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County of Orange <br />OC Community Resources <br />MA-012-25010265 <br />Regional Workforce Training Services <br />Page 44 of 54 <br /> <br /> <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 />31. 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 />accordance with the termination clause and at its sole discretion to deduct from the Contract price or <br />consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or <br />contingent fee from the Subrecipient. <br /> <br />32. Transitional Requirements <br />One-hundred and eighty (180) days prior to the expiration/cancellation of the term of the Contract, <br />Subrecipient shall provide the County with a plan for transitioning services provided under this Contract <br />to the County, or third party(ies) designated by the County, upon the termination or expiration of the <br />Contract for any reason (“Termination Transition Plan”). Subrecipient’s Termination Transition Plan shall <br />include all details necessary to guide Subrecipient, County, and other third-party vendors through the <br />process of migrating all functions and services previously performed by Subrecipient to the County or its <br />new designee(s) and shall include at least the following elements: <br />a. Meets County timeline requirements; <br />b. Details specific transition activities to be accomplished; <br />c. Assigns responsibility for owning the execution of each transition activity; <br />d. Assigns responsibility for all supporting roles for each transition activity; <br />e. Includes timelines detailing expected durations for each transition activity; <br />f. Is documented and available to all entities associated with providing services under the Contract; <br />g. Ensures appropriate subject matter experts are assigned to plan development; and <br />h. Identifies termination risks associated with transitioning the services. <br />EXHIBIT 1