qualified Participants in connection with Subrecipient's participation in the City's WIOA Programs pursuant to this Agreement and includes, but is not limited to, the provision of the services set forth in the Scope of Work.
"Term" is defined in Section 4 hereof.
"Term Expiration Date" means June 30, 2026.
"WIOA Grant" is defined in Recital E hereof.
"Work Plan Summary" means the summary attached hereto as Exhibit A and incorporated herein by this reference.
3 "Workplace" means the place where the Subrecipient provides Subrecipient's Services to Qualified Participants.
Section 2. Subgrant.
2.1 Amount of Subgrant. Upon satisfaction of the Conditions to Disbursement, the City agrees to grant to Subrecipient proceeds of the WIOA Grant in the amounts set forth in the Schedule of Compensation (collectively, the "Subgrant"), subject to all of the terms, covenants and conditions of this Agreement.
2.2 Maximum Amount of Subgrant. In no event shall the aggregate amount of the Subgrant Proceeds distributed to Subrecipient over the Term of this Agreement exceed the Maximum Amount of Subgrant.
2.3 Disbursement of Subgrant Proceeds. Upon satisfaction of the Conditions to Disbursement or written waiver thereof by the City, the City shall distribute the Subgrant Proceeds in monthly or quarterly installments, as requested by Subrecipient, in arrears, in order to compensate Subrecipient for the provision of Subrecipient's Services under this Agreement.
Requests for disbursements by Subrecipient shall be made by Subrecipient sending to the City, not more frequently than monthly nor less frequently than quarterly, a detailed invoice in a form specified and approved by the City.
2.4 Conditions Precedent to Disbursement. Subrecipient agrees further that the City shall not be obligated to make any disbursement of the Subgrant Proceeds unless and until Subrecipient has fulfilled all of the City's customary conditions for disbursement of Subgrant Proceeds under the City's WIOA Programs (the "Conditions to Disbursement"). Such conditions include, for purposes of guidance and illustration, but are not limited to, the following:
A. The City shall have received all insurance certificates required by it pursuant to and in accordance with Section 6.1 of this Agreement.
B. The City shall have received evidence that (i) Subrecipient has the power to enter into this Agreement, (ii) all documents executed by Subrecipient pertaining to this Agreement are valid and binding obligations of Subrecipient, enforceable according to their terms and (iii) the officers and agents executing such documents are duly empowered and authorized to execute them on behalf of Subrecipient
C. The City shall have received copies of any and all licenses, permits, notices, and certificates required by the City pursuant to and in accordance with Section 3.6 of this Agreement.
D. The City shall have issued Notices to Proceed for each Qualified Participant.
The City's Representative may waive or Modify in writing any of the Conditions to Disbursement of the Subgrant Proceeds.
2.5 Fiscal Limitations. The United States of America, through the Department of Labor, may in the future place programmatic or fiscal limitations on WIOA Grants not presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of such actions. in the event of funding reduction, the City may reduce the budget for this 4 Agreement as a whole or may limit the rate by which Subrecipient receives the Subgrant for providing Subrecipient's Services to Qualified Participants. If the Department of Labor directs the City to implement a reduction in funding, the City's Representative may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose.
Where the City's Representative has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Agreement of Subrecipient, the City's Representative may act for the City in suspending the operation of this Agreement for up to sixty (60) days upon three (3) days' notice to Subrecipient of the City's intention to so act, pending an audit or other resolution of such questions.
2.6 Programs Utilizing Multiple Funding Sources. For programs in which there are sources of funds in addition to WIOA Grant fluids, Subrecipient shall provide proof of such funding. The City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided for in this Agreement relative to accounting, budgeting and reporting apply to the total program regardless of funding sources.
2.7 Use of Federal Funds. Subrecipient acknowledges and agrees that the Subgrant is funded from WIOA Grant funds allocated to the City by the United States of America through the Depai talent of Labor. Accordingly, Subrecipient hereby provides to the City those covenants set forth in the Covenants Re: Use of Federal Funds.
Section 3. Subrecipient's Services.
3.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Subrecipient shall provide the Subrecipient's Services, as authorized by the City's Representative. Subrecipient represents and warrants that Subrecipient's Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the City's WIOA Programs.
3.2 Notices to Proceed. Subrecipient acknowledges and agrees that City shall request that Subrecipient provide the Subrecipient's Services on an "as requested" basis and that City does not guaranty a minimum number of Qualified Participants for whom Subrecipient's Services shall be requested and required under this Agreement. Subrecipient acknowledges and agrees that Subrecipient shall not commence to provide Subrecipient's Services to a particular Qualified Participant hereunder unless and until Subrecipient receives a Notice to Proceed from the City authorizing the provision of Subrecipient's Services to that particular Qualified Participant.
Subrecipient further acknowledges and agrees that this• Agreement and any request for the provision of services hereunder is nonexclusive and that the City may enter into similar agreements with other entities for the provision of similar services.
3.3 Time for Performance. Time is of the essence in the performance of this Agreement. Subrecipient shall perform and complete all of Subrecipient's Services in a timely and expeditious manner.
Subrecipient shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that Subrecipient has delivered to the City written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. 5 3.4 Subrecipient's Proposal. The Scope of work shall include the Subrecipient's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
3.5 Compliance with Law. Subrecipient's Services shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and any Federal, State or local governmental agency of competent jurisdiction.
3.6 Licenses, Permits, Fees and Assessments. Subrecipient shall obtain, at Subrecipient's sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of Subrecipient's Services. Subrecipient shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this Agreement.
3.7 Nondiscrimination. Subrecipient agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of Subrecipient's Services. To the extent this Agreement provides that Subrecipient offer accommodations or services to the public, such accommodations or services shall be offered by Subrecipient to the public on fair and reasonable terms.
3.8 Familiarity with Work. By executing this Agreement, Subrecipient represents and warrants that Subrecipient (i) has thoroughly investigated and considered Subrecipient's Services to be performed, (ii) has carefully considered how Subrecipient's Services should be provided and (iii) fully understands the facilities, difficulties and restrictions attending the provision of Subrecipient's Services under this Agreement. Should the Subrecipient discover any latent or unknown conditions materially differing from those inherent in the provision of Subrecipient's Services or as represented by the City, Subrecipient shall immediately inform the City of such fact and shall not proceed except at Subrecipient's risk until written instructions are received from the City.
3.9 Inspection. The City, EDD and the Department of Labor and their agents and representatives shall have the right at any reasonable time to observe the provision of Subrecipient's Services. The City is under no duty to supervise the provision of Subrecipient's Services. Any inspection or examination by the City is for the sole purpose of protecting and preserving the City's rights under this Agreement. No default of Subrecipient shall be waived by any inspection by the City. In no event shall any inspection by the City be a representation that there has been or will be compliance with this Agreement or that Subrecipient is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this Agreement or the provision of Subrecipient's Services. Subrecipient shall make or cause to be made such other independent inspections as Subrecipient may desire for Subrecipient's own protection.
Section 4. Term. This Agreement shall be for a term (the "Term") commencing on the Date of Agreement and terminating on the Term Expiration Date, subject to earlier termination as provided in Subsection 6.1.4 or Section 7 hereof.
6 Section 5. Coordination of Services.
5.1 City's Representative. The City's Representative shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City's Representative is authorized to act unless this Agreement specifically provides otherwise or the context should otherwise require.
5.2 Subrecipient's Representative. Subrecipient's Representative shall represent the Subrecipient in all matters pertaining to this Agreement. Subrecipient's Representative is authorized to act on Subrecipient's behalf with respect to the services and work to be provided hereunder and make all decisions in connection therewith.
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal are a substantial inducement for the City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of Subrecipient and devoting sufficient time to personally supervise the provision of Subrecipient's Services hereunder. The foregoing principal may not be changed by Subrecipient and no other personnel may be assigned to supervise the Subrecipient's Services to be provided hereunder without the express written consent of the City.
5.3 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior written consent of City. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to City. This is a personal services contract and the Subrecipient was chosen on the basis of characteristics unique to the Subrecipient. City shall have the right to unreasonably or arbitrarily withhold its consent to any such assignment, transfer, encumbrance, pledge, subuse, or permission.
5.4 Independent Subrecipient. Subrecipient and any agent or employee of Subrecipient shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Subrecipient's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient.
Subrecipient shall not have authority to act as an agent on behalf of City unless specifically authorized to do so in writing. Subrecipient acknowledges that it is aware that because it is an independent subrecipient, City is making no deduction from any amount paid to Subrecipient and is not contributing to any fund on its behalf Subrecipient disclaims the right to any fee or benefits except as expressly provided for in this Agreement.
As respects all acts or omissions of Subrecipient relating to Subrecipient's responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient, the Subrecipient agrees to indemnify, defend (at the City's option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the Subrecipient's performance or failure to perform under this Section. 7 Section 6. Insurance and Indemnification.
6.1 Insurance. Without limiting City's right to indemnification, it is agreed that Subrecipient shall secure, prior to commencing any activities under this Agreement, and maintain, during the Term of this Agreement, insurance coverage as set forth in this Section 6.1.
6.1.1 Required Insurance Coverage. Subrecipient shall secure and maintain the following insurance coverage:
(a) Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence/accident/illness/injury; and (b) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, in an amount of not less than One Million Dollars ($1,000,00000) per occurrence, combined single limit, written on an occurrence form; and
The City's Representative, with the consent of the City's Risk Manager, is hereby authorized to reduce the requirements set forth above in the event he determines that such reduction is in City's best interest.
6.1.2 Required Clauses in Policies. Each policy of general liability insurance required by this Agreement shall contain the following clauses:
"Written notice of cancellation shall be delivered to the City Clerk of the City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92805 in accordance with the policy provisions."
"It is agreed that any insurance maintained by the City of Anaheim shall apply in excess of and not contribute with insurance provided by this policy."
"The City of Anaheim, its officials, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Anaheim." Subrecipient hereby agrees to waive subrogation which any insurer of the Subrecipient may acquire from the Subrecipient by virtue of the payment of any loss. If requested by City, Subrecipient agrees to obtain and deliver to City an endorsement from Subrecipient's general liability insurance insurer to effect this waiver of subrogation.
6.1.3 Required Certificates and Endorsements. Prior to commencement of any work under this Agreement, the Subrecipient shall deliver to City (i) insurance certificates 8 confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by City, it shall be the Subrecipient's responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, City reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement, including endorsements effecting the coverage required by these specifications..
6.1.4 Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Subrecipient fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
(a) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under this Agreement; (b) Order the Subrecipient to stop work under this Agreement and/or withhold any payment(s) which become due to the Subrecipient hereunder until the Subrecipient demonstrates compliance with the requirements hereof;
(c) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for the Subrecipient's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which the Subrecipient may be held responsible for payment of damages to persons or property resulting from the Subrecipient's or its subcontractor's performance of Subrecipient's Services under this Agreement.
6.2 Indemnification. As respects acts, errors or omissions in the performance of Subrecipient's Services under this Agreement, the Subrecipient agrees to indemnify and hold harmless the City, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of the Subrecipient's acts, errors or omissions in the performance of Subrecipient's Services under the terms of this Agreement.
Section 7. Enforcement of Agreement.
7.1 Events of Default. For purposes of this Section 7, the word "Default" shall mean the failure of Subrecipient to perform any of Subrecipient's duties or obligations or the breach by Subrecipient of any of the terms and conditions set forth in this Agreement. In addition, Subrecipient shall be deemed to be in Default upon Subrecipient's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged 9 bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing) or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Subrecipient's assets or of Subrecipient's interests hereunder.
City shall not be deemed to be in Default in the performance of any obligation required to be performed by City heretmder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Subrecipient specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
7.2 Immediate Termination for Subrecipient's Default. In the event of any Default by Subrecipient, City may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by Subrecipient of written notice from City. In such event, Subrecipient shall have no further rights hereunder; City shall have all other rights and remedies as provided by law.
7.3 Termination Without Cause. Either City or Subrecipient may terminate this Agreement at any time without the necessity of cause or Default by the other Party by giving thirty (30) days notice in writing to the other Party. In such event, the Parties shall have no further rights hereunder, except that Subrecipient shall be paid for Subrecipient's Services rendered and completed prior to such termination.
7.4 Attorneys' Fees. City and Subrecipient agree that in the event of litigation to enforce this Agreement or terms, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys' fees, incurred in connection with such litigation.
Section 8. Use and Ownership of Documents and Data.
8.1 Data to be Furnished by City. City shall furnish to Subrecipient such documents and materials as may be relevant and pertinent to the provision of services hereunder as City may possess or acquire.
8.2 Ownership of Documents. All documents and materials furnished by the City to Subrecipient pursuant to Section 8.1 hereof shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All documents and materials prepared by Subrecipient hereunder shall become the property of the City at the time of payment to Subrecipient of all fees and expenses for their preparation, and shall be delivered to the City by Subrecipient at the request of the City. The documents and materials prepared by Subrecipient hereunder shall not be used by the City or others, except for the purpose for which they were intended. The City agrees not to associate Subrecipient's name with any documents or materials not prepared by Subrecipient.
10 Section 9. Records, Reports and Audits.
9.1 Records and Reports; Retention of Records. Subrecipient shall prepare and submit financial, program progress, monitoring, evaluation, personnel, property and financial records and other reports as required by the City and in the format acceptable to the City to assure proper accounting of all WIOA Grant funds. Subrecipient shall furnish such information which, in the judgment of the City's Representative, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality and goals of the City's WIOA Programs. Subrecipient shall retain all records and reports required under this Section for a period of three (3) years after the termination of this Agreement.
9.2 Monitoring, The City may conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management, and impact of the program.
Authorized representatives of the City, EDD and the Department of Labor shall have the right of access to all activities and facilities operated by Subrecipient in connection with this Agreement.
Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance at all pertinent staff, board of directors, advisory committee, and advisory board meetings and inspection by the City, EDD and the Department of Labor. Subrecipient shall ensure that its employees and board members furnish such information as, in the judgment of the City, EDD and the Department of Labor, may be relevant to the question of compliance with contractual conditions and Department of Labor directives, or the effectiveness, legality, and achievements of the City's WIOA Programs.
Section 10. Miscellaneous Provisions.
10.1 Waiver. Inaction by City or Subrecipient with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either City or Subrecipient of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.
10.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Subrecipient to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to City:
With copies to:
City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
Workforce Development Manager
Housing and Community Development Department
City of Anaheim
290 S. Anaheim Boulevard, Suite 102
Anaheim, California 92805
FAX No. (714) 765-4363
11 City Attorney
City of Anaheim
200 S. Anaheim Boulevard, 3rd Floor
Anaheim, California 92805
FAX No. (714) 765-5123
To Subrecipient: TALLER SAN JOSE HOPE BUILDERS
801 N. Broadway
Santa Ana, CA 92701
Attention: Executive Director
Telephone No.: 714-543-5105 x109
FAX No. 714-543-5032
10.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Subrecipient is and will be at all times an independent subrecipient pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of the City.
10.4 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
10.5 Non-Liability of Members, Officials and Employees of the City. No member, official or employee of the City shall be personally liable to Subrecipient, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Subrecipient or Subrecipient's successors, or on any obligation under the terms of this Agreement. Subrecipient hereby waives and releases any claim Subrecipient may have against the members, officials or employees of the City with respect to any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient's successors, or any obligations under the terms of this Agreement. Subrecipient makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
10.6 Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
12 10.7 Time of the Essence. Time is hereby expressly declared to be the essence of this Agreement and of each and every 'Wan, covenant and condition hereof which relates to a date or a period of time.
10.8 Remedies Cumulative. The remedies given to City and Contract herein shall be cumulative and are given without impairing any other rights given City or Subrecipient by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by City or Subrecipient shall not exclude the exercise of any other remedy.
10.9 Effect of Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
10.10 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of City and to the permitted successors and assigns of Subrecipient, and all references to "City" or "Subrecipient" shall be deemed to refer to and include all permitted successors and assigns of such Party.
10.11 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of the City and the Subrecipient with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Subrecipient which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified or added except by an agreement in writing signed by City and Subrecipient. -10.12 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.
Subrecipient shall, at City's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
10.13 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affect his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.
10.14 Time for Acceptance of Agreement by City. This Agreement, when executed by Subrecipient and delivered to City, must be authorized, executed and delivered by the City on or before forty-five (45) days after the execution and delivery by Subrecipient or this Agreement shall be void, except to the extent that Subrecipient and City shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. 13 (Remainder of page intentionally left blank; signatures on next page) 14 CITY A
By:
Ryan
Deput
Age
y Att
IN WITNESS WHEREOF, the City and the Subrecipient have executed this Agreement on the respective dates set forth below.
"CITY"
CITY OF ANAHEIM,
a municipal corporation and charter city
Dated: By
Grace Ruiz-Stepter
Director, Department of Housing and
Community Development
ATTEST:
THERESA BASS, CITY CLERK
By:
City Clerk
APPROVED AS TO FORM:
I gtt
"SUBRECIPIENT"
Dated:
TALLER SAN JOSE HOPE BUILDERS, a
California non-profit corporation, dba HOPE
BUILDERS
By.1,94.1.7Pi4t
'hawna Gotreau
Executive Director
153083.2
15 B. VALDIVIA
Notary Public • California 2
Orange County
Commission # 2380128
My Comm. Expires Oct 26, 2025
Witness my hand and official seal.
(Signature) (Seal)
ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document,
State ofCalifatnia )
County ofOrtaty_ )
On o vna :924, , before me, c),?!._ PCAlek, )
[date] [here insert name and title àjthe ofcerJ
personally appearedArAWriCk GOVrecAd
There insert name(' qf signerX1
who proved to me on the basis of satisfactory evidence to be the person() whose name(t)Jqie subscribed to the within instrument and acknowledged to me that 14/ y executed the same in plfs/Dilyrr authorized capacity/A, and that by /&thØr signature( on the instrument the person), or the entity upon behalf of which person( 0' acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
EXHIBIT "A"
WORK PLAN SUMMARY
(Behind this sheet)
Exhibit A
ANAHEIM WORKFORCE DEVELOPMENT BOARD
WORK PLAN SUMMARY FOR
WORKFORCE INNOVATION & OPPORTUNITY ACT
YOUTH PROGRAM ACTIVITIES & SERVICES
FOR PY 2024-26
TALLER SAN JOSE HOPE BUILDERS
August 23, 2024
Taller San Jose Hope Builders
Anaheim Workforce Development Board
2024-2026 Youth Workforce Investment Act Programs
I) Scope of Worts
Taller San Jose Hope Builders (Hope Builders) seeks to provide 15 youth from Anaheim and other Orange County Cities, ages 18-24, who are out-of-school and out-of-work, with the mentoring, job training and life skills support that meet the needs of employers. Upon training completion, Hope Builders will place out-of-school youth in high-demand industries that offer family-sustaining wages and career ladders for growth.
A. Program Design
Hope Builders recruits 18-28-year-old out-of-school youth, who demonstrate a strong desire to turn their lives around. Prior to enrollment, Hope Builders carefully vets each candidate to determine their readiness for engaging in the program. Youth who wish to enroll must demonstrate that they are ready for change by: submitting an application, participating in an interview, passing a drug test, possessing right-to-work documents and taking a basic skills assessment test (TABE).
During the Admissions process, Hope Builders assesses youth across more than 100 behavioral mindsets and essential skills such as initiative, problem solving, critical thinking, creativity, productivity, grit and interpersonal skills. Pairin then maps each individual's career goals to performance targets and outlines a life skills curriculum that staff uses to:
support trainee growth on their path to workforce readiness; develop the foundational behaviors needed for learning higher-level skills; and, flag trainees, who need additional support. Findings from PAIRIN guide staffs weekly review of trainees' progression towards the development of critical workplace behaviors, including: attendance, punctuality, work habits, employability and skill development These meetings help staff and youth set regular goals to address throughout training.
Once enrolled, youth participate in these four components of Hope Builders' programming designed to move out-of-school youth from poverty to prosperity:
1) Hard-Skills Training in Construction and Healthcare (Clinical Medical Assisting and Child Care Careers): offers contextualized basic skills remediation, pays trainees a $100 weekly stipend, offers financial assistance for childcare and transportation, and requires trainees to show up every day, on time, dressed professionally and with a good attitude. To ensure weekly progression towards workforce readiness, staff tracks attendance, access to reliable transportation, demonstrated initiative, the ability to work independently and the results of random drug tests. Youth who are not able to meet the program requirements are dismissed.
Hope Builders' basic skills remediation is designed to ensure trainees develop the basic reading and math skills necessary for success in the workforce. Hope Builders incorporates SCANS competencies to ensure that construction trainees, for example, learn the algebra, geometry and trigonometry needed for basic construction principles, such as estimating 2 Taller San Jose Hope Builders
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material costs, reading blueprints and rough carpentry. Likewise, healthcare trainees develop the reading and math skills needed to learn and understand healthcare vocabulary and calculate dosage. Hope Builders devotes up to two hours daily to teach these skills using worksheets, college level books and lecture-style classroom instruction. Volunteer tutors work with trainees several times per week to reinforce these skills. Furthermore, trainees develop their listening, speaking, thinking and personal quality skills during hands-on instruction where they must respond to verbal messages and cues and work collaboratively in teams. Additionally, through a partnership with the Orange County Department of Education, trainees without a high school diploma participate in weekly classes, offered onsite at Hope Builders, to complete their high school credits.
Hope Builders' Construction program focuses on construction fundamentals and incorporates: safety awareness and training, construction theory, adherence to attendance policies, mentoring, job coaching, and leadership development. Hands-on training includes framing, drywall installation, electrical and plumbing. Those who successfully complete training receive a state recognized certificate in Construction Technology through a partnership between Hope Builders and Santa Ana College The Healthcare program trains youth in Clinical Medical Assisting (CMA) and Child Development Careers (CDC). The CMA program, led by a certified medical assistant, prepares students for back-office work, training them to measure vital signs, assist the physician with procedures, administer medications and give injections, record electrocardiograms, draw blood samples and perform basic laboratory tests. The CDC program, offered in partnership with Santiago Canyon College and led by a Registered Behavioral Technician, prepares youth to assist behavior analysts to execute treatment plans with young children on the autism spectrum. Demand for Behavioral Therapists is high in Orange County, which has the highest rate in California of public-school children diagnosed with autism. Employers project a deficit of 600 Behavioral Technicians annually. Classes in this program cover defining behavior, teaching methodologies based on Applied Behavior Analysis (ABA), Functional Behavior Assessment, and more. Trainees are prepared to provide direct one-on-one behavioral interventions to teach communication, social, and daily living skills and reduce problematic behaviors in the home, community, and school settings. Upon successful completion youth will be prepared to sit for their Applied Behavior Analysis Technician (ABAT), Board Certified Autism Technician (BCAT), and/or Registered Behavior Technician (RBT) certifications.
2) Individualized Case Management, Mentoring and Life Skills: Upon program enrollment, each trainee is matched with a Support Specialist to help youth address barriers that may prevent them from successfully completing the program and/or retaining employment. Support Specialists use the results of the PAIRIN assessment to guide case management and establish an individual service plan, with corresponding goals and objectives. Hope Builders employs a full-time team of Support Specialists, including MSWs, ACSW, AMFT and MFT to help youth achieve their full potential and/or to provide therapy to youth who display a need for more specialized, intensive support. Support Specialists 3 Taller San Jose Hope Builders
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meet with youth weekly during training to focus on and assess development of five key areas of soft skill development, which are critical to a successful transition to the workforce:
Accountability, Initiative, Productivity, Resilience and Leadership. Throughout training, Support Specialists offer weekly Life Skills classes on topics including: Social and Emotional Wellness; Healthy Behaviors; Technological Literacy; Financial Responsibility; Educational Achievement; and Employment Attainment. Hope Builders engages with community partners to offer some of these workshops. For example, a speaker from the Orange County Credit Union conducts a one-hour financial literacy and savings workshop for each cohort of trainees.
Attached is a sample of the Workforce Readiness Report and PAIRIN Insights Report Support Specialists use when working with each trainee to ensure progression. 3) Links to Career and Education Pathways: Hope Builders' Career Readiness team meets with all trainees weekly to help them prepare for the workforce and create a resume, learn how to conduct a job search, set up a professional email account, dress professionally and practice their interviewing skills. Hope Builders hosts guest speakers from different industries to help youth understand different career pathways that may be available to them.
Past speakers have included representatives from Providence, Kaiser Perrnanente, Hoag Hospital, ABA Enhancements, Capsule Manufacturing and 24HRC, among others. Hope Builders' trainees also participate in field trips to the Orange County Carpenter's Union, ABC Craft Championship and AGC,
To enter an upwardly mobile career path in the high-growth sectors of construction and healthcare, Hope Builders youth receive certification from one of the following entities:
American Heart Association (Basic Life Support for Healthcare Providers), the U.S.
Department of Labor/Occupational Safety and Health Administration (OSHA), or Santa Ana College (Construction Technology Certificate). Trainees in the Child Development Careers program learn the skills required to sit for Registered Behavior Technician (RBT) exam through a 40-hour online course. Staff guides trainees to continue their education through employer-sponsored training programs, such as Associated Builders and Contractors, Associated General Contractors or through certificate and degree programs offered through local community colleges.
4) Employment Placement and Retention Services: At the completion of hard skills training, staff seeks to help each trainee find, retain, and advance their employment Youth can either secure their own jobs or work with staff to find paid internship and direct placement opportunities. Hope Builders' employment services team focuses on recruiting employment partners that offer quality job opportunities that provide pathways to a living wage and upward mobility. Once employed, staff follows up with both youth and employers monthly for the first 6 months to ensure ongoing job and performance satisfaction and to address any barriers to employment retention. Typically, Hope Builders places over 80% of its graduates within 90 days of training completion; the average time to employment 4 Taller San Jose Hope Builders
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placement is 41 days. Hope Builders contracts coordinator will follow up with all WIOA- enrolled youth for 12 months after employment placement.
B. Program Implementation (outreach, screening, paid/unpaid work experience, frequency of case management, placement activities, outcomes, collabs) Hope Builders seeks to serve 15 Anaheim out-of-school youth, ages 18-24. To determine WIOA eligibility, Hope Builders requires all prospective trainees to fill out an application to document employment history, including wages and hours worked, annual household income and household size, number of children and social service programs. Next, Hope Builders administers a TABE test to assess basic skills levels. At the time of application, Hope Builders also collects copies of right-to-work documents, driver's license, school transcripts and conducts background screening. Hope Builders seeks to enroll youth who are very low or extremely low income (according to HUD Orange County guidelines), basic skills deficient (5th-8th grade on TABE), unemployed, pregnant and/or parenting and impacted by trauma.
The following demographics, of 334 youth, who enrolled between July 2023 and June 2024, represent the typical Hope Builders' trainee: 37% Male, 63% Female, 18% Pregnant and/or Parenting, 53% Receiving Public Benefits, 7% formerly incarcerated, 3% foster youth, 10% history of substance abuse, 0% housing insecure, 97% with high school diploma, and 44% impacted by trauma.
Hope Builders utilizes the following recruitment efforts to outreach to its target population:
1) Outreach Specialists actively market the program to potential students and organize recruitment efforts at local churches, jails, community centers, and other youth-serving non- profits, among others; 2) Referrals from current and former Hope Builders students - about 65% of students are referred by a friend or relative; 3) Referrals from community partners including: Big Brothers Big Sisters, Centennial Education Center, La Familia, Youth Provider Network, Daisy Wheel Network, and others. On either a weekly or monthly basis (depending on the partner), Hope Builders' Outreach team maintains office hours at these programs:
Project Kinship, Orange County Conservation Corps, Phoenix House, Orangewood and certain ACCESS schools. During these office hours, Hope Builders' staff meets individually with prospective applicants to discuss the program and start the application process; and, 4) Advertising and social media campaigns to increase awareness of Hope Builders' program.
The program enrolls youth who demonstrate readiness to change their lives. Prospective trainees must attend a one-week orientation on-site at Hope Builders to meet staff, review the program's expectations and commit to fulfilling them. Once admitted to the program, youth must demonstrate that they are reliable and responsible by attending every day, on time, drug free and with a good attitude.
Hope Builders models real world experiences by paying trainees a weekly $100 stipend, and requires youth to show up every day, on time, drug free, dressed professionally and with a good attitude.
Taller Son Jose Hope Builders
Anaheim Workforce Development Board
2024-2026 Youth Workforce Investment Act Programs
To best prepare disconnected youth for careers, Hope Builders also offers real world job site experience. At the completion of 16 weeks of skills training in the classroom, youth in the clinical medical assistant training program participate in a four-week (160-hour) externship at a partnering doctor's office or community clinic. Staff conducts regular site visits to monitor intern performance, and at the completion of the externship, interns are evaluated by their site supervisor(s) in these categories: Performance (technical skills), Initiative, Professionalism and Patient/Staff Relations. Graduates have been placed into employment with St. Joseph Health, Memorial Care Medical Group, Hurtt Family Health Clinic and Share Our Selves, as clinical medical assistants.
In 2018, Hope Builders launched its social enterprise staffing model, Hope Builders Career Connections (HBCC), to match youth to career opportunities with local employers. Initially designed to fast-track construction trainees into quality jobs and help employers vet and train reliable, skilled employees, this program has since evolved to additionally place healthcare and childcare trainees for both direct hire and temp-to-hire positions. After 4 months of skills training, Hope Builders transitions young adults to HBCC for placement with employment partners recruited by HBCC. Each partnering company signs a Memorandum of Understanding, which outlines the structure, terms, and conditions of the work experience.
HBCC serves as the employer on record and provides weekly follow up services to both the youth and employer. Follow-up occurs at these intervals: end of first week of employment, monthly through six months. For those in temp-to-hire contracts, upon completion both the youth and employers have the option of transitioning to full-time employment; the current conversion to hire rate is 80 percent. Hope Builders supports employee retention with up to 6 months of case management, skill development and life skills support. This new model is leading to higher rates of pay (youth are earning an average salary of $22 per hour), longer job retention (80% of those converted to hire are still employed with their original employer) and access to ongoing education through apprenticeships. Most recently, Hope Builders partnered with the Magnolia Agriscience Community Center at Anaheim Union and a number of other City of Anaheim Departments to provide paid summer internships to local youth.
Hope Builders uses Apricot data management system to measure performance and chart course corrections. Over the funding period, Hope Builders will strive to help 15 Anaheim youth enrolled in its Healthcare and Construction training program and expects:
• 74% will become workforce ready demonstrated by: 1) Attaining an industry- recognized credential; 2) Improving their basic math and/or reading skills by a minimum of one grade level and 3) Demonstrating growth in social awareness, self- awareness, self-management and healthy behaviors (as measured on social- emotional assessment tool).
• 95% of the workforce ready participants will obtain a pathway job. • 62% of all participants will increase their economic stability within 24 months of training completion; demonstrated by finding and retaining a quality job that has a definable career pathway job and offers an annual income of $35,360 or more. 6 Taller San Jose Hope Builders
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Hope Builders maintains partnership with Rancho Santiago Community College District campuses, including Santa Ana College and Santiago Community College.
C. Performance Outcomes
Effective through June 30, 2026, Hope Builders will incorporate the WIOA performance measures. If the contract is extended, the organization will transition in alignment with the Anaheim WM to implement the WIOA defined performance standards.
Hope Builders shall-submit MIS applications and participation forms to the City for entry into CalJOBS system within established City guidelines. Hope Builders will enter activity codes as necessary into CalJOBS system within established City guidelines.
The table below provides the FY 2024-26 Performance Goals that will be tracked as a result of this contract:
PY 2024-26 Performance Goals
Indicators of Performance Youth
Employment Rate - 2nd Quarter After Exit 73.0%
Employment Rate - 4th Quarter After Exit 77.0%
Median Earnings - 2nd Quarter After Exit $5,600
Credential Attainment within 4th Quarters After
Exit 72.0%
Measurable Skill Gains (MSG) 61.0%
• Employment or Placement Rate For Youth
o Provide links to employment through job preparation workshops, participation in job fairs, resume preparation, referrals and job coaching; staff works to connect interns who have completed Hope Builders' skills training academies to educational and training pipeline programs at local community colleges, career technical schools and apprenticeship training programs. All youth who have assessment results showing the need for basic remediation will receive assistance to increase their literacy and numeracy skills. They will receive a minimum of 25 hours of tutoring and other services to increase their basic skills tandem to their vocational training.
• Median Earnings
o Link youth to jobs with wages at $16 an hour or higher. 7 Taller San Jose Hope Builders
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• Credential Attainment
o During training all youth receive a minimum of 12 hours of Education Pathways curriculum that focuses on developing study skills, understanding the relationship between career ladders and post-secondary pathways, and accessing financial aid and scholarships.
• Measurable Skills Gains
o Hope Builders youth receive certification from one of the following entities:
American Heart Association (Basic Life Support for Healthcare Providers), the National Center for Construction Education and Research (NCCER), the U.S.
Department of Labor/Occupational Safety and Health Administration (OSHA), or Santa Ana College (Construction Technology Certificate). Trainees in the Behavioral Technician program learn the skills required to sit for the Registered Behavior Technician (RBT) exam. Staff guides trainees to continue their education through employer-sponsored training programs, such as Associated Builders and Contractors, Associated General Contractors or through certificate and degree programs offered through local community colleges. 1) Cooperation and Collaboration: Hope Builders is a major collaborator in the Orange County region and participates with most community endeavors. For example, Hope Builders was involved in the planning process of Building Healthy Communities (heralded by The California Endowment) and efforts with local Workforce Investment Boards (such as the Orange County Workforce Development Board's Juvenile Justice Reentry Plan, a planning project funded by the U.S. Department of Labor). As one of the larger non-profits in the region, Hope Builders acts as a participant and convener of activities in the communities served, ensuring that the voice of the individuals served and represented are "at the table" when necessary for the benefit of all involved.
The agency collaborates with regional partners to accomplish WIA and WIOA goals through the Santa Ana Workforce system and will do the same based on best practices and lessons learned when working with Anaheim Workforce Connection. Hope Builders collaborates with a number of partners in Anaheim to help recruit youth within its target population and to meet employers who will hire youth upon the completion of training. Hope Builders has established working relationships with the City of Anaheim's Human Service Networking group to learn about how to best outreach to youth in Anaheim. The agency also works with Anaheim's Youth Employment Opportunity Program, the Harbor Family Resource Center, and the Anaheim Advisory Board to connect with local employers aligned primarily with the three training academies.
Through these relationships, Hope Builders has built partnerships with such businesses as Pacific Contours Corporation, Anaheim Angels, UPS, Health Point Medical Clinic, and the Holiday Inn. Hope Builders works with MemorialCare Clinics and Health Point Medical Clinic to provide externships to youth who have completed Hope Builders' clinical medical assisting program and with ABC Apprenticeship for training for youth who have completed Taller San Jose Hope Builders
Anaheim Workforce Development Board
2024-2026 Youth Workforce Investment Act Programs
Hope Builders' Construction Academy. Included with this proposal are letters of commitment from some of the desired collaborative agencies, namely Desert Sands Charter School and Project Kinship.
H) DEMONSTRATED ABILITY / PAST PERFORMANCE
Founded in Santa Ana in 1995 by the Sisters of St Joseph of Orange, Hope Builders empowers 18-28-year-old young adults who are completely disconnected from the workforce and all educational opportunities with the job training and life skills needed to achieve economic stability and enduring personal and professional success. Over the past two decades of service to communities in Orange County, California, the organization has helped more than 6,000 young adults develop marketable skills and find employment. Each year, Hope Builders serves more than 300 Orange County youth who are unemployed, extremely low- income (5th-8th grade on TABE), basic skills deficient, pregnant or parenting and/or impacted by trauma. The majority of Hope Builders' trainees reside in Santa Ana and Anaheim, where up to 62% of households in certain neighborhoods, struggle to make ends meet. These neighborhoods contend with expensive, overcrowded housing, low educational attainment, high unemployment and high rates of crime and violence.
In 2015, Hope Builders opened its Anaheim training location to better serve youth throughout the city of Anaheim and across other communities in northern Orange County.
Hope Builders is led by a staff of over 34 employees and a 14-member Board of Directors.
Hope Builders is a proven model. It helps young adults become ready to enter the workforce and thrive. In 2012, one of the nation's most influential foundations—The Edna McConnell Clark Foundation—recognized Hope Builders as one of 13 promising practices across the nation that successfully addresses the needs of disconnected young adults. Hope Builders is also part of the James Irvine Foundation's Better Careers Initiative, focused on putting Californians to work. Hope Builders' budget of $4.3 million is supported by diverse funding sources, including: 20% from individuals and corporations; 17% from annual events; 19% from private foundations; 31% government; and, 13% program service fees.
Hope Builders aims to help youth increase their preparedness for the workforce, improve their life stability and, ultimately, increase their economic stability. This fiscal year, Hope Builders is on track to enroll 336 young adults and expects that 275 will successfully be workforce ready. Hope Builders also expects to have 231 job placements through Hope Builders Career Connections.
As a current and past recipient (since 2006) of Workforce Investment Act funding, Hope Builders is on track to hit expected performance goals for its current grant and pleased to share these outcomes of past performance:
FY 07/01123 to 06130/2024
Total Youth Enrolled: 15
Total Youth Who Successfully Completed Training: 14 or 93% (14/15) Total Youth Who Were Workforce Ready at Training Completion: 14 or 93% (14/15) 9 Taller San Jose Hope Builders
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Total Youth Who Gained Employment: 10 or 66% (10/15)
Total Youth Who Retained a Career Pathway Job for 6 Months: 1 or 6.6% (1/15) FY o7/91,i2g to 06/30/2023
Total Youth Enrolled: 20
Total Youth Who Successfully Completed Training: 16 or 80% (6/20) Total Youth Who Were Workforce Ready at Training Completion: 12 or 60% (12/20) Total Youth Who Gained Employment: 10 or 50% (10/20)
Total Youth Who Retained a Career Pathway Job for 6 Months: 7 or 35% (7/20) FY 07/01/21 to 06/30/2022
Total Youth Enrolled: 14
Total Youth Who Successfully Completed Training: 12 or 85.7% (12/14) Total Youth Who Were Workforce Ready at Training Completion: 8 or 57% (8/14) Total Youth Who Gained Employment: 10 or 71% (10/14)
Total Youth Who Retained a Career Pathway Job for 6 Months: 8 or 57% (8/14) FY 07/01/0 to 06/30/2021
Total Youth Enrolled: 10
Total Youth Who Completed Training: 10 or 100% (10/10)
Total Youth Who Were Workforce Ready at Training Completion: 8 or 80% (8/10) Total Youth Who Retained a Career Pathway Job for 6 Months: 6 or 60% (6/10) FY 07/01/19 to 06/30/20
Total Youth Enrolled: 14
Total Youth Who Completed Training: 9 or 64% (9/14)
FY 07/01/2017 to 06/30/2018
Total Youth Enrolled: 24
Total Youth Who Completed Training: 21 or 88% (21/24)
Total Youth Who Increased Basic Skills: 16 or 76% (16/21) Total Youth Who Gained Employment: 19 or 90% (19/21)
Total Youth Who Enrolled in Post-Secondary Education: 2 or 10% (2/21) Total Youth Who Completed Post-Secondary Education: 1 or 50% (1/2) FY 07/01/2016 to 06/30/2017
Total Youth Enrolled 20
Total Youth Who Completed Training: 14 or 70% (14/20)
Total Youth Who Increased Basic Skills: 10 or 71% (10/14) Total Youth Who Gained Employment: 11 or 79% (11/14)
Total Youth Who Enrolled in Post-Secondary Education: 1 or 7% (1/14) Total Youth Who Completed Post-Secondary Education: 0.or 0% Taller San Jose Hope Builders
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HI) BUDGET (REASONABLENESS OF COST)
_
Total Proposed Budget: $231,783
Out-of-School Funds (100%) $231,783
Work Experience Funds (100%) , $114,718
Total Proposed Participants 15 ,
# of Out-of-School Youth 15
# of In-School Youth 0
Fiscal Management System
Hope Builders' fiscal management system for WIOA program funds is built on 20 years of experience in handling multiple funding streams and consistent income growth, ensuring compliance with federal requirements. The agency works hard to diversify its funding base so that it does not rely solely on one revenue stream. The budgeted revenue for Hope Builders' current 2024-25 is comprised of $4.3 million, including: 20% from individuals and corporations; 17% from annual events; 19% from private foundations; 31% government; and, 13% program service fees.
The agency's financial systems meet the allowable cost principles and will report W1OA expenditures and program income on an accrual basis of accounting. As a recipient of Workforce Investment Act youth funding through the Santa Ana Workforce Development Board, Hope Builders has demonstrated experience in fulfilling federally required documentation and record keeping. Staff has developed accounting and administrative measures to handle reporting requirements and tracking systems for all income and expenses, including grants, received by Hope Builders for program purposes. Staff records fiscal data in QuickBooks Enterprise. The agency coordinates the completion of an annual independent audit. In addition, staff uses an annual budget to plan expenditures and costs, which is approved by the Board of Directors. Staff prepares monthly financial statements, which are reviewed by the Executive Director. On a bi-rnonthly basis, Department Managers, the Finance Committee and the Board of Directors review financials.
Hope Builders maintains a procurement policy and is capable of providing quarterly invoices for services provided. Costs are accumulated in the general ledger by account and grant. Cost reports and invoices are reviewed by the Controller, and has had extensive experience with small businesses, especially concentrating on non-profits. He holds a BS in Accounting.
See budget attached.
Taller San Jose Hope Builders
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2024-2026 Youth Workforce Investment Act Programs
LINE ITEM BUDGET
Cost Categories:
Salaries and Benefits 213,704
Staff Position
Salaries Fringe Benefits
Total
Amount % Amount
Training Supervisors 49.297 9.00% 4,437 53.734
Admissions Specialist 14.120 9.00% 1.271 15,391
Career Readiness & Education
Coordinators 40,536 9.00% 3,648 44,184
Director of Programs 20.655 9.00% 1,859 22,514
Support Spedalists 44,170 9.00% 3,975 48.145
Support Specialist Manager 18,727 9.00% 1,685 20,412
Grant Administrator 8.592 9.00% 805 9,324
Subtotal $ 19,Q97 $ 0.680 $ 2/3.704
%
Allocated as Work
Experience
Work
Experience
Funds
100% 53,734
100% 44,184
$ 47,918
erations 10.079
Description Quantity Cost ''°' TotalAllowance
Participant Wares [Work Exper
Stipends during traininR 15 $ 1.200 93% 16,800
SuL. o ortive Services and Assisti. ,
Childcare Vouchers 3 $ 500 85% 1,279
%Allocated
as Work
Enoerience
Work
Experience
Funds
100% 1&800
Subtotal 18.079 $ 16,800
49% F$ 114,718 Total $ 231,783
1.2 Taller San Jose Hope Builders
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EXHIBIT "B"
COVENANTS RE: USE OF FEDERAL FUNDS
Subrecipient acknowledges and agrees that the Subgrant is funded from WIOA Grant funds allocated to the City by the Department of Labor (DOL) of the United States of America.
Accordingly, Subrecipient covenants and agrees as follows:
Section 1. Compliance With Law. Subrecipient hereby covenants and agrees that it has complied and will continue to comply with those provisions of the Workforce Innovation and Opportunity Act of 2014 establishing the WIOA Grant program under Public Law 113-128 (the "Act"), and all applicable Federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this federally-assisted program. This Agreement is subject to all such laws, ordinances,' regulations, policies, and guidelines, including, without limitation, the Act; 20 CFR Part 676, 677, and 678; and applicable U.S. Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Section 2. Non-Discrimination and Equal Opportunity. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, age, national origin, or ancestry. Subrecipient shall comply with the following:
A. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as amended, and all regulations applicable thereto, and the provisions of WIOA Section 188 and compliance with Equal Employment Opportunity provisions in Executive Order (E.0.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 C.F.R. Part
60. B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 C.F.R. Part 146.
C. The prohibitions against discrimination against otherwise qualified individuals with disabilities under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 C.F.R. Part 8.
D. The prohibitions against discrimination against disabled persons under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and all applicable implementing regulations (28 C.F.R. Parts 35-36).
Section 3. Office of Management and Budget. Subrecipient shall comply with Uniform Administrative, Cost Principles and Audit Requirements for Federal Awards; Final Rule at 2 Code of Federal Regulations (CFR) Chapter 1 and Chapter 2, Part 200, et al. and DOL's Exceptions at 2 CFR Chapter 11 Part 2900, et al. and all regulations, legislation, directives, policies, procedures, and amendments issued pursuant thereto.
Section 4. Government-wide Debarment and Suspension, and Government-wide Drug- free Workplace Requirements. Subrecipient shall comply with regulations implementing Executive Order 12549, Debarment and Suspension and comply with the requirements of the Drug Free Workplace Act of 1990.
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Section 5. Restrictions on Lobbying. Subrecipient shall comply with the restrictions on lobbying which are codified in the DOL regulations at Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR 2900.
Section 6. Standards of Conduct. Every reasonable course of action will be taken by Subrecipient in order to maintain the integrity of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from efforts to gain personal, financial, or political gain. 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.
Section 7. Religious and Political Activities. Subrecipient agrees that Subgrant Proceeds shall be used exclusively for the Services required under this Agreement, and that no funds made available under this Agreement shall be used to promote religious or political activities. Further, Subrecipient agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Agreement.
Section 8. No Disability. Subrecipient certifies and agrees that it is under no contractual or other disability which would prevent it from complying with all pertinent laws and regulations.
Section 9. Privacy. Subrecipient agrees and shall ensure that no information about or obtained from any person receiving services hereunder shall be voluntarily disclosed in any form identifiable with such person without first obtaining the written consent of such person as set forth at Uniform Guidance 2 CFR Part 200.303.
Section 10. Patent Rights. Subrecipient shall comply with the notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under this Agreement as set forth at Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900.
Section 11. Clean Air Act; EPA Regulations. Subrecipicnt shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act set forth at 42 U.S.C. 1857 (h), Section 508 of the Clean Air Act set forth at 33 U.S.C. 1968, Executive Order 11738 and the Environmental Protection Agency regulations set forth at 40 CFR Part 15.
Section 12. Energy Efficiency. Subrecipient shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act set forth at Public Law 94-163, 89 Statutes 871.
Section 13. Intellectual Property. Subrecipient acknowledges and agrees that pursuant 'to Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900., the Federal Government reserves a royally-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 the Subgrant or this Agreement; (B) any rights of copyright to which Subrecipient purchases ownership with Subgrant Proceeds;
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(C) the patent for any invention developed under the Subgrant or this Agreement; and (D) any rights in any patent to which Subrecipient purchases ownership with Subgrant Proceeds.
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