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HomeMy WebLinkAboutWESTERN INSTITUTE OF CAREERS, INC - 1979-08-06a . AGFENI;ZT FOR ADMINISTRATION k= THIS AGR',4 MENT is made and entered into October 1, 1979, by and between the CITY OF HUNTINGTON BEACH, a municipal, aorppratton �~ �to s of the State of 0alifornia hersi.nafter referred as "CITY" and N the n,- STERN ;NST:> TUTE OF GAREEFtS, INC . , a Pz Lvate, non-profit California <.orporaticn, hereinafter referred to as "INSTITUTE."' K lffir ?EAF, CITY is a tinit j;e erallocal governneat, and is a member +,f the Orange County Manpower Commission, and is entitled to vee,:�-ive F.id administer ,grant funds from such commission 'Ander � the Comprehensive Employments and Training Act (CETA) Of 1973, as i amended (P.L. 93-203, 37 Stat. 839, P.L. 93-567, 88 stat. 1845, P.L. 9$-5p4> 92 Sta.t. 1909, 29 U.S.C. &801) to provide eatp;l,oymentY- re Lated service4 as regulated by the United Stat i:s Department; of Labor, Employment and Training Admi,nistrati-ona Wx;EP8AS, CITY has by ford ,41 act:ior, deteri4ned not to wdm nister CETA funds, Baas rt.tltrned such funds allocated to it to the commissior.,, and bid ,5 reoommended to the commission that the CIT-V s administrative responsibility y as pr-4me ser,4ce prgv`ider, rr be delegated by the commissixn to the INSTITUTE. }' NOW, THEWORE in dortsiderat on of t:ho mutual terms and conditions hereinafter set forth, CITY 4nd IXST-T.12UTE agrees as l.. Pur qse. Tbt�pt rposes of this agroomerit shall be: a. To, o, 1de .for i �e adminittrati.an ►f CETA, pVOgr o, ,p ix1 the City, of Huxj in,gbon. �Ouck`i"; and �l rA1 i$ r �r o 4 % 9. e r B. To identify the procedures and fuilcions for which ' the res,peetive parties are responsible so as to insure the eff cient operation of public -terrvice employment.. Te�rF_ This agreement--ha�,1 become 'banding iznon the parties beretcz, upon October 1,, h979, through September 30 100, upon execatiarn by both parties. This agreement and any subsequent extension or amendmenv hereof shall be subject to the Joint uxercxse R. 4 of Powers AgreeznAnt for the C:;,a,ng& Pounty Manpotier Commission, of which the CITY is a member, as that wame agreement may be x5 � hereafter amended or extended, Nothing; in this agreement, however, �tw uF shall be deemed to obligate either party to extend thia agreement i beyond the September 30, 1980, or beywid the term. of the Joint. Power Agreement, should such -agreement terminatepriorto the f termination gate nf.this agreement, f E Public Service Em2loXment O erAtin , Procedures. INSTITUTE AND CITY will ;pe;.rorm the rollowIng duties and respon-- sabilitles. A IMSTITUTg will, within tern wc-- *king days after submission of CZKTA. pxop3_ Ovals to the Orange County Manpot+rep' A Commf,8si,1, inform CITY of the projected revel of funi~ingavail- .' able by CFTA Title and program, r B. CITY wil,i, ldthlrl thirty working days aftor being so in,t �!d5 provide to X 'STXTUTS,a signed copy of the Personnel Requisition and Job description Ffor each position into 'which CITY intonO ter ,plaot a G8TA 'Vublia Ser%-4 - ,Mployinent or other aria" cipant� -O th dabh such R�quisition, ranked in order of priority. wwLr dd C. SN4TITUTE w :L,, w1thIn tez,'working day:},"`after i receipt of the personnel, requisition and job description for a position or upon execution of the contract with the Orange; county Manpower Commission, info. -Si CITY of the actual level of runding and number of positions ava.',i fable, �r. D. CTTY and institute will together determine the final number of .CITY positions to be tilled, in keeping with the CETA regulations ants labor marketconditions, with CITY haIn; right of first 'refusal on all Public Service Employment positions. F. Available posi.tlons not utJ.1ized by CITY tgi.11 be subsequently allocated by INSTITUTE to area school distr'itts s other public and, private non 4 j,y ofit aEe-_`oi.es, and training.programs as appropriate to provide comprrebenaivo CP TA selvi.oes i,rj guntington Beach. On the basis of approved CITY Poi -- anel Requi z tions/ Job descri.pti.ons$ INS-rITUTE Will conduct recruitment and determine eligibility of potential CETA referrine, thbso ,most t qu?li.fled to CITY roi, employment Interviews. C. CITY will In, *rvi.e�x applicants, using fcrams provided by INSTITUTE, and Nrtll ropor�t to INSTITUT ; on said forms the. reatxlt of each i:nterv�,ejr, inoludi ng effective date or hire or reasonO a for not Kirin, R; CITE will matrita;in CETA part iripants employed as of the effective date or this agreemen - r i.n. i,ts payroll. system. All a participants that, are mployed after the effective date oir tbl's asreeme t shall he viai,nta.i.ned in the 115TITUT41 s ,r ayroll system Howeveraii stir art'i.ciparzts Will be osteldex�ed emploYee'a of, t v � r r yy u !USTI CUTE stationed at the CITE' and ifi ll be subject to INS' TTUTE a s policies. INS`ZITUTE shall rxeimbuse CITY for any and all salary and ^ benefits accorded such participants. 1. CITY will, be responsible for supervizIon of CETA participants hired and for maintaining records of time worked in the wanner and as requi, ,,ed by INSTITUTE. SNSTITME will provide counseling assi.stanae and will be resp.)nsi.ble top placement of � participants into unsubsi.di.zed employment upon compl.etlon of CETA particlptt4on. Hold rarml w•ss a:nd Indemni ri,cati.on. Ik1STiTUTE hereby „ agrees to defend, indemnify and hold haruiless, CITY, its ofri.cer;s, agents and employees, Prom and against any and all l.iabi.li,ty, damages, costs � lose j, ol.ai ms and expenses`=, however -caused,, resulting directly or indirectly Prom or oonneeted with INSTITUTE's performance of this agreement (Including but not l.imlte'd to Such liability, east, damage, loss, claim, -or expense arlstnr� from the death or Injury to an agent or empl.ayee of INSTITUTE, subcontra.ctor,ti' or of CITY" 'or) damage to the property of INSTITTJTZ, subcontractor, or of CITY) x �ex'oept where such C.iabillty, daa ges, oos,' Losses, r'�« claims or ev6ise,!, are caused solely by tho rie JAgent or Wrongful, acts of CITY pf, any of Its aunts or, employees Includi.n,% nesl.igett omis,5jons o'r commissions of CITY, its agents or employees, 4n or�xn�tectio wi �`r the general supervi.slon or direction of the work t) be portprxed hereunder. CJca � :, 4 en sat i. n r xaazu"tt' shall comply, ti t h all l Of the Provisions o- Insuranoo and Safety Acts op tba, 4 ate �r oaurornia4 the applieOl" provisions of s i Division 4 and 5 of the California Labor Code and al.l amendments thereto; and all Sim --Thar State of Poderal acts or laws applicable; and shall. Indemnity, defend and hold harmless CITY from and against all claims, demands, pijments, suits, actions, proceedings and, * judgments of every nature and description, i:lle Qding attorneyrs feea and costs, presented, brought or vec aver ed agalnsf CITY, for or on account of any liability under any of sad acts which may be incurred by reason of any work to be performed by INSTXTUTE under this � a,greeNent . : . lnsu�i INSTITUTV agrees to furnish tc CITY 'Id maintain in force until ` the complf-lt i ors of this Act, a igeneral liability insurance policy in which CETY is 'named an an a.d.di.tional. insured. The policy shall. insure CITY its of"fioers and employees, while aotlxig, withn the scope of their duties, a <" nst all claims � E arisina out, of or 11n oonntecti.on with this Aot, The policy shall j Provide for not less than the foll.owinC aMounts: Combines si.nglo limit bodily Injury and/or property damage of 41 ,000,000 per Occurrence, Such Policy Of insoranoe shall. ,apecifitrtally provide that any other insurance carried by CITY wbioh ivay be applicable shall be ' deemed excess anti INSTITUTe to insurance primary despite any; conf'liotin Provisions i.n INSTITUTF"s policy to the contrary, Polities or � cer ifioate� 0:kl insurance shall at all times be on file with, the City Trelsurer. Ind,'ser d t t Ccntractozw lz i.s ,further understood and a,S,reod 'tfhvt I 'STITUTS is, and shall be,, acting at all, tithes au an i�ependa t contras or ereln and not: aa an em*Uyeeof CITY, IMIT TE`shall secure a Its expense ;and be re4porsibie for any n, 1 i i and all payment of income tax, social security, state ditsabil,ity insurance compensation, unemployment compensation and other payroll ` deductions for IXST.STUTE and its officers, agents and employees and all business licenses, if any, in coonectlon with the services h , to be performed hereunder« 8. Discilmi.nation. INSTITUTE agrees that in the performance of the terms of this agreement, it will not engage in, nor pgrrgi;t its agents to engage 'n, discrimination In employment i4'f persons because of race, rel.i.gious or eed, colon, national Iorigin, an —,try, physical handicap, widical condition, marital status, or spa x of ;Such persons, except as provided in Section 14PO of the California Labor Code. Violation of this provision' may result In the imposition of penalities referred to in Division 2, Part 7 Chapter l of the California Labor Code. Grievances. All CETA participants employed it programs who desire to grieve on any oniplcyment--related, iss utilize the Grieva:ice Procedure set forth in the Parti0,pant Personnel Pali i+es of the :fifSTITT3'TE and shall bo subject to limitations set forth, In sa.i.d policies, At, all times shall ma nt4ln such "proaedura4 ead policies wbipb are requ tr.e Department o,f Labor and are 000si.stent ant: compatible vii—, the procedures of the Oran `County Manpower Commission, In the event that grievanae directly or indirectly concerns CITY polloi s ox* practises,. t:he; TTY will: cooperate in providing any Information reasonably necessary .to na.bl.e the lOTITUTZ to determine such grievanee. Each GE' A parttloipant sball,be $,ntormed. 01 the grltevanao - 0 .� �.. procedure prior to acceptance into'a.ny program. Any decision of j "* the INSTITUTE may«"be appealod to the Orange C'oanty Mp;npower Commission. I©. 13eCQrdCCt?j3iT and RejaOrt Y#,, Participant: records, inclu,41,ng applications, el ie;i.bill�ty i.nfbrmitt,4.on, interview records and comrl-eats, and a conti.nuinE counseling will be maintained by INSTITUTE for all '•F'I`A pa.rti.aipar di: i Oose statiat.,xd at the CITY. All commendations, pvaluati.ons, and other comments made by the supervisor of a, partio pant stationed at CITY rr by other authorized individuals regarding su& participant must be provided to INSTITUTE by CITv. to ent;ure that such. comments become a ;part of the participant's -off'i.ci+al.s records. Participants will, be notified by IPdvTI:Tt,ITE . f any adverse statement included in: their respective files. Proper r6 cor4keeping ' by IN6.XTTGtxg and reporting by CITY arm understood by . wth parties, to be masidat try for the eojiduct o f the CETA proSra.m*` 1 1. INSTITUTE Re;> AL dls Y l STIT E, shall at all t imea comply, ,r;ith all requirementw OP tho C&TA Act, Departnie,!t of x,abor Ouidelai.nes and Regulation promulgated pursuant tl er,.,*too and the rules, practises vequiremerts of the 40,mmI ssion, VISTlMS shall supj} l t CITE' with J! copies of any and all audits reports, 4nd othar documents that, are ' i? ed with the Deaa*tatteXl XashCtZ' antP'i' the Com�`,li.Sion At tfle time they are filed. AS a 00.1tation preoedent to this a,gre mant±> XOSTI'TUT, shall file Alt], the CIT)r ;,opl s of its final,' determination, letter or ex,.mption from kneom taxes by the Inter al Revenue Servoo and Vrancitise ' a x Board and ma.i nta In tax t,xempt status , TNSTITUTf& shall maintain corks conta lnin,g tomp!ate ,And .accurate a Count,% Ot 4. tra.nU,41tloha i33 1 '1 ypr Fusaa Yk �u. 1lf �n 4 E 4 d t.+ of the INSTITUTE involving CBTA funds, which, boos and recoro- stall he Aept in the local office of thyWTTTUTF, and wb ch the CITY and .; Its agents shall at all times have access to, inspect, and copy. the Roard of Directors of the INSTITUTE shall bold eeti:ngs at east quarterly and promptly suDp-'y CITY with minutes of said meet i, 's. 12. Amendments., This agreement may oe amended or modified '.' r;iy by a writter. agreement dui y entered into by ,both parties. 1 a. Cancellat i.on� Thais agroementk shall, remal,n in effect i;-Ini the term hereinabove; provided, howevgr, that either party 'vrr effect cancellation of this agrep.mentG by %ort° il-Pesolntii.otx �-•," its o7overning body to become orrt±etIve not loss than ninety 1 ,�l lowing written noti.fIca.ti.on of oanoellation to the- other Pall `y . 14. Limitation. This a reom-Ant shall not become effective !rn i ess anu until an a reemerit is entered Into by, and betw-?�,oxt the .1N-'E.'^17.UTE and the Orange County Manpower Cornizsionauthorizing ti 1:SIWTE to providefETA services to I}MAingboxacb residents, ,- rnj the duration if this a,reoment shall in no event teed the duration of said agreement botWr4,an the X gTTTt7l and oommission. he CITY shall at t1mea dt ' this i �m n� re to in. a memi. er :, f the Orange County Ran older Commission and. noth,in In this, a r ement ahal,l be deemed to tt'dot Its, rirbts,doges', or under said agreement. jrl i : -4N ' } 1W ifs 5ti,: 15, $eve'_ . Should any pant, term, provision, or portion of this agreement be decided to be in conflict with any law of the State of California or otherwise unenforceable, the validity of the remaining rts, terms, provislons, or portions shall be deemed severable and shall: net be affected thereby,; prc! vlding such remaining portions or provisions can be constraed in substance t.o c:cnsti.tu.te the Agreement Into which the parties intended to enter in the ;first instanc, x, 16. AuthOrity. The Cit.v Administrator of the city or Huntington Beach iball have the auttiori.ty to sign agreements for personnel subcontracts, including agreements,for the use o2 09TA personnel by otber agencies, and other agreeMents reasonably necessary, to effectuate this A regiment, IN WiTxtsa VRZE EOFI, the parties hereto have caused this agreement to be executed- by and through their authorized officers r; the ;fay* motth and year first above written. zi - n a oar, t t, 1 !F CITY or, HV:It TINOTON DEATH ,r a Municipal corporation Mzycir f41 1 Ny� SJAFFCC S SAk ' AANCr COMPA14Y OF AMERICA G C&F ,l iv ^? + AIvCC COMPANY OF AMEAICA F o First' INSURANCE COMP;=,.i OF AMERICA HOME'S� a3,tROOKtYN AVE, N.i ,.SEAT74C,WASHtNGTc. Att35 bn HEAD OFNC K i CANA9A MiSSiSSAIJOA, ONI'ARIGI +Cmvcres,X�r,s prcr�ided fay�irtiucamppnydesrgttolen by rninol. rs si • tnsvronte 4oraprsi he+e.n Gt?ifAdrhe icampony' Certificate of Insurance ' T t,e o—poriv cernf ie5 that the insurance pal°ties indicated below Tire io effect on the clafe of this certificate r, Nome of Insured and Matter Andress fSlreei, Cif State or Province, ZIP Or Postal Cnclef = 4 9 k i'aitty Periacfi. WESTERN INST! TUM OF CAREEPS.* INC. P. 4. BOX I769 IRV`.NE, CALIFORNIA 9(2713 t ; 01 A, M Nash It -Standard Time, at the address of he xns,iwJ r 40, eoo oo!:r, the ivtowinq schedule iwhca,es the boa is type of instirpnce iTrevtded with the linut, of the irisur'v s €-ol1 .foty or maxt- omov^' payable for lass This certificate is only a statement of the existence of the policy cr policies of irnuronce herein referred to. and neither offirmati'Itely nor negatively amends, extends or adders the snverage afforded by -Iny Policy described herein. - Y o .....«.� Yy,y,�y t tiljy,trrtnr� �iCV4rr7?fd *,l rid I"r' i r r Y.7 �"i .'1 4t i7 i�ri�. qla I fn. t: rtk4'- ,iy 80dily Initiry�. , $. - S- _ S 3f�C ittRia.:.. .°0(0pmy Dortrrige 'S. V t CP 806I70 A t;;m r''t Cumtirne# 5 1,1}fa0 Oi3il s k Briddy intttry S $ € 11 t nu t e Propetty 00mage S ' C„ramlti+tett 4. NOrM 145IM40"44N of uRf.stfht rE k piCOrlNt fiX�Ntf'gN' ORCIxtR it DOO MHt Mrm PLvict tQ 7 LCNlIE1C1tf is t5W ti.' tim9fto �irq�l+,py�ititFixicestistcDoo, Ri'N1 tICa5.5ltUN, t7p ,f ►tt*56o 'a:CriFrnEGfS a t Vo,,h Ivtsufv, AT t .n,t lA•r,patry. DvtScii�tsa � � � s tnEuronce .pi,Nr,tintltf'»oFwt' s t Euttt*iis trtrrrut t,i t f f lactation ,i+'i^i'nsatrv+ C+�sr t�`rk ;itt + �w5 rt chi• +ef , wt lilt. toitrr�'aca.vrra +G tc-cev,on ,i ,sK covered, or description of rtutcatnctktrie or trinttuct t.overed or description wind to„ciltprauat oper tions or work covered r ; in it,e event of tiny material ciaan9c,n, or cants gtiarcctf, said FXC1tU teS, The undersigned 4iiri tt'y will endeavor to i ,Sri' slitt n notice, to the parry to whom this, cedifitote is IsSued,100% fotitk:nto dive sw t* nctlsre shall impose no o1bl,got on not li;:-�ihty gpcin, the compCny Cert,hc ate is issued to Nome oriel. Addros 7 22IIZ7Y ,C C r (iCary prtCr notice Of Cancellation io f certificate hoider bas been endorwd to r^olicy Na is,., CITY OF Ht1NTlfWON 8l%cii P. 0. lox Igo OP '80 170 � if On x' art t5ax A #Ewits of liability have been a torreosed only fat ope; abohs or worse clescr.l d obove, ii in ',,tofemen) air► wersa side: is Void, ' acted k A ji �� ri VMS 7- 5 a f- 11 rrr . ��; ;� ` „ + u. Mtn. ,` At�ltt a �„ '"FE. 4iA C Cl�t'4NY Of AMCAItA OW INSu NCE COMPAN`f aF JtMCAICA „t t �t At„ t/is4tflAtrCE'Cc�itPANY Gi" AkEHICtA, �.k�nttss.t,`:H:a.,....�..., .. ., .� ,..,....... ,��.�r•.n. )ii'i.;.;r� $!k+'}ntie�tRshh�f ,. _'t'E. tHtfjil�lvX� ?RIOR NOTICETO OTHERS OF CANCELLATION„r SAFECD " iitt38ltc9tSr�Cmem isaipp u iblo to all m5uromeaffordM by the Al k k dx'k 4l a, THIFaE E `r30y «r.�•«., « t',r:,i4` tul!polf+ t?" P. 0. Box 190 HUNTINGTON REACH,, C1tLIF0MIA,«92648. i t,:s tufri•,ENngErt t5 N1tt�:9i?k�X"+� d�";� x«.tT�il7ti�Y 4r �'l!.j 4=.11xN xia.�.':.C,Yi �s+,, 4 :�e1 e r. :E av De+aM+EA31N i�EhE"a�w.. .-.:O sw�.�'a.r•e,.k. kzr,,i+" COrM.ETE 9HE EOILC nrOq�+l hNY.: g1T1*CHEp ti}8i7LiQY YrtlI;N Pgki�'Y"F��35iSEix �/` � f ,. � teIYAAE WES �(� ♦ ST Try T �1, xiE prA +a,7x. ¢ fi ,MwnlU ANTI E�I��+�7T+F�+}tyGll IF,W { �l V IE�.- V a3E 4. P ¢ APP «...-,.. t EASr MFt¢ .A 'gyp t eEFc1 fU v 'Kf 'jt �E ,E ME ,„ .lr�...r t.'tpil C.,rt+e7X.�'.i�AS,u�vu +» w..r »•, } lw l Kit tTf Oxr A —VA O� #EPA.54 T viM x, �+ EtiK'.a�Fu�'Eye'.."•"«i7`i""V�r°""`"�+"'""«ee�i1M1L xsy�r,w,+w�E�� A wAm#fn ..�,a,a "` ' ,,,.««..,,�,,. 2ne r 1Icy "IS ,E�.xtE r� a t,�r.ErAa xakt#X e4iM1'A-41f !M �rEN'�Y '� •w+�+ "'"'E '" . rrl;r rtxt.,�,w.in MAkCE,rPAh #ka WFk3' A ! 1FWw... Qe..WAi.kar'�kYMM rkkMkh'1e�Mr WWI &..l� +•+..«-a r +a+J„ ,mn�*„�«w.. x, r�w ..war. ..r Qt « a ..rw- •': R4 _l4a a�+TAr ,tL«E-i6h�'ana gl04rto far v v,A il�''r4k�.a. ,_.,...,,..�,.,.. , ,.. .,. .i . «. �-aa ., . s... _ �tiaa:,:9atiLY����C�,^ts•7L�nin'x'wr........................_........ rl�`. ei_` ""ti. i t7rlwn wigNwt.nb` tfw.. a4P�*t 0f �. � §�'�. t 4r'iyiry�f �- iSipirsat+M tMvt. vrmah+pdgwzututs a: 4. C"-,Rlr.5FXATIi OF #NSf1fCANG stet aasur �r+.../"AHainsy,.fimts»4%49K7wk CxjaY G+KKw�#�%ti � QWd M C 4V Atzammw a i s+, C4iV' OFHU41TINOTCM SEACM, CALIFORNIA zen Head.. ( ffarr3s ttSBa$ A MUNICIPAL CQRPAR+TTIO" This .b to eer_ify that the pof ;ws of )nsszranes n daterfbed b*# _ fiwa bean isund to tfw fMwrW by tlia undv- :knad usd ase bs force at ThIv t1r.w. If tAass potiafas ara ww-e w or owngac# In suth a ofsorws Ow stiff affect 1141 cullficate, the )alumna cam unttnaton eg+vas to plya �0 rla�t 1Rrior +rrrsttttnh tfgtiea, by m.4i, za City of tjuert�gRon 1t+aaMr P. S}, Sax tfKf, H 80df Catlfomta 1124i8. 1 Name of)fztursd 11ESTERri {#t5T1TtiTt,Oi CAREEAS. iNL. d H a+r Addroaeofinswvd 2102 BUSINESS CENTER'DR., JAME, CA, 92715 Lo atbn of Work w 0sw o0omto b4 Ptrforowd HUNTINGTOM $FEACN, CA. Onscripxkns�#Yrwf4i., 4peraUorfq EMmolysi rMiNI!#G, w0ANCEMSTIN4 MO PLACEPIE4IT rOUC1ESINFOIZCE PdUcy ►itna$tFH tlValYftgf+'Ltt&#t#tY 9FPSMfYE : EXPRRAT;0M R WorkarsCoanpantizlan 7 # 268 6 1 �79 "1'�!k' Stavwy $300,000,00 Enwjvv�n' L1e�yiGty gxxxxxuxxxxux 9. Pabk#lab#fifyR $DDliY INJURY a PROPERTY OA#4AGE aod#ylojuyt P8Otr170 6.1119 6-1-60 C1}1181.f#1;D $1'000,090 EACH OCCUR S1,s000,000 AGGRECATE 14inu#xM0rsrf and Zomratton 1 E Eadt Pf non Camprt#zan'ara GarirtaF l; l golf FlaEidant flhdvdfl* prodU40 WmptOod op"Atlontl tsrupAazY �arswps 7<„�,� , : Ac�dm+t C, AuWrt*AI LfaA GW. 800I1.Y INJURY $ PROPERTY DWOE #+atwoM*ffarb>.1 ' P$46iv^t,79-1-8a C00801 0 $1,000,000 AMEOVt D4d�#y )nlefry $.._.�' ..�..;«S Ploaar jlru wy owner k S _ r, CPO A*dw 'i r•.,• ,.... .. r,. u, r.; rnw of �:" .-;K4 yf ilstributeon Original — Orr it ling Dept `RTIFICATE OF INSURANCE After A eLi vut Yellow._ RrckManager tine r. TO 67Y CI%Y Attorney Ptnk •- City Clerk Gold >, City Attorney ` 0 v ` CITY OF NUNTINGTCNi BEACH,CALIFOR01A i,.,�,rk1w,h CA forma 92W A MUNICIPAL CORPORATiON .. This is to certify that the policies of insurancit as described below I;ave been issued tJ the insured by the xdnder• ,one,! ,tnct are in force at this t! »e. if these policies are cancelled or changed in such a' manner that will affect this certificate, the nSnrdntr a0,11pany agrees to give 30 days prior written nvticer by mail, to City of Huntington': Beach, P. 0. Box'190, Huntington RrecM C.tlitprnca 92648 Name of Insured____._ WESTERN 1 NS�T Ti UTc` OF CARUU, INC. Address of Insured 2102 BUSINESS CENTER DR., I RV i NE, CA. 92715 Location of Work or Operations to be performtrd HUNTiNGTON BEACH, rA. Description of Work or Operations EMPLOYMENT TRAINING, GUIDANCE,TES3IN13 AND PLACEMENT POLICIES cN FORCE 4B POLICY QATF L.MITS OF LIABILiTY EFFECTv4E EXPIRATION A. Workers Compensation WC271468 6-1`79 6-1-80 e,` Statutory '$300,000.00 Emolovers Liability twhero a�#thcable) gxxxxxxxx%xxxxx .Public _•_„�,,___Tw._..._. u,,,�.,�...,,.._... _._• ��-, :r-... �^fit.--ram � B Lobihiy BODIt4Y INJURY E PROPERTY DAMAGE COMBfNED $,,000,000 Et CH OCCUR Bodily Injury. CP806170 6-1-79 6-1-80 $1000,000 AGGREGATit Manufacturers and Contractors $ Each Person Comprehensive General Kai $ [ach Accident (including products completed Dperationsi Property Damage u� * Each Accident C. Automobna Liability. BODILY ,INJURY G PROPERTY" DAMAGE [where apiat,cablel CP806170 6-1-79 6-1-90 COMBINED $1 000, 000 AGGREGATE Bodily Inliry S_,,,,,_, * Each Penon Each Accident Property Damage $ Each Accident t t Does policy corer: Iplease cheoir at fJact one) All owned automobiles i'X 1 Yes ( } No Non-owied automobiles v I Yes I No Hired automobiles n I Yes 1 No At ,east one box must be enecked YES If automobile insunatico applies,' D Additional Inw-ed Endorsement: The insurer agrees that the 0ty of Huntington Beach and its City Counc:I, and/or. all City Council appoilitad grouper, committees, commissions, boards and any other sty Council appointed body, and/or elective and appointive.' Officers, servants or empio•fees of the City of Huntington Beachr w1hen acting:as such'are, additional I redx hei`auttder, for the acts of the insured, and such insurance! shall' be ritnary to ti5j! insurance of the City of 'Huntin a Bttacl1. Or E Hold Harmless Agreement: By Insured: I slurs The insured agrees to protect, defend, indemnify and says harmless the City of H .Eton Bench against loss, damage or expense by reason of any suits, claims, demands, judgmenttand causes Of action caused by insured, his employees, agents' or any subcontractor or by :any third party 'arising but of or in consa luenco of the performance of ai! or any operaulons; covered by the certificate of insurance. Remarks This condiwte is not an thsWarn'e "lloV arA does not F ameaut extend or sitar the 40vto,"n4400td9dby the polfay, APPROVED, AS TO FORM, GAIL MUTTON — ----- —^^~� City Attorney or"a . �. _. ..css_ a.,..:..xz. ^-�-ynt~..:» ..,.x.. ':•F=-.Yc'=n::-•-..-. ,1 Date JUNE 20, 197,E �� AUTHORIZED REPR S NTATP E OF INSURANCE COMPANY ,NSURANCE COMPANY rtt ERV I CEs Name GENERAL INSURANCE COi�PANY ply 'N ;`at ��utt rlxf Represerttattvef{spent A41dress i7570 BROOKHURST $T. Addrei B RUT HUNT'INGTON $E:RCH, CA. 92648 F 1; 6 City FOUNTAIN -VALLEY, CA. 7giaphori;f "609. (ITY ATTORNEY - t �ifi w,«•��.;� xaoolHAINSTREET f r4rRtt cP�� HUNTINGTON BEACH CALIFORNIA 92648 ram. GAIL HUTTON TELEPHONE City Attorney February 14, 100 �It4j S365G45 Y 4 F+ ^Is. Al Van Fleet, President A x� Western Institute of Careers Inc. 2,102 Business Center Drive, Suite 170 Irvine, California 9271 . Re : A r", ment for Administration t. Dear 114s. Van Fl»'eet " Enclosed please find a copy or the ninety (90) day Notice of Cancellation of the above agreement By formal resolution, of Febmary 12, 1.080, the Clty Council exercised its right to canool t agreement, effective Ninety days themafter. A copy of this notice has also been, personally ser red today on the corporation by service ' on fty How, Director. `fiery truly yourG, G A I L H U"FTON City Attorney By ROBERT 0. SAFER Deputy City Attorney {{��/Y [1 RCS • 1m i 3 � Attachment 4Gc1mnt ak ek RCA 79-19 aku. VC1 Y 19EQUE.ST FOR CITY COUNCIL ACTION Submitted by F C6yd G. Belsito 'Department Administration J� Date Prepared April 30 1579 Backup Material Attached Yes Q Na, Subject ADMINISTRATIVE SEPARATION OF THE CITE OF'HUNTINGTON BEACH AND THE HUNTINGTON BEACH EMPTAYW;NT AND TRAINING ADMINISTRATION a' City Administrator's Comments .yr Ti Approve as recommended. 192 Statem-nt of Issua, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMF*:T OF ISSUE: Recent changes in Comprehensive Employment and Training Art '(CETA) programs mandated try the t'.S. congress and Department oxf Labor must be Implemented as soon or. Possible. These changes have greatly complicated the role of public a 4enties in operating CBTA programso to the advantage o2 the private sector. RECOMMENDATIONS 1. Approve the establishment of the Huntington Beach Ei-oployment and Training Admirti.strot ion, as a private, non-profit, 'tax-exempt corporati0a; 2. Delegate responsibility for CETA'programs in, Huntington Beach buck to the Or;Ange County Manpower Commission, withthe stipulation that all suCh monies be authorized annually by the City; of Huntington 0"ch to the nejwly-established corporation for GETA programs aaasinistra,tictt and :opexrations directed to Huntington .Beach residents. 'Q k Analysis �; The CETA Amendments enacted 'by, F ongrens in bcteoer 1978 maoda,`te ntdJor changes iti CST, S objectives and operattonS, The; past emphasis .on 'r-ubl.ia Service Employment (PSE) has -been reduced, both in total funding '("ee CHART A' belo4) axid espocially due ;n new regultatKians controlling use of such funding. At the some titre- the trend toward Lessee- City i:nvolvdment in the remaining PO program 4i.11 continue (see GiiARI 1i below) due 'to more str ngettt' tacotn limitations anti training rep irtraeitts izhicil cannot~ feasibly be tulfll.led by the City`,, 01 PPO W9 U in CFTA, although the concept of local control will be -mal tained- through the City rr`presentatiGo on the Orange County ,Manpower ConuaUsion and the City Administrator's; d.rect linkage to the new corporation's chief atlttial(strative officer, wc. 1 he positive results c F this arrangement will be many, "TA participants will, benefit �* from the increased efficiency of programs which t.*e advantage of privata sector training capabilities and whicki.have greater a&duistrativ'e flexibility. The City ` will benefit by removing itre.lf eompl atLw ly from day-to-Iay involvement with CFTA programs, thus limiting its liability it relation to CtTA staff, participants, and operations. Also, the present complications and it,:efir ciettcy which accompany the attempt to integrate the differing accottrteing requ retnents of the City ,and its CfTA programs will he eliminated. Tho crew corporatlon wi,l.l establish independent account4ug Systems, position bonds, liability and workprla compensationInsurance, and, persons' el Systems as required ant directly monitored by the Orange County elatzpower Commission through the corporation's chief administrative officer, who will be designated the Manpower Planner for Huntington Beach, In this way, the City -Will be relieved of the a"fi primary responsibility for theca matters, while the corporation will, benefit froth Its l'i reased ability to &Nal directly with the privaLa sector In Implementing programs,' r FUNDING SOURCE: The funding sou,ca will remain the 1-_S, Dep4rtmetlt: of Labor, through the Orange County Manpower Commission. The recommended as;tihn will have no effect on the amount of funding available for CETA programs its Ronti.tigtoo Beach, except as increased operational cif f is f ency aI lox-s for increased. fitndIng, ALTE-VAT1VF ACTIONS: 1, Revise the reeommendations .included herestith attd opprove,, 2. Devise an a. ternative response. to the issues ralsedi 1. Do w-t change the present M`M Sep ,ce'Delivere Systems 1,0,.'lam Yam, CHART A CHART 3 Proportion of Total CETA Proportion of TO"tl PSE pry..:.,. Funds Allocated to PSE Participants it City Jobs 90% 90x:,w h 80, 80Y C Y lox I soz 50% s..` t 0 % FY75 F'Y76 V77 rY78 .VY7 VY75 M6 VY77 -,Y78 FY79* *Projected Both of these changes are the result of Congressional intent to i:terease'the role of the private sector in CETA. This intent Stems from the pro4ected. continuation of the private lector's economic recovery and racn. it espr ad eXposure by the oegs medial of abuses which have occurred in some PSE progrsans. Also, tho need for increased cas-effeetivoness t,ceetnr mandates that existent tra4rAn aodt employments c�tprabilities � the pti �raata be utilized as much as prooti- 1?14, With the imposition o dddi.tiooal. re }lo mtG�ttG aaxd' "tiX shifting of funds from la$ to the private sector the Nty must respond to guarante the crntinued provision, o nmploymeot sorvices to i.ts residents, This re"Onsa vil.l, be the authorization of a'pivais, moat*.profit, tax - exempt corporation try atdixtisLer and operate CETA programs in 11UOti1ftgtoA, teach Vithirt tpa guidelines presc;,?ibed an enforced by the Orange CoUnty Rdop+ Ver oc#t ssion This corporation vill be established to replace the present iut t3vgtaon Oe4oh E.opl rym,*nt And T,riilnjog .�t� ttistt~`ttt3�+t`t ra accordance with the .ot,tno e4 #wutnr'tt#tdt i, in carrier to t#�e positive ,odvaant4ge of the opportunities availobl,e for a)apaoded Orlvata s; ,tor MT4A partlizipatiou" The resultant aystem for the 4 of �TA ;as till reduce the ci.ty's involvomw Tu; Floyd L. Belsito ER£lM. Ad llooCLTA Committee City Admini.stritor ",t BJECT; CETA Service Delivery D=, March 23, 1979 System Recommeodratiotss " i, The Ad floc CETA Committeo, formed at your request to ,steady the options available to the City of Huntington bench for continuing the delivery of CETA services to City residents, submits the following recommendet4ons for your consideration. V, f The Ad Hoc CETA Committee proposes that CETA services in Huntington Beach A ' be provided in the follot,*ing manner: l . 7he> Huntington reach Employment and Training Administration Vill be incurporat�_d as a private, bon -profit, tax-exempt orgaroizatioaa under the leadership of a five. -member Board of Directors, to be composed r r primarily of private -sector business and professional peoples and administered by Bob Cunningham, the present Employment and Training Administration Director. The non-profit; corpora4ion %,,III also establish an Advisory Council, with memberships representative of a genezal cross- sertion of the community to Which services are being delivered. The Advisory Council will, meet at least semi—annually. 2. Responsibitity for distribution aratti wonitoring, of Ct"1`A monies ral,iocaaa,ed to the City of Huntington Zeaath by the Cra". o County Manpower C:ommis*ioaz will be delegate:' back to the Commission by the City, wlth the stiplla- t ion that all surlt monies be provided to the tlutatington Beach Uploytftent ant' Training Admini,�ttation lea order that C�`XA. programs deemed necessary by the corporation be maiaat i*teti and dovel.opea � This -arrangement will be reviewed by the City as part of Its annuil review of the CXTA Joint Powers Agreement, and may be terminated or revi,a;ed at such time Fry vote of the City Council.. 3. The Huntington Beach Uployment and Tra$ting Administration will have the authority to contract s th and monUoak hubgrxitaos as well as to directly operate CETA programs In, Huntington Beach, 44thi,n t3te guldellnes ptrese'ribod' and enforced by the Orange Counter lfat�power Com lsbion. Ag the contractor i or CETA programs in Oontio ton bea coot the ifataatingto beach rmprloymont and Training Admini,sttrati,tari will be resgonsl�le for all program operations; liaison with the Cityxa and the Comakission'$ administrative structures* and compliance "tla all $Ie4eral mandtatea . 4. For the purpose of maintaining v,l of linkages witty the City I sitteainistrat:i,vo staff and easuri:taj, appr'Opr Ia to f*i t y ianvolveme at la k3ia prograatstia'' to tie ; operated, the thief tadmixais txtative Officer of than hart#xagton 33enell Employment and 'roman Adm;ini:strat,ioaa will be dosi,gnatad, "Admini,straator for CETA" of the Clay of liupixta$tdia Beach. r: A: T('): Floyd G. Be]. --,Ito *larch 43, 1979 x "rage Two 5. For the purpose of maintaining such linkages between the City and the orange County Manpower Commission, the chief administrative officer of the corporation will remain the CETA Planner mar the Huntington Beach area. However, the chief a miuistrative officer and: all staff of the ,luntington Beach Employment' and Training ActmLaistration will receive " remuneration from and be subject to the policies of the corporation. 6, official City action, on this matter--i.e., approval to implement the recommendations as herein presented, approval to impletexit with certain revisions, or disapproval --should be forthcoming by ,April 16, 1979. This will allow for the necessary transition period and leave sufficient time during this fiscal. year to begin operating the several new training programs required by the CE A Amendments of 1978. Attached to this metro is a simple flow chart illus'traU-3 the proposed relationship between the City of Huntington Beach, the Orange County Manpower Commission, and the Huntington. -teach employment: and Training Administration. t,'ith .an awareness of the: changing nature of both CETA and the Ciltyts employ- ment and training capabili'ttias,it is our considered opinion that the above recommendations offer the best possible solution to tbe-issaaes, W1,11ch trust be resolved. Thank you for your consi.derat~ on. Sincerely, AD HOC CUTA CQW,11TTEZ tRichard Barnard t un ng}td Administrative Assistant "6irector 1?xuctxtive Director City of Huntington Beach 'tmployment and Training Crc•,n", County Manpowe., Adminir tr'atiotx ottami sittti t Attachments h REQUEST FOR CITY COUNCIL ACTION Submitted by Floyd G. Belsito Department Administration Date Prepared September 20 , 19 79 Backup Material Attached El Yes No Subject Administrative Agreement Between City and Western Institute of Careers, 'Inc. City Administrator's Comments = l}kxO YED ITICI L Approve as recommended -BY CITY COU�• CITY CLERK i Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: -, Statement of Issue Having designated the Western Institute of Careers, Inc. the prime service provider for CETA programs in Huntington Beach, the. Council is nov requested to , take action, regarding the establishment of a contractual relationship between the City and the institute. Recotmnendations 1. That the City Council authorize the to execute the attached Admin— istrative Agreement between the City of''Huntington Beach and the Western Institute of Careers, Inc.; and 2. That the City Council authorize the City Administrator to execute such other operational agreements as are appropriate to fully irnple=nt the agttached Administrative Agreement. Analysis I At its regular meeting on August 6, 1979, the Council designated the Western Institute Of Careers, Inc. as the primary provider of CETA services in Huntington Beach, s9.mul.ta neousl/ reverting its administrative responsibilities for CETA to the Grange County j Manpower Commission. It is therefore necessary that the City, and the Institute establi,ah a contractual basis for cooperation in, CETA,prograti administration. Vie attached Agreement provides for such cq:.peratioa by defirtftt the overall relationship between :the two parties and by detailing administrative safeguards and procedures applicable to CETA operations in the City, While this Agreement: establishes the overall, administrative framework, prior CZTA experience indicates that the number of positions utilized by the City may vary from time to time dependent on, departmental ;taeds end CETA, allocations ,from, the U.S, gnpartment of Labor. the City `gill. be 'best able to 'respond .to these changes through the exe,tntiOn of specific operational agreements by the City Ad%fnistwrator., Any such agreement would identify the particular positionto be filled and the procedures to be implemented. within the limitations cootaliula in. the ottatbed Admi istrative Agreement. Fla 3170 rvk(Ri { REQUEST FOR CITY COUNCIL 'ACTION � Submitted by Floyd G. Belsito Department Administration >: Date Prepared _ July 26 _r , 1079 Backup Material Attached Q Yes No O Subject Designation of the "Western Institute of Careers, Inc." as tkle Huntington Beach CETA Prime Eligible hga cy � City Administratar', Comments �d "a " F h�� by �r + ♦ +p � µt..4�. . i2' j, +.! ��:, �✓.) J'�C �:� Ir�biA.ts 5 "a . ; . Approve as recommenced. ----- r yw~- CITY cL Statement of Issue, Recomr:npndation, Analysis, Funding Source, Alternative Actions; STATEMENT OF ISSUE: Tlie City Council previously approved in concept the, reversion of Huntirgton Beach CtTA funds to the Orange !'ounty Manpower Commission for allocation to a private, non-profit, tart -exempt corporation to be est,.blished in platy of the Employment and Training Administration of Huntington Beach. The COUXIC41 is now being requested to designate the particular corporation to which these funds are to be allocated and the effective dares of such allocation. RECOMMENDATIONS: 1. Return Huntington Beach CETA funds to tbe, Orange County 'Kanpower Commission. Designate the "kestern Institute of Careers Inc." the Prime Eligible; agency for CETA programs directed to Huntington Beach residents, thareby 'conferring on theiorporation' the responsibility for Manpower Plannin,g.for the City of Huntington Beach through September 30, 1980, effective upon the formal inauguration of the corporation. 3. Direct the City Administrator to so inform the Orange County ManpowerCo'mmisslop ,iTI writing. ANALYSIS: As detailed in the attached RCA dated 'April s30, 1979, :hanges In CETA law during, the past year have provided the impetus for a major increase in ;job training and private sector involvement in CETA operations. Recognizing bot' tba- benefits inherent kn utilizing private sector capabilities andthe liabilities involved in direct; operation of PETA programs by the City, the Council decided 'that it would ire Advisable to return b4ntingtbn Beach CETA funds to the Orange County Manpower Commission And authorize the Commityrsion to 'allocate 1 such funds to the primate non. -profit corporation designated by the pity' to plan: and manage Huntington Beach CETA setrvices With the City Council's approv,1 .1, .planni.ng for til0- ei9ta'blisftuoo of vkiC4 s gorporai.tlott proceeded, .involvin,; the Orange Couxi:ty° XATIpowet~ ComI.ssion, tha fa.s.,, Department o9'f 'Labor, the City Admin:istraeor's office, aM t11e ti4gl,oytaa,nfG clod 'TkAi.litnf; Add# icti,stration of Huntington Beach. The result of this planting IA 01a ei tab%iCshtnent; of tote "Wolo tn, P10 Ulf) BEQUEST FOR CITY COUNCIL AV-KON Administration �a'rk.... Page 2. 54 '. Institute of Careers, Inc.", a.private, non-profit, tax. -exempt, Orange County corporation under the leadership of a five -member Board of Directors and administered by Bob Cunningham, present Employment and Training Administration Director (see attached9' Articles of Incorporation, Bylaws, and Board of Directors). The "Western Institute of Careers, Inc." was created with the intent of effecting a smooth transfer of responsibility from the Employment and Tra.,ning Administration of the City, in keeping with the City Council's previous action. The Council's designation of the Western Institute of Careers as the Huntington Beach CETA { Prime Eligible will give to the corporation` the responsibility for planning and management.' of CETA funds and programs for City residents. This will remove the City from direct liability for such CETA programs, although it will have no effect on the .City's;joinC .•`*,' and ;several liability (with the County and three other cities) as a signatory to the'"`.c�'; 'ETA Joint Powers Agreement. Upon approval by the City Council of the above recommendations a letter communicating said approval should be sent to the Orange'C6unty Manpower Commission (see draft of letter �^ att-ched hereto). Thereafter, the attached Agreement between the Orange County Manpower Coo _:;ion and the Western Institute of Careers will be submitted to the Manpower Commissioners for approval. The execution of this :Agreement will authorize the corporation to begin operations as the official, Prime Eligible agency for fluntington Beach, thereby replacing the Employment and Training Administration. Continued cooperation between the City and the corporation in CETA operations -will 'be ensured through administrative agreements detailing the specific procedures to be implemented for this purpose. Fl NDINC SOURCE: U.S. Department of Labor, Orange County Manpowar'Commission--no change. A`TERNATIVE ACTIONS: 1. Revise the above recommerdations and approve= 2. Devise an alternative reap*ose to the issues raised,. 3. Maintain unchanged the existent CETA Service Delivery System. i 'I i / F 1 I- E L,. i '. " (Ft IIYKF i'XC+; 01 tho $ew-lnrY of +Sipia ARTICI,ES OF INCORPORATION 1 '. MAR P.IyCn7Mnrnto T, 1n OF tARW x00G -E14 seventy c( StateBy 1 BILL HOWEN WTSTERN INSTITUTEOF CAREERS, INC. k Deputy f• 14" FIRST: The name of this corporation shall. be: �KESTtRN INSTITUTE OF CAREERS, INC. SECOND: The speciElo and primary purposes' for whidh this corporation is formed are to provide training and employment t„+ opportunities for the economically disadvantaged, unemployed, or underemployed persons, to assure that the training and other services lead to maximum employment opportunities, and such other related functions as may be determined by the Bald of Directors from time to time. The general pqri oses for which the Oorpora;tion'is formed are to operate excl,us;ivoly for charitable, educational and scientific purposes, including the doing of any and all acts and thi:--is that a non-profit oorporatjon is empoawexUd to, do, which may be necessary, convenient, or desi.rea le in the admini.,stratlQn of the affairs and for the' full attainment of the general, purposes o.f #-his corporation, prt>vid;ed %hat. all such acts and uhings shall. in themselves be in furthe ance'of the purposes specified in <this Article SECOND. Tf�IRc�: ta3 c? part of` the ,net ears inns, income, gains, profits, funds ox property of this corporation ib whatsoove,r manner i acquired by it, shall at A' py time,, x c Udj)ftt� but not limited to.. the time of the di.s"lut on of this r-o porati.on r inure .car be distr. - buted for the beneli,t O "Y private person or, individual, or any r member or director of this corporation, but the s4:,te shall be devoted aY solely to the purposes for Which this corporation is formed as the same are hereinabove declared and set forth.' (b) No substantial part of the activities of this. corporation is or shall be carrying on propaganda, or otherwise attempt- ing to influence legislation, and it does not, nor shall it, participate' r in, or intervene in (including the publishing or distributing ofT" statements), any political campaign on behalf of any candidate for pu, is office. o FO--URTH: This corporation is orga-nixed pursuant to the General; --- � - Nuv Non -Profit Corporation Law of the 'State of California. FIFTH: The County in this state where the principal office for the transaction of business (:xf the corporation is to be located :is the County of orange. SIXTH: (a) The powers of this corporation shall be exercised, its properties controlled, and its affa;. s conducted by a Board to be known as the $oard of Directors. The number of directors of this corporation shall be five (5) . (b) The names and addresses of the parsons who { aie appointed to act in the capacity of directory until. the election f of their successors are, " `a NAME ADDRESS' ARLENE GRRRI N 3101 1ilshire Blvd. , '4700 Los Angeles, Calif. 90016 WILMFI1 PINDER 3701 11i shire tiv.d. , 9700 Los Angeles, Calif. 90010 k JUDY BARBOZR 3701 Wilshire Blvd:, 000 'os Angele , Calif R 9001.0 ` NAME ADDRESS MICHEL.LE LEPORE 3701 Wilshire Blvd., #700 Los Angeles,'Calif. 90010 �yw_y HEIDE BRITTO 3701 Wilshire Blvd. , 9700 Los Angeles, Calif. 90010 (c) The nimbe.r of directors may be changed by ` amending these Articles of Incorporation of this corporation, or by amendment of the By-laws of this corporation, adopted by tre vote or written assent of the membdrs of the corporation entitled to ' exercise a majority'of two-thirds (2/3)'of the voting powers. SEVENTH: The authorized number and qualifications of merV�ers of this corporation, the different classes of membership, if any, and the property, voting, and 'other rights and privileges of the members shall be as set forth in khe By-laws of this corporation. EIGHTH: T:is corporation shall exist perpetually. i N I NTH : The Board of Directors shall, hire. a 'person as the Executive Director of this corporation, and the Executive Director shall be responsible to the Board of Directors for theday to day oper-3tion of this corporation and the implementation of the policies of the Board of Directors. TENTH: No director, officer or member of'this`corporation shall be subject to assessment by the corporation except for such dues as shall be provided for in by --laws, nog' shall 'any su�jh director, officer or member of this, corporation be personally liable for any of the debts, liabilities or obligations of the corpora.tiOn; nor shall personal liability In an! evont attach to.any member of this corporation in oonneoti,on with any of itzs w dertaltings all of, than a nominal fee for attendance at meetings of tine Board of birectt,rs, � � but any director may be employed by the corporation in a capacity or capacities other than as director and be compensated by the. corpora- � tion for such services. TWELFTH : The property df this coxpovation is irrevocably ded- icated to charitable purposes and no part of the not income or assets' ,z of this organiza'cion shall ever inures to the benefit of any director, officer or member thereof or to the benefit of any private persons. }M t;por, the dissolution or winding txp of the corporation its assets retraining after payment, or provision for payment of all debts and -liabilities of this corporation, shall, be distributed to a nonprofit, fund, Foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status ut:cier Section 501 (o) of the Internal Revonue Code. THIRTEENTH: The Articles of, ITncorporation ma,y not be amended a without a two-thirds (2/3) Vote or assent of the fill, board of Directors. S-N WITNESS WHE OF, for the pu posas of farming this corporation under the laws of the State of we, the 'mdersirgnorl, c,)nstituting the incorporators and incluLding all, of the pOrsofts names herein as the first d rooters, 'have. OXeOiuted these pxtiol.es of incorporation on this 28th day of P bipary, 1979. SECIVION 1. Name and Object A. Name - The name of the: corporatia'n shall be WESTER11 INSTITUTE OF CAREERS, INC. B. Objects - The objects of the corporation shall be those° sat forth in its Articles of Incorporation. SUCTION 2. Administration z'*' The affairs of this corporation shall be administered by a Board of Directors consisting of five (5) members, who shall be elected by the regular members of this corporation', with such i glitilifications as shall, be detormined from time to time by the roy.11ar :members, and each r_lember of said board shall be a regular member of this corporation. There may also be such, additional Boards of Committees as shall be determined from time to time, consisting of those persons who may be selected therefor,, and invited to become members thereof by the Board of Directors. Sf.CTIOM 3. Officers Its officers shall consist of a President, one .or more Vice - Presidents, a Secretary,f e Treasurer,, and such additional officers � who shall be appointed or elected "by the Board of Directors. j 1 Sr.CTIC"a i . President The President shall preside over' PAll meetings 'of tk e" Board Of � n i rector;, . He shall also have such ether powe.vs. and perform such cthpr duties as may lea ra uikad to hiz, itoi,4 time to t�mer by the Ads F3oard of Directors. Be may also appoint such Comm•.= or Committees as he may be authorized to appoint by the Board of Directors, from tine to time, and define the duties of such committees. He shall be elected from, and be member of, the Board of- SECTION 5. Executive Director` The Executive Director shall have full power in the management and affairs of the corporation; he shall set and establish all policy of the corporation and/or other functions or activities by or under the director of this corporation, subject to the approval of the Board of Directors; he shall have charge and control of all employees and premises of the corporation; he shall direct all affairs of the corporation and .in g-neral have full and active charge of the business and affairs thereof; he shall have such other powers and duties as shall franc time to time be determined by the Board. of Directors. SECTION 6. vice -Presidents The vice -Presidents shall., in the order of thier seniority `in the absence of the president, perform- all of the duties and have all; a the po,.•ers of the President. They shall also have such other powers and perform such other dutiesas shall be assigned to them by the di.roctors. Each Vice -President shall be elected from and be a member o. the Board of Directcr!s.' SEC'TiON 7. SecXe`ta and Assistant Secretaries, r, A. secretary The Sedre' ry shall ')teep a reb*rd 'of the proceedings s 4 x ry f. 3 qy of the Board of Directors and of the members and directors. He shall: keep the corporate seal and book of blank membership certificates; fill out and countersign all certificates issued and make proper �W1V `.,tries in the books of the corporation.. He shall keep a propertransfer t r.)ok and ledger'in debit and credit form showing the'number'of certif- icates issued and transferred .and datesof same. He shall serve all notives required by law or tha By -Laws of the corporation and in case of his absenco, refusal or inability to act, his duties may be performed by any person whom the Board of Directors may direct. The Secretary need not be a member of the Board of Directors. B. Assistant Secretaries - There may be one or more Assistant � Secretaries appointed by the `Board of Directors. They shall, in the -01der of thei - seniority, in the absence of the Secretary, perform all of the duties and exercise all the powers of -the Secretary, They shall also hav esuch other powers and perform such 'other duties as may be assigned to t`-em by the Beard of Directors. Any ;Assistant Secretary r need not be a member of the Board of Directors. SECT10N 8. Treasurer and Assistant Treasurers A. Treasurer - The treasurer shall be elected by the Board of 4 Directors, and may hold other offices in the corporation. His duties shall be such as are imply ed by the name. He shall, furnish, prepare and keep a full set of books of account,` showing every detail of the business and the corporation's accounts, and all receipts and dis- bursements of every name and nature, the amount ofcash on hand, and thv amount of money o"e4 by e ,corporat,ion or owing to it and such 1 'ry other _ formation as may be, in the judgment of said Tread'"Ler, pertinent, or such as may be required by the Board of Directors. B. Assistant Treasurers- The Assistant Treasurers, in the order of their seniority, shall have all, the powers and duties of the Treasurer in the absence or disability of the Treasurer. They shall have such other powers and duties as may be assigned or delegated y , _ �- from time to time by the+Board of Directors. SECTION 9. Powers of Directors A. General Powers of Directors The Board of birectors shall " have the management of the business of the corporation, and subject to the restrictions imposed by law, by the Articles of Incorporation -()r by these By -Laws, may exercise all of the powers of the corporation. B. Specific Powers of Directors - Without prejudice to such general powers, it is hereby expressly declared that the directors � shall have the following powers, to wit:' 1 . To � doptr and alter a common s/,al of the corporation. 2. To make and change regulations not inconsistent with these By -Laws, for the management of khe corporation's business and affairs. 3. To appoint and vemove, at pleasure, all officers, agents and employees of the corporatwion, prescribe and assign or delegate their dutie.; fix the compensation and roquire from them security for faithful.service, if they so deem necasya=y, and in their d�scretiona from 'time to t men to. devolve the ataers and du,.ie:s of any ot<fi.cer, upon any other person, lot the time betiog, n 4. To appoint and remove or suspend such subordinate< s"yY determine tbei,r duties and fig, and srom time to time change, their salaries or remuneration. 5. To pay for any property porchased by the corporation, F either wholly or partly in money, bands., debentures or other securities of the corporation. To borrow money and to make and issue notes, bonds and; other negotiable- and transferable instruments, mortgages, deeds of trust., gust agxeeMe-nts analto do every act and thing necessary r..e to effectuate the same. 7. To designate ,from time to time, the time and place of its meetings Qr Ito authorize *the President so= to do. To appoint such committee or committees on any subject within the powers of the corporation's Article$ of IncorpCrat on and to define the powers and duties of such <covall ttee, » To select and designate such bank or trust company as they may deem.advisable, as official depositary of the funds of . the corporation arid, to prescribe and order the manner'in which soon ,deposits shal.,l be made and/or withdrawn C., Compensation of Directors - Directors shaXl*nott .receive any stateds81Tary for their servi.c6 as -d.ireetors, but ;by resolution of tho noitrd,, a f i,x04 fce arI4 expowaes or at r—nd�lrlce 'mttyr 1)e o 17 owo(I ' fox at ,~lath zlce at each Meeting- Rpthinq heroin contained shall be cons, trued to preclude .any ` direct o-V f'rottt servibt< the Corporation in suy dthor capagity and recoivinq 0001pensati.on tbev .�Or: i G v t v* *, Y Y A SEcT:ON 10. Committees * A. The Board of Directors may, by resolut, or resolutions, '.. passed by a majority of the whole board, or trn� Executive. Vice - President, upon authority conferred upon him by the Board of Directors, designate and appoint such committee or committees on any subject within the powers of the corporation; such committee or committees .to have x*� such powers to exercise such duties or to perform such services as nav be prescribed, from time to time, by the `Board. of Directors and/or �r^; t} e E:x e-cutive vice -President, upon authority conferred upon him by the Board of Directors. Such committee or committees shall have such nar.,e or names as may be stated in these By-"iws, or as may be daterm,ihed , frcm time to time, by resolution adoptedby the Board o£ Directors. B. Each committee shall keep regular minutes of their proceedings in,i report the same to the board when required. SFCTION 11. PSembersjj p3 S A. Memberships in this corporation shall consist* of regular members and such other associate, honorary, sustaining or other rnembers as may fr•Dm t'-e to time be provided by the Board of Directors when, made a part of these By -Laws. SF.e.TION 12. Annual Meeting of Members A. There shall be an annual meeting of the regular members or + * County � this corFaration, to be held in the: City of C�ranc��, ,C�, n y of Orange, State of. California,,on the aid Wadnesaay, o Xarch in, each y,-ar at 6:00 P.M. Re raaum�"�®® {r. 1 • t i r 3 B. Special meetings of the regular members of this' corporation may be called by the President or any three (3) directors,,from time �4u to time, and shall be held at such place as the Board of Directors may, From time to time, determine or may be called by any d,i,rector of this corporation for the purpose of electing members of the Board' of Directors, in the event, for any reason, vacancies ,snail occur in the board reducing the number thereof to lens than a quorum. 'y' kr "t➢ f{. 'w SECTION 13. Termination of'Membershl � ± A. '.ry member, regular or otherwise, may terminate his membership l at any time upon delivery to the Secretary of this corporation-' effective date of such resignation. B. The corporation, at its option,'tray terminate any membership of whatever class, except that of ;regular; for any infraction of the Dy-Laws, rules and/or regulations of 'this co por&tion or for othox good and valid reason, as the .Board of Directors of this MorporatiOn shall. determine. C. All membership, of whatever cl,ast,'shall, be for the Life of � such member or until otherwise terminated.. ,r- SECTION 14. Liabi.litir of Members no member of this corporation, either, re�rul.ar or otherwise; shall be personally or otherwise izatia for any of the ,debts, liabilities anti/or obligations of this corporation. SLCTION 15. Dona�S This corporation, may, acodpt gjlts, 3>e a�iea, doriatiaw+ a ands � Contributions and in on,y amount and any form, from time to time t upon such tormo And., t0nditjot s as tlay be 'deci'oed from timo to time L by the Board of Directors. t. . SECTION 16, Miscellaneous Provisions A. Corporate Seal The corporate seal of the :orporati.on shall; be in such form as the Board of Directors shall determine and shall contain the name of the corporation, the date and state of its creation and such other matters aq the Board of 'Directors, in their discretion, may determine. Said seal may be used by causing- it or a faesimi;l.e +` thereof to be impressed, affixed, reproduced or otherwise, B. Principal Office -- The principal office shall be established ,.. and maintained it. the City of Orance, County of Grange, State of California. C. Other Offices _ Qom.�-_-r offices. of the corporation may be CstAl-lished at such places as the Board of Directors ,may, from trime to time, designate or the business of the corporation may require. D. Checks, Drafts, gates - All checks,, grafts or either orders , for the payment of money, note or other evidences of indebtedness issued in the name of the corporation for all debts of the, corporation sha' be signed by the President axid counter-s,igned,by th4 5et�ratary' or Treasurer or by such, offi.cors as shall from time to time be determined by the Board of Dir ctors. E . Notice and WaiVer of Notice Whenever any notioe is re-qui.rod try thrse By -Laws to be given, personal noticd to not meant Unloso expressly so stated; and any noticq so roqui, ed shall sae deemed, to be sufficient if given ;by ddpositinq the sane in a post office boy in a scaled post paid wrapp r f addressed to the parsoll entitled'! thereto 4 A, V � ? ell) =..4.r k' at his last known post offi_,,e address, and such notice shall be deemed x" to have been given on the day of such mailing. Any notice required � to be given under these By -Laws may be waived by the person entitled thereto. Members not entitled -to 'vote shall be entitled to receive �,y w notice of any meetings except as otherwise provided by statute. F. Assent to Meeting - Any action of the majority of the Board q. of Directors of this c:orporatlon, although'not at Si regul_r3rly called. meeting and the record thereof i.f assented to in writing by al.l of the other members of the board., shall, always be as valid and. effective in all respects as if passed by the board at a regular mee�inq.' SECTION 17. Fiscal Year The fiscal year of this corporatioo shall be September 30th. SECTION 18. Amendmentr.e Amendment of icy -Laws -,The regular members, by the affirmative vote of the holders of a maloarity of such memberships issued and outstanding, or the directors, by the affirmativevote' of a majority, of the directors, may at Any meetiing� provided the substance of the proposed amendment shall have: been stated in' the notice of ,the R meeting, amend or alter :may cif these 1#y-LaWs w R r m[F� k y„ CERTI CATION I, the undersigned, do hereby, certify: 1. That I am the duly elected and acting; Secretary of WESTERN INSTITUTE OF CAREERS, INC., a California Ton -profit Corporation; and x 2. That the foregoing Ey--i aws Constitute the Original BY -Laws � of said corporation, as duly adoptad at a meoti„ng of the Board of z: Directors thereof, held on the day of , 1975. r` IN t-,ITNESS WHEREOF, S have hereunto suhScrabod my name and affixed G•.,� ` RS5Uf;i')t�CES AND l,,� s;l A. General Assurances 1. The applicant assures and cert4fies that; 1 a. It will comply with the re-quirements of the Comprehensive Uiployment and Training Act (CETA) of 1973,'as amended (P,L. 93-203, 87 Stat. 839 and P.L. 93-567, $8 Stat, 1845 ar)d P.1,,,;94-4411), hereinafter referred to ds the Act, and witFt the regulations and policies promulgated thereunrser; and b. It will comply;. with OM2 Wcular number A--95 a,ld Federal llanage- r ment Circulurs (Pti4) 74-4 and 711-7, as those circulars relate to functions suet) as 't+,e uti t i zation or, fonds, the operations of programs, and maintenanu of records, books, accounts, and other documents un&d r the Act. 2. The applicant furthor assv'r•os and certifies that if the ragulatiot:s promul,jatcd ,rrsuant to the Act are amended or revised, it shall comply with them. 3. In addition to the_requircments of I tired 2 ahlove at{cl c'unsi'stent .with' the regulations issued pursuant to :lte PACt, tlto applicant 1'1"Ll,Les the folIowi09 further Gssurances and cer t'ificatiofls a . It pa!ssesses 1e3,11 autharty to ilpply for the car%grit; that a resolutic,n, imv Lion, or similar ar tion l),is b err duly at#opts-6 or as all official oict of t110 applicant's oyerning Loki, aut.lt t"i ing the, f llnrj of the appliCat1Oil , i118; tiding i%ll lltlderst.midJmjmi; aiX at-surOtvt—i t0fito 11 LiiC'l�iit, and elite t?r;;p .artj imthorizillf1 th0 ppv1' ran irlcsttrflt°1 i1s the official re;pre 4ent,)tiv,- or tl:o to act y r;a1 4nd to pro"ide such arloit,ional iral'tirj1,ativa as 1,{'y 1t4 rc,°$4rri~o (rccliwnsµ 102(a); 701(a)(9) and (1 ))� _ .. �_,.,., ,�...�..��::,.a,.... ,a,� u , .�..�, �.,�,ur.. •..a_,.�.,i�,�.��„�...�..�, �..�.,...z._,. tit . ��� KRt' b. xL l comply with Titl", VI andxf,.�tri" the Civil Rights AcL' y of 1964, (P.L. 88-352), and in ;rcc:ordance ;•rilh Title V1 s-;ind `lII of drat Act no person in the United States shall on thtt grounds of race, color, sex, or national or gin, be 'excluded 'from participation in, be denied the benefits of, or be otherwise subjected to discriraination under any programi or activity for which the applicant received Federal financial assistance ' and will irrnnediately take any Treasures necessary to effectuate this "agree- �.. ment .'IN '. c. It will comp) Y with -Title V1 of the Civil Rights Act of 1964, (42 USC 2000) prohibiting enilrloyirEeitt discriitination r°;here (1) the pri,®+ary purpose of a grant is to provide em loy mmt or (2) discrimfilaLory em to ment practices will result in unequal treatment of persons r•,:tu are or should, be Lenefiting from the grant; -aided activity. d, No person with responsibilities in the operation of any program under the Act vaidl discrimination with respect to any program participant� or any.apDlication for participation in such 'pro rara because of race, cread, color, national origin, sex, age, political affiliation or bclief;, (section 703(1) aid 7121. e . _ I t w l l coi,.iply with the r^ogui r,c;,TnGs of the l)rov is ions of the Uniform Relocation Assistance and Real Property Ac;uitition Act of l.M (P.L. 91-•646) vibioll pro*iides for fair and equitable of persons displaced as a result ofi"tdtral areal icdr°all;�asistE:d l�rr�!1rE; �. f.`' It vtill ccr�jp,jy txitit tine {trovisi,�ns of the Hatch Act a"it•ch limit the political at<tiXiy of errlloyts. g, It wilI cow. ly txi th .he i`efi�tir"�i:d�rr( that no prho;iriit;r under the Act shall involve 11olitical 4cLivR-1Q5t (�;ctitrrE �1� xiird, �Ua{2))r 11r Ir u$ti`fl es.tabli 'h safeijuar"cis to Prohibit eil;ploy'ees fro,,l U�Irrg the°i r po i tiorts for a ; rjibso that is OV zrives tine a ri rir xrEs, n Est b,!4 a " OMNI ram% 4 r �rrotiv Led try toe re Io �ar4tvrat� c�,aiJr fsrr• tiic'r :' ��,s or- oLhcrs, part,icu- larly those ; wi th whom they e faar;al ly, bu,incss, or other tics (soaion s 70Z(a)) i . It will give the Department of tabor and the Orange County Ma,npoi-ler t Cor;arission-through any authorized representative the access to anti the right to „ exam1 ie all records, books, papet,s, or docomoots related to the grarit (section * 713(Z)) j. Qarticipants in the program will not be employed on the construe- Lion, operation, oi- maintenance cif that part of any facility ahich is used for religious instruction or worship (section 703(3)), { k. Appropriate standards for bealth and. safrety in work and training 'A situations will be maintiined (section 703(5))- 1. Conditions of er,talayment or• training trill be appropriate and ' reasonable t`aith regard to the type of{cork, the gr;raphical region and the proficiency of the applicant (section 703(4)) . d' m. ` provision of woi-f;men's c�wliensaLion protPectioti toparticipar;ts in~ori-the-job trairlingk v,ork experience, or public: service e;plax+.ientµprograrrs under the Act at the sar;e level and to the same extent as other employees of the, employer c+rhd`are covered by a 'State or industry ;,:rr'3;raen',s co'atpensationn Statute, and proyislon oT wori,Imcn s co""'Ven:'ation nsurarac-* of- 1%dical and accident insurance for linjury or disease, resurfra�.r it,clr participation to those individuals enq; ged in any program actrj yi ty under tile ract i . e • T i work experience, on -the -,lob training, p0lic sOr vice U ploy-M*nt, clklssr*aoril " train' services to participaatts, and otther activities, A%Jtire others ,, sim larl'y cnf, as ed are saoi -Ov red hy. an .eppl iccibl e i't rl,iaa�tw `s c on:;t nsa tl rrr *Y statute (sectiois 703(6) Wid 20 (4)). x rr. Otte farogi# r:i gill not rr:sult in Lhe dasf�f�cc;>eart Ofrfx l ryrrc# workers oit�crimpyyaai/��t eRxis�t°pi�ta3 csatrtrac E,s for 'M:'Lxvic c's v r cos 't*", in th T gut "sL tir- t' 4� td -�lf �4ikk rYW # fun +x/i� V'.lw�V�«nx r.AraLC.t in Co",wl0 Fe �'i e3 Wi Se �+A VY F+1*kk iie,wk� x"i �Ja.rl h* other a e e faerf r�iied (rsect.icn 703(7)), x 0. 1 ra i hrJ will not ba for any !ir r arr,rr�' �'�rrt, wh icli r otlrri r,' le thil 11 IyFI � two vxcks 'art: ";"Iloyrrerrt training, unless ifit,.r,,,9diatur, opportuni-- 2k ties are av,rilablc in LhaL occuir•ttion (section 703(U)). d # p. Training and related service, will, to the 'extent practicable, be consistent %giLh every individuals fullest capabilitieg:'and lead to egnloyment opportunities which will enable participants to becort;e economically self- sufficient. sections 703 and 105 a G 1, q. Institutional skill training and :raining on the job stall only � be for occupations in which the Orange County i•:anpower Comanission has determiner, there is reasonable expectation for employment. (section; 703(10)). r. CETA funds will, to the nxl ,,r. practicable, be used to'suppleriel)tx ,rather O',till SL,;:plant, the level of funds that would otherwisra be available for the piarrri,ng �,nd administration of programs under the eligible applicant' grant (section 703(11)). s. It will submit reports as required by the Ora ►re County #ianpor,er Co:inissiori and will ruaintain records and provide access to thc;n as necessary for the Orange County Manpower Com4ission's r°evie tt to assure that, funds ;are being exporided in accordance with the purpogcs and prow; sions of the Act, in-` cludin; the w�iintenance of records to assist the Oriuvje County I'g;,n��a;�er Gorrsvaissi in dctE r �"init, ; the extent to which the p"o0ram weets the special needs of dis- advarrta�;^ci, CVrLrrr cal1,Y une,,;ployed, and low incnrre persons f€, ineaningful 'eap I r;, rent q crtuni ties (sections 703(32) a}rd t. the preg>ra,a will, to the t%Wn)16-1 fr. Bible contviWte to the accu a i„r�rl dcwAela;.}t,..nc or u. the prograa,n has atietltr:ate a ,,aarxast,rativr., and aucous4fr wt corrtr al.s, ; l)crsonr,LI SLandards, evaluation proce��rroe,, availability or ra-seritice trein- ing GarJ technical assistano pro aims, and otJiei, polities,iis may be necot;rary to r r(,-otc' the effect VQ, t,rse Of fluid(Section 70314)). r ,A hilt. 't' tilif"I upl, W I- "Ovisioll fur t 1'111w 'tiallpol"'er jjoud" of YOULI) aVrvod (6ucLioll 703(;k w. 1-nd i vi,dua I s receiving traininU on One job shall be compensated", by the employer at such rates, includffiq periodic increases, as may be deeal reasonable under regulations prescribed,by the Orange County 1,11allpower Colmli but in no event at a rate which is lest, than the Jiiq'oes.t of: 1) the Millimu, wage rate specified in section 6(a)(1) of the Fait, Labor Standards Act of 14 ,2) the State or local 'Minimum wage "'or the most nearly comparable covered -en ployment; 3) the prevailing rate.&, of pay for persons employed in sirniPllr occ tions by the same employer; 4) the minimum entrant rate for the occupation among other establishmeritts in the community or area or, any minimum rate re,- quired by an appl4cable collective bargaining agreement; 5) for participants on Federally funded or assisted construction orojects, the prevailing rate established by the Oran County Manpower Commission, in accordance v" Davis -Bacon Act, as amended, when such rites are required by the Federal statute under which the assistance was pi-ovido_d. x. It will comply with the labor standards requiru;";er'L'$ set out in section 706 of the Act. Y. Services and activities providr„d under this Act trill be administr, by or under the supervis.ioo of the applicant (sections and 205(c) (M. Z. No fluids made available vnd!r the Act shall be used for lobbyintl activities in violation of IS 'OSCA 1913. aa,. I f Q. eapplicant is, f nanced tly letter of (I) Letter or.,,credit casli Ow.1dowrts will Only Le illitiatcd actually -needed ,for, its L"J'A qrtint(s) W, limely nportinq or cash disbijrsi,mt)nts and halillices will be made to the Oronge, County flanpowei, Comaiistjion as rt,cjuirod; ( 3 11 l[►ymst5 ► t1,7 :+li.t": s I aindo i ijf t 0ollill and r'lmrlulI U11VII any secondary rc�.,pients including the furnishin, of roport;,"of cash dis;- bursoments and balances. ob. For grants, subgrants', contracts, and subcontracts in excess'.of S1J0,0:;0, or t+here the contr�icting officer has determined that orders under an inrefinite quantity contract or subcontract in any year will exceed $1C�,GGJ, or if a facility to be used ;has been the subject of a conviction * Clean Air Act (42 U,S.C. 1857C-il(c)(1)) or the rederal ,later Pollu- rol Act (33 U.S.C. 1319(c)) and is listed by the Environr,ental Pro- J cy ttPA) or is not othermise exempt, the granteeassures that: 1) :. facility to be utilized in the perforaMnce of the proposed grant has n listed on the EPA List of Violatin*q Faoiliti~sl 2") iL will notify the ` #, Urange County MarPower Comrnlssion, ;prior to ay.,ard, of the receipt of any cor-i-runication from the Director, Cffiue of Fe eral Activities, U. S. Emtiron.- ti mental Protection Agency, indicating that a facility to be utilized for the ;;.. grant is under consideration to be listed on the EPA List of Violating Facili- ties; and 3) it will include substantially this atsurWice, including this thitre part, in every non-exempt subgrant, contract,. or -subcontract. B.- ldc,itional Assurances for Title I In carrying out programs under line i of the Act, the applicant assures and certifies that. a 1. Hanpo-exr servicos, including, job will be provided to tbo: �. most in need of themincluding lour incor;�cf persons and, Persons of limited English-s;:ea inr abilityand tlat the need for continued funding of programs of demonstrated effectiveness is considered in serving such persons+ (soction 10.a)(11(U)a• ?. Prograrirs of institutional skill trainii 'i: w;'a11 1,T designud for ncculpa- tions in which skill exist (secti ., H6(0(6)). 3. The plan meets all ;the requireiOnts cf �,rction 1 5(a) and the applicant will cwipiy Sri tli all prpvfs`l'o of the Act, ( 1,on .ltl, x ,a t tL I*i i Vdiz asi OI a I[ imy'firi'riti', titi'! i'iI';C:rtbt,zj by r"oprIa ioil to � i assist the ottg o Coulity �r�eiir��titli'r" �frs;3lti�.+�ttr Al �ct►r�r��irir, �t�tt itS res{rgr�5i� i bilities uadej- sectiOtis 105 and 108 zit- the Act 05uction 105(ar)(7)},JU 5. Special consideration will be rgiveo 7 the needs of eligi e dis- abled veterans, s ccial veterans, and veterans who served 7n the Armed Force � . :. and who, received othor than a dishonorable discharge within four years befor�r the date o` their application. Each program operator in selecting participa'r o.r pr=ograt»s f�rnded under Ti Lle I of the, Act, s€alltake into caiisidertion the extent that such veterans are available in the area. Specific effort should be made to develop appropriate full or part -tittle opportunities for such veterans, The program oporator should utilize the assistance of the. i State and local veterans employment service representative in formulating its a program objectives, 4" Can ;a continuing and timely basis, inforazwtion on job -vacancies Lind training opportuo i ties -funded udder Title I of the Pict shall be provided to the State ' and local vote rans employment service ' epresent,ative for the purpose of dis- seminating inforinatrion to eligible veterans (section 104(b) of Emergency Jobs and Unotployment Assistance Act; of 1974). ,t 6r Appr{opriato arrangements will be mane to pro%ote rnaximwn feasible use of apprenticeshiri and other on-the-,otir trainta,g opportunit.ios avail,,tble under section 1767 of titte- 38, United States Code, ( b C. AdditionalAqs. t+,o+rF+"Nr.1.,i,.trw>wl.MiMc ,.+•S..wt..rrt.yf.wirce avoM•rilw�i„twwq Io i,ntMw'yi'.Lo,wart 1 ,i Por pilsir, so -vice, emplVyIj^YMR} ac4yqty, {ile±pp$yV�l/ Tiµthw* ys13{.a4s i and s certifies that: r r SSpecialccoilsi Icr�aAt itrtr tJi l t * } i 't t1 to the 'i' i t l iti(,� ' ii jobs vide sOff lGii 11t. pros��Cts, for o.dvanccri*wr)t, or ivittibl+� by Providing t' tt;pl'rr3r»`ir in r Ct"liiiiiij andtirxtifrr;. a� �,urvice, �it�siviv"i to (1) plroarak.e the participmits to erlipliw},rietrt or tr�,Wii,;,l �qgltw,r tunitivs, suit- ablo wrr the in"rividdals< ltivolvld, whether in the t,,jbTic trh priitwe suc ter• Erf,ttre teotiosri " }i Qvide particip,'tiif.s with srkills icrh hick there is an 3 anticipat(:(1 itiriliick,-mir►rci, or (3) 14rovide wi01 5t!IF-ifive101I ull skills; cxcc(,t , mN., exampt,u,tdar Lira iirovisionS of section L04 of Lbe Act, � Providctl, howQver, Lhat notring_crarrtOiled in Lhis,paragr�lph shall be con- strued to preclude persons or programs for whom the foregoing, goals are not x feasible or appropriate (sections 205(c)(4) and 604), � 2. To the extent feasible, public.service jogs shall be provided in occupational fields which are most likely to expand within the public or Private sector as the unemployment rate recedes except where exempt under section 604 of the Act (sections,2`')(c)(6) and 604). 3. Special cm ideration in filling transitional public service jobs M. w411 be given to unemployed persons why are the most severely economically ° ! sadvan+.aged in tors of the length of tiare thr�v Have been urem;lcryedth- ,out assistancc, but such special considtira.tion shall not authorize the hiring ti • of any person when any other, person is on lay-off from the .saute or any sub- ' stantially equivalent job (section 205(c)(7)). 4. No funds will be used to hire any person to fill a job opening created by the action of an employer in laying tiff or terminating the employment of any other rcqular cmployee not supported under the Act in anticipation of filling the vacancy so created by hiring an en.iployee to be supported under the Act (section 5. Due consideration W111 be given W flersons ;.itt have participated in manpo,:er training p:'trgl`anis for w(rottr ejrtpltry";:et�w o;gfor~to;"¢i#ies %'JoUld not other- wise be im,r•ediately available (s ctioa 205(c)(g)) 6. Periodic revi•irw peoceduris purfivant'to section 207(a) of the Act will be complied with (section ry y �y .{aft y �*Fi j yq ♦, j f' ��. �y. �ry y # y +� y J F .y,yYy 7. Agencies and institutions on to YJwn I injoicial '. s i 'Aanc #s i�Fr de X4 alI- Agencies able under this title have undertaken or will undertake, analyses of job descriptions and r ev .lnati rrs and, s•,!herr Mio-.n necessary, revisions o'f'quali- fication rcquirerilf."Its'at ;all levels of et,.plca�,�r4,r; � inc��iiir�a' civil T>cry c-� �i r=, : ,; jN".il LiC.`°i rl-tatirlo; ti'it`a'tu, irr',�rcUrdnc:e't"ritlt 1't'ltrl,a`�iolls ". presCril,c.l1 Orange County l"cata;rut"er Coto .it-ion, wil.h a view towaald re-= `�1g ,i moving artificial harriers to public enployv-iAnt of those r,.rttclrn it is tine pose of the Act to assist (section 05(c)(1')), 8. Where appropriate, it will maintain or provide linkages with upgradit and other manpower program for the purpose of (1) providing those persons 6 employed in public s,rvice jobs trho tiant to pursue work with the employer, it r the' same or sirr!iIar work, vith opportunities to do s€ and to find permanent-, uparardly trubi le careers in that field, .and (3) protsiding 'those persons so employed v;ho do not vrish to pursue permanont careers ill such field, faith �, opportunities to seeks, prepare for, and obtain work in other fields :(Section 205(c.)(19) and 604). re 9. The program will, to the mari.rurn extent feasible, contribute to the elii:rir,ation ,,f artificial barriers to�employt=ent and occupaticriat advancement including opportunities for the disadvantagpd (sewtitn 10. Not more than one-third of the parti-ipants In this program will be employed i„ . bcna fide profr;ssional capacity (as such term, is used in SCcti,k, 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paralrapi, shall not be applicable in the case of participants. employed as classroom teachers, and the Change County ormi si=;3n liok•aive this limitation in exception�il circumst3ncCs (section ll. Jot)s "rill tie allocatedequitably ,to loud goverrinentFs and agencies taking into account the umber of urrcmiplo;ycct prc�rstsrrs within their jut{isdictiot, and the needs of the agen'Cir~s (section ail � . . w q M 4Yk' ♦ "ik%._ `kse" ` k%M1 . yi. . 1 ' k 4 a 12. TPIo jobs in each promotional line in oo vty iufrins�! upull the pro;110- t iu,ca l a)eP1artuni tiros t,irirwh t:ould tttl orrrisr,. be LtVOi,x sle to ptlr„ r}S ctta'rt,►ti 3y employ,-d in public Ser v i cc ,jotr5 not s€ bis i i t:t!d brWr: r Lite Pict , atA as rtre that no Jot, will be filled in other that) an entry law;; PoOtian in p.,ch Job category u.,ti 1 u= ,)licable persons,' el procedures, and bargaining agreer,ients have ire"era complied Oth (svction w IJ. 0011`a AN in tatidition W t,ho"t, Oaf 1'rrlal� �..„�=t' Currdtr`+t t1,Y Lbo trtltrir,tir. • " t ill the abseric.0 F � assistance under the Pct (set�� atrar G05(c)(24)). r �� ifk. lh. Persons` employed in public service jobs uildet- this Act stall be laid wagon which shall not be lower than whichever is the hicghost of: a. The minimum hourly wage set out in section 6(a)(1) of the Fair Labor; Standards Act of 1538, as amended; 7 SM" k+'. jb. The State or local minimuin wage for the most nearly corparable y: covered employment; c. The prevailing rate of pay for persons emnployed in similar publics �. occupations by the same employer (section 2003(a)); d. The minimmi entrance rate fear fiiexperienci4 x«;orhers in, the same occupation in thm establishment,'or ., if tine occupation is new to tiro establish- p ment, ; the: prevailing entrance rate for the occupation a«;ong other establ:istarnent in the, coamunity or area, or tiny mini,%juni rate required by are applicable collecti bargaining agreement; :or ia. The pxevallinq rate established by tip Orange County lllanpowrer Conmission in accorda ice with the Davis- acon hct, as wnenJpd, f"or pal"ticipartts involved in employrilent« coyored by the tlavis-Bacot, Act, 15. Special consideration shall be givcn to eligihle di5aL veterans, s ea %al veterans, and veterans rt o served in the °rn.cd 'r rccr5 and who recei e.4 other than a dishomra,ble discharge wi`thi tour years Leaore the dale of their apaliCttiora. Each eli }hale rtrplicant selecting trortieit���ilts` for pt"o.jr�a�is .,.,.•. , ,.,.«,.« funded udder Title I of the act, shall taE.e into coi�sid�:rat �;r t:trra exteart that such veterans are available in the area. Specific et'toOL fix!":1,4 ':w IM;,r;e. to develop apjwotrri,rae f,,ll or part-, line opjtortun ti(!; Sur such vett�r w� *,, lip order; to insure for voterans, all ,public sc,;rvicc ai„ploy- mirnt; vicar c es rider Title t) C4e &t those, to which oye`ws are belar1l recalled, Faust tw* l ied With+ -he 'S� t'2v cmplo ierit sorvic:e at least two hours k x ' ,� _, ;at�il+.�at;�:, •'�t11 h+,J�'itlty':,'j i�Lti�t9't� "�Ek[ai tizircilne'ii'<-a7rt"! f'ill�r41, y1' Durin(! Lhi s 1- r1 tho owploywtmi1, !,urvke iitx} rfe!' thus: veterans specified r above. If Suf I Iciuot numbers of �vuter°all'a` are not avail -able, the employailent ��r•"'; servicL, upon request, may •also rerQl` members ur other significant. segments. All other applicants are to be referred after- the 48--hour period (section 205(c)(5)). The eligible applicant should utilise tfie'assistance of Statre . and local veterans employment representatives in formulating its program objectives. ; Each eligible applicant shall, on a continuing and timely basis, provide in- formation on job vacancies an,:, training opportunities funded under Title 1. of the Act to State and local veteransemployment repraentatives and to other veterans organizations for the purpose of d'isseminatincg.information to eligi-'t ble veterans (:.ection 104(b) of the Emergency Jobs and Uncimplayntent Assistance Act of 1974). r • .� ., •'t'r 't :d M<Yt 4 Xf r4:"9f 5w♦ a •4rw kr.Y, t'fc, Tura. ,.rttt. S a J .:,...,. ... u. w.w+. -sw „ •' •.r. u. . . n......i.YHI'W4YiA ]C"�S+iXAWMI1C9nrei.. a e- P AP ram« n . BOARD OF DIRECTORS,` of the WESTERN INSTITUTE OF CAREERS, INC, A. Fred Flores--- r A successful private entrepreneur, Mr. Flores began his career in the auto . industry, advancing ft:om a sales position to become General Manager of d new car dealership in five. years. Transferring to the ,:insurance industry,'; it took Mr. Flores just six years to be promoted from a.sales position to;+:a: Regional Vice President for the western U.S. with a field force and staff of more than 500 ittidividuals. After an interim period as an actuarial consultant Tit. Flores established "A, Fred Flores & Associates",, an,,° Orange County employee benefit and tax shelter annuity firm, in 1970. The ' firm provides financial planning assistance to ;individuals and businesses t;,. throughout Southern California. x Along with his flourishing business, Mr. Flores has been actively involved in Orange County public a'.;fairs for many years, Including service as President of the UCx Parents Association; Chairman of tho UCI Chancellor's Minority Affairs and Affirmm iti:ve Action Advisory ; Committees; Commissioner of the Orange ,0ountyManpower Commission; member of the KOCE Citizen's Committae; Chair of the Orange County 2002 pemocxntic Club; and more. In addition,''tr. Flores served as foreman -,Pro Tem of the Orange County Grand Jury in-1973 and 1974. fir. Flores' expertise regarding private business and his knowledge of Orange County public, affairs will be very important to the corporation's su,:cress. .Aa2 grew Hurray Griffin— Eaginniug his, business career with a venture employing temporary laborers to unload freight cars (a venture which he'built into a successful,freight- touding company with 143 employees), Mrs Crif fin moved on to the restaurant � business and from :there into the ministr-, He inherited a run-down church In East Los Angeles, rehabilitated the and began. ,ministering to hw many, youth gangs in the area. His work with these gangs 'soon led to a growing, demand for his servitos o a, speaker; an appearanou as featured g4,fat on Ralph Edwards' "This is Your ,Life" TV program; and a 'Preedomms f'ol.uidation Award., xif ter ser'wigo at ''Pa4l,i.c Welfare Comolssionot for "Los Angeles County, :pit. OrIf f In turned again tat the; business world, ser.:inG as vice president of an advertising firm, ,rise president of Golden West A.irlive, and vice ' president of a take sfield 'oanL, iikhieh expanded to more than 20 branches in justa few.years. t1r.° Griffin created and directs ",Live and Lead" seminars, imelping young 'people develop leaderahip 4hd managomeat skills. tie Also is 4irectly involved in the, constr►tcti4n Uzust ry, bui.lding affordable iiouoin or Oz~ange Count' !fa*41ies. Kt. .GritfitiOs widerratiging btzsittess end uommmmsmun ty. service +expert ;tee will he of great Lenmrtfi t tsta'011 " ing 40d adttWStoring the alicie of the r,atporatioa, ZON kich,ird A. Harlow -- Mr. Harlow has extensive experience in the administration of local govern- !nc,it and public affairs which will be vital to the success of the corpora- ioll. Beginning as a Planning Aide in 1960, Mr. Harlow advanced wiEhin the Citv of Huntington Beach through several positions to become Planning Director ant', in 1978, Assistant City Administrator. During this time the I ity"; population grew from 11,500 to 165,000. In the Planning Department Mr. Harlow was closely involved with most of the major land devalopments which made this growth possible, working directly with the City Council, its Roard�. and Commissions, and community organizations. Mr. iiarlow',i duties as Assistant City Administrator included assisting the City Administrator in implementing the policies of tte C.1ty Council,; !ormulatinq policy for the operation of City Departments; directing activities of the Administrative Divisions; and, coordi-n,atinginter-departnenta1 activities. Mr. Harlow was also resp6nsibIQ for oversight of CETA program administration, ,ATid provided valuable assistance and direction regarding inter-relatia4ships h,!,,ween CETA opera, -ns and other City Departments. At pro,sent Mr. Harlow "CrWIS as Fyecutive Director of ,he Orange County Building Industry Associa-- tion, and thus his ci-atribuLion to the corporation. will: include expertise in the area of successful business practices. i5oo Kushner— v;ith extensive training and experience in fiscal management, accounting, .and a�,oiting, Mr. Kushner will play an important part inthe corporate decision- rLiking process. Mr. Kushner's initial, employment experience was with Peat, Marwick, Mitchell & Co. in Los Angeles for five years, concentrating largely on povernmental. auditing. Along with other engagements, Mr.Y.,ushner served ,19 the in -charge accountant fore. aloe annual audits of the City of Huntington Beach and he Public Facilities Corpordtion. As such It was his responsibility t!) direct the audit proc&ss, make appropriate recommendations for correction of deficiencies in the accounting system, and ensure that custo".'ry procedures were properly implemented, '-nbsequently Mr. Kushner was associated with Harcis, Kerr, rorster, & Co. in I management capacity for two years. At present lie is a partner` in the firm of Hansen, Ross. and Kushner, CPA's. Mr. Kushner is an active pa-tJcipant in the Municipal Finance Officers Association and other municipal otganiza- i ins, and will furnish to the 'corporation a high level of expertise in financial management and accounting.4 Jack �1. Miller— I-! *tiller brings a unique .and valuable blend of financial marketing and planning experience to the eorponLioaMr. Miller served in, ;the U.S. Army from 068 to 1.971 and was promoted to Captain within 2 years, becoming the -.ouns,e4t officer of that ranllt in Thailand. As such he served as staff of f icer to the Army's e=34ndtng g I enerals i.n both. Japan, and, 'Thailand. After -oripleting his military service, Xn Miller was employed as a fitanclal c(1r1S111..-,nt by Merrill liyuobj Pierce, Fenner, and Smith, with responsibilities including development of corporate and individual clients' investment portfolios. Moving on to ConnecticUt Oeneral FiilanCial, Xr, Mil ,at assumed financial planning responsibilities both for busi-,iesses tfierpT/acquisitiqn R MI, 1111,1��,� 11 1 IN 1 11 wv 1 r. t.,dic sale/leasebar.k analysis, stock redemption and cross -purchase pLinning, employee benefit analysis, etc,) and for individuals (e.g,., insurancc and securities analysis, tetirement planning, tax--savixrg devices, , etc.). At present sir. Hiller is employed as Assistant Vice President of t'nion Bank, responsible for developing now corporate clients. His success � in financial marketing to businessos Is indicated, by more than $4 million in additional deposits which he has generated in just 18 months. Mr. Millers special knowledge regarding financ:1,al matters will add a valuable dimension. to th9 corporation. '>T sw�a N � . �4. '�CST!flliSSign�L' �a�.�.ar4igy Chaixnan ��� `)range County Manp swer Commission ' u AJ Civic Center Drive Welt. - Santa Ana, CA 02701 Dear fir. VLR.T..;L,GIr.10 i As dirpeted by the Huntir%i:cn Beath City iouncil at t'.ieir regular rteeti;tg on Monday, August F, 137q, 1 am hssri*y informin7 you t:"a, the City o Huntington Beach has ;t' .. - try return all C TA funds all=,tee. to seine Hunrington Beach res;&,tta to the Orara i� roui;ty Ma.power Comv.:asion, and has furthermore officially deri),,nated the "Western inistittte of Caref-r,y inc,", a private, non -Profit, tax-exempt (1Fij-ge County c:orpvration, as t-.,- Prime Eligible agency for Huntington Beach =A prograw,, ropza,inlg the .'ity of Huntington Bea.. Employment and T, airing, As Prime Migi,ble the We6tern Snatitute of � dre r s will ', e responsible for planning, and managerient of CALTA. funds and programa for, City residents. this a3cticTi to 'Loke {.ffat" uxq)n theoxec`Lition oftho aj,+,,`,Y't priate AgreE13t?f:Z t(s) bFtween the Ofp�y'�pCiE,y� 1:ou(nty P:,�♦k3Y�sow-'r, ��y7ty��Yri�th � � �s13 +� lnst s ty � U f y�' }'�ahe, vWYkast--61�"fa 5 j V sarca s l.A tNM VA S 4vat4 Li a W{i��it WJ\ P# 0, �1�i�erltl.1.on;1 of he # w4 S .i iL1 F1r If you have any quest low regarding ding tb i s ry ter, p�-iF wortract me., 1$OT+ you for your cooperation, rloyd 0" Belzit+ City Ad4%9inAl atrato irk ' . r .. _..., ... .. ..... ., .... 9 C. i <s =&, TNENT to Provide CRTA Services to Huntington Beach Residents ` This Agreement is entered into by and between the Orange Coz.;aty Manpower Commission, Prime Sponsor fG, the County of Orange itnder The, Comprehensive Employment and Training Act of 1973 (P.L. 93-203) as : amended, hereinafter known as "COMMISSION"; and the Western TnsUtute of Careers, Inc., a private, ron-profit, tax-exempt csoxporat on, herein- after known as "CORPORATION". A, � taitnessetlti; :.A WHERFAG , the Comprehensive Employmert and Training Act. (CETA) .Am-ndments of 197E have increased t >: 1ivel of private sector participa- " x tita in CFTA program planning and. operations; a"d WHEREAS, addit:?onal requirements !:or training or CETA participaats and redtu ed funding for public service programs have negatively affected the ability of public agenries to effectively provide Ct'' '=,arvices *, and AIMEAS, in light of the above factors, the City of Huntington Beach has officially recog.m,,ed the benefits itx`ierer►t in withdrawing t°.rem its . preoenr di-ect involvement it CRTA programs; and AMEAEAS, the City of Huntington Beach 11-16 further recognized tbat removing itselc from such direr;t involvement will result in co;,Vt savings through innreased program flexibility, the ability to lucorporate private tt;aini;ng servicea ir. CtTA programs, the capacity, to serve more clients, and, by decreasing the City's indirect Costa which are ,^ETA-rel.a, ed (i.e,, administrative and staff support; time. spent In accoonluing wid avditing; insurance and, c:owieosation policies for staff ;end pwrti:cipants and liability for CETA funds, except insofar as the City is ,joi,nily and severally liable a a s4-,iotory to the "Joint Exercise of Powers Agreement" ' (as amended) which creatz.4 the COr1p1715SION); and WHEREAS* the City of Huotir"gtonBeach has for these reason.Q delegated responsibility for administrative oatrsight of Huntington Beach CETA r programs back to the Ct7*I""iISSI?N, with the stipulation that the CORPORATION lse dr signs'ted he CI:TA Prime Eligible agency for the City, of lhintingtoo Beach; and WOEREAS, the 0KIIjUXON has officially endorsed this -arrangement for continuing the, provision of CFMA, services to liulntingtan Apach re idents NOW, THEREVORZ+, in contsidt~xacion of the mutual terms Ltu: conditiuns heteivaZter set forth, it is zzgreed as follows: 1+ gatar se. The purpose of this Alreemeni, is to estaltlisb an npnropx;ot. kootzarctual rUari.Doshi.p �ctweeh the CORPMAT�ON as bereln Joscr+ibecl and the COMISS10N, to ensure the of MTA services to luntington 174ach. resUoots by the CORPORATION. Cori c.. llil z Agrep.zerit shal'i , ecome birsding upon bath parties hereto Ci;iouglr September 30, 1980 only upon), exetution hereof by both patties. l urtbenrore., it is the intent of both parties that subsequent k extensions of this, Agreement will be considered in conjunction Stith and for the sale term as the "Joint :Exercise of �orers,Agreement" (as ' amended) wl)ich created the 'COMISSION. The Agreement here seC forth may be extended, only ufon e-:tension of participation by tba City of 'Huntington Boacb in said "Joint E.,ereioe of Powers .Agreement:` and for a term not longer than the City's said extension. however, regardless '% of City action, nothing in this Agreement shall ohl,igate either party � l`zrato to extend thiq Agreement beyond the above -mentioned flute of termination. p${ 3. Ca orate Status and $ a ;,s` 3r The GQ ttl$SION will designate the i , CORFORATIO tie CET,'A Prime tligib_e service provider for :residents of lluatington Beach. The chief adm nistrative. officer of the CORPORATION will similarly be designated the Huntington Beach Manpower Plaurter, with attendant powers and responsibilities. A. Board, of Directors. The CORPORATION wi,,I be gover,red by a Board of Directors composed of experiences business pe';sons -md (,om:nunity leaders. This Board will be responsIble for setting CORPORATION policies in keeping with, corporate fly -Laws, and for appointing the chief administrative officer of the CORPORATION. The Boaru of Directors as;auras and certifies that; (1) The CORPORATION will comply with the requirements of the Comprehensive TAmpl.oyrent and Training. Act of 1973 as atended and with the regalations and policies promulgated thereunder; and. (2)The CtTPWORA"x`ION will comply with MM Circular A-95 and Federal f nagemi tit circulars, 74-4 and 74-7 as- wy relate to function-i such as the utillrati.oa of funds, tj#k r-peration of prograws, and maintenance Of recc.ad�9, bOOks, accounts, and other documents rAquired b; CZTArt Chief Administrative Officer. The chi--f admtn1etra1%_4ve officer of the CORPORATION will: serve at r4e pleasure of tine hoar-J of Director;; and will beadminIstrativel,y rospunsiblo to the Board for all functions of the CORPORATION. The chief admini.stx�.tis`a officer will be authorized by the Board of Dire -tors to act for Xh r CORPORATI09 in all matters related to CS7'A opera.t'ons, a O. admitUtra- ti;on, in aecordooce with the By -Laws of the COVal0kiTIOX Stai f„ Admiulstroti=ve aW program rst off will be responsible to Xri��.{e�.f:ad{mnini.stt ofif,'i�c.�e4r. ofthetheme CORPORATION. Suchwill �ratj�ifvej {tht�y}e�e Yi��.rr /stfa»f4 yf� SfSw +M} 41 to Med and ti+5ai �+:ed d+MFsi1.t in l+Z ke u�4�FLAJ 4"�Ae #.S�a the {iIMp.(.4yeV�4M1it and Training i,.4ministration 4bich the CORPORATION replaces (see ,atzaahed or aoizatioa cbort), dependent on the level of funding ovailable and withitt i<edoral ;goldel.ines ltrovidc-d by the Ct WISSTON reg ardi npi tiTraximurT 7d137iIZistrht ive cuffs. 4 Fair� n k ai�sne �Kitr i es. The rOKPOPATION will. tee responsible for ttrxtplia G sti.th; 'Tr`i t l:e 1 6d Title VII of the Civil, Eights Act of I a 9. 4 r 1964 and with all other applicable Acts of Congress and Executive Orders prohibiting dscrimir.at4on and tfendating equal employment, opportunity and affirmative action in Federally--ziLpported programs, 5. Insurance and Bonding, The CORPORATION will ensure that Worker's Compensation is provided 'or all program staff and participants. in addition, the GORPOU110N will: provide, in such amounts , are required by tlz C,044ISSION, propt�,z;:y and vehicular damage Insurance, general liability Insurance, personal liability insurance, fidelity bonding, and such other insurance and banding as is required by the COMMISSION for programs opexwted hereunder. The COMMISSION shall not be bound to nroV de funds to the C51 PORATION fnr vny program operated hereun3er unles- and until the insurance and bonding required by the COMMISSION is obtained, h. Pr a ram Fund A. Source and Purpose of funds. The COPPOWITION will, perform the Manaower Planningiun� �? - o_.,n «n plaze of the City of Huntiugton Beach,, 'l allocating such CE'kA sn4s as are provided by the COMMISSION for Huntington Beach residents to tra-I.ning programs, to the xi;ty, and to other subcontractors as appropriate to provide the most cost— effective nix of CETA servlocs availabl, . B. safe uardl gf Tund.s. The CORPORATION hereby tifies that tl�e foiiowin will be tCn s .eniented to ensure the effective u,<e of funds! (I) adequate administrative and accounting, controls; (2) personnel standards and pollclos (3) programmati:c evo-Ination prorodures ar;d (4) safeguards to ttrohtbit omployee,; from uslog the'le posittoos for a p urpohe, that is or gives the appearance of bet-ag motivated by a desire for• private galn for themselves or orders, nartieular., thost` with wham they have family, business, or other tics+ Aa Pro rt nd 5 rvi os Relntal. :lease,, lease/opstioa, and/or . inccasl&- of facilities, supplies, equipmant, send services necessary to tc, proper conduct of CM programs operated hereunder will be the responsibility of the C,OR.PURAI'tM In this regard, the,, CORPORATION will renegotiate and assume all agreements bite �.whicb the City of Huntington Search has entere/-- with respect to*. aXisto0t CZTA program operatiots:t including the attendant liabilities. Title to proporty acquired; in wtr*lo or in part 0th C6TA funds al.lo atod to the C09POPATION by the COWMISSION under this Agreement shall vest in the COMISSXON subject to divestment at the option of the Ct)AZMTON. If Suh.ontrac`inr. idle CTaitZ'CJW10,11 tVill comply with all applicable redo -rat and COMISSION !pildellnes for ,rubtontractirg ;and biduirtg on services which will trot„ b4� directly provided I7y the r,010ORA-riog, HrGctrclk js p� and i rtizr =. The Ct)ltl'CJt�,TWN will alutaln r"ordA an(i provide aotxea-s to tuts as Oecosaary for 'revlaw by the f`{l D11gSION to as' ensure that furls are being expended in accordance with. the purposes and pr,visions of CRTA. The CORPORATION will also submit, at such times and in such form as may be prescribed, such reports as the (:04MISSION may reasanabl.y require. 10. Hold Harmless, The CORPORATION hereby agrees to halal harmless, defend, and indemnify the COPi ISSION and its agents,, officers, and employees ' from and against any Legal, liability which arises out of CORPORATION errors, omissions to act, ot: nag.igent performance relating to the services provided hereunder.`r,, i? . (_om�liance. The CORPORATION hereby certifies that it w;ll comply � with the requirewerts of the Uniform Relocation Assistance and Real Property Acquisition Aet, which provide for equitable treacment of persons displaco-? as . rosrtlt of Federal and Federally -assisted J Programs; with the hatch Act, which limits the poli4ical, activities- of employees; and with all limitations: and requirements of 'CRTA which are applicable tc programs operated by the CORPORAMN with funds provided hereunder, 12. Amendments. This Agreement may be amended eily by written amk;odment approved by both -tie COMMISSION and the ::ORPIRA'TION. 13. Cancellaticn. This Agreement shall remain in effect during the complete term for which it is approved unless sand until It Is canceled by the Ct)MISSION or the CORPORAMN Such cancellation shall bo in keeping with established COMMISSION Special Provisions- and tondiclons :regarding Canc-ellatious :)r Modi~ficat:ions, Cancellation of this Agreement tiny also be effected by resol.cttiott of the City of Hantint,ton lleartt to rhassume CFTA administrative and operati.onnI re.4ponsi.bili;ty. Any cancellation of this Agreement~ must: be by official action of 0a governing b,Ay of the: COy.�1`I�SSTTIN, the CORPORATION, or the City, avd will became effective 90 dayo after written noti.f c4r'- of suclb action if, orovided to the p,ovnrn1t'ig body of the COMUSSIONs tbz, x, RPO tA"f ON, 3' and the City, accept as otherwise prodded It, the above -referenced Special Provisions and Conditions. f 14. Severability. Shouldany part, torm, provision, or portion of tb$s �x Agreement bbe deelded to be It, comfl.i.ct with airy law of the State of Californian or otherwise unenforceable or ineffectual., the validity of the remaining parts, tetma, provisions,; or portions shall be deemed sevc;rable and shall not be affected thereby, providing such zemal.", ng portions ox provisions can be construed In ou'r;taoco to -constitute the, , Agreement into whit 4 the parties intended to eater in the ,first instance. zt � APPROVED for the COK-1 -310N by-. •: Typed Name and and t xw Signature � Date , V APPROVED for the CORPORATION by: Typed Name and Title Signature Date ar