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County of Orange <br />OC Community Resources <br />MA-012-25010267 <br />Regional Workforce Consulting Services <br />Page 45 of 54 <br /> <br /> <br />requested for administrative purposes, including audits, examinations, monitoring and verification of <br />reports submitted by Subrecipient, costs incurred and services rendered hereunder. <br /> <br />B. Subrecipient shall require all of its employees, agents, subcontractors and volunteer staff who may <br />provide services to Subrecipient under this Contract to sign an agreement with Subrecipient before <br />commencing the provision of any such services, to maintain the confidentiality of any and all materials <br />and information with which they may come into contact, or the identities or any identifying characteristics <br />or information with respect to any and all participants referred to Subrecipient by County, except as may <br />be required to provide services under this Contract or to those specified in this Contract as having the <br />capacity to audit Subrecipient, and as to the latter, only during such audit. Subrecipient shall provide <br />reports and any other information required by County in the administration of this Contract, and as <br />otherwise permitted by law. <br /> <br />C. The State of California Information Practices Act of 1977 sets forth certain requirements and <br />safeguards regarding records pertaining to individuals, including the rights of access by the subject <br />individual and by third parties. The disclosure of information from student records is governed by the <br />Federal Family Educational Rights and Privacy Act (FERPA) and in part by the State of California <br />Education Code and Subrecipient Policies Applying to the Disclosure of Information and Student <br />Records. It is the purpose of these policies to provide reasonable interpretations of those laws and to <br />protect the student’s right to privacy. The Federal Family Educational Rights and Privacy Act (FERPA) is <br />a U.S. federal law that protects the privacy of student records. Generally, this law states schools must <br />have written permission from the student in order to release any information from a student’s education <br />record. <br /> <br />The Subrecipient shall be guided by the following principles: (1) the release of any personally identifiable <br />student information to any third parties shall be managed in ways that are in compliance with FERPA and <br />(2) the information in the student’s file should be disclosed to the student upon request. Therefore, <br />Subrecipient shall procure the written consent from students enrolled through the County allowing <br />Subrecipient to disclose to the participants’ employer, County of Orange, State of California, or U.S. <br />Department of Labor student information such as grades, academic disputes and other matters related to a <br />student’s status as a student. Such consent shall be obtained materially in the form, titled Family <br />Educational Rights and Privacy Act (FERPA) Authorization to Release Information to a Designated Third <br />Party. <br /> <br />D. Subrecipient agrees that any and all subcontracts entered into shall be subject to the confidentiality <br />requirements of this Contract. <br /> <br /> <br />33. Contingent Fees <br />The Subrecipient warrants that no person or selling agency has been employed or retained to solicit or <br />secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or <br />contingent fee, except bona fide employees of the Subrecipient or bona fide established commercial or <br />selling agencies maintained by the Subrecipient for the purpose of securing business. <br /> <br />For breach or violation of this warranty, the County shall have the right to terminate this Contract in <br />EXHIBIT 2