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TERMS AND CONDITIONS 1. Coordination/Administration of Contract: COUNTY'S OC Community Resources Director or designee (hereinafter referred to as "DIRECTOR"), and OC Community Services/Community Investment Division/Orange County Development Board Executive Director or Designee (hereinafter referred to as "COUNTY'S PROJECT MANAGER") shall assume responsibilities through coordinating the grant under the Act, its Regulations, and the WIOA Services provided by the COUNTY. The COUNTY'S CONTRACT MANAGER (hereinafter referred to as "CONTRACT MANAGER") shall administer this CONTRACT as is necessary or reasonable to comply with COUNTY policies. 2. Purpose: The purpose of the program funded by this CONTRACT is to provide workforce innovation activities that increase employment, retention, earnings and occupations skill attainment through local workforce investment systems to those seeking employment. Additionally, this program is funded to increase the effectiveness of local and regional business through business improvement and development activities, job matching, and other services. All services are intended to improve the quality of the workforce and enhance the productivity and competitiveness of Orange County and the United States. CONTRACTOR shall ensure that the program funded hereby shall comply with this purpose. 3. Term of Contract: The effective term of this CONTRACT shall commence on July 1, 2016 and terminate on June 30, 2018, subject to the provisions of this CONTRACT; however, CONTRACTOR shall perform such duties extending beyond this term, including but not limited to obligations with respect to indemnification, audits, monitoring, reporting and accounting. Pursuant to the provisions contained herein, the CONTRACT may be terminated earlier. 4. Contingency of Funds: CONTRACTOR acknowledges that the obligations of COUNTY under this CONTRACT are contingent upon the availability of federal and/or State funds as applicable and inclusion of sufficient funds for the services hereunder remains in effect or operation. In the event that such funding is terminated or reduced, CONTRACT MANAGER may immediately terminate this CONTRACT, reduce COUNTY'S maximum obligation, or modify this CONTRACT, without penalty. The decision of CONTRACT MANAGER shall be binding on CONTRACTOR. CONTRACT MANAGER shall provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately comply with DIRECTOR's or CONTRACT MANAGER's decision. 5. Program Income: COUNTY'S maximum obligation herein shall be reduced by the amount of any program income earned by CONTRACTOR, from sources other than COUNTY, as a result of this CONTRACT or the services provided by CONTRACTOR pursuant to this CONTRACT. It shall be the responsibility of CONTRACTOR to inform the COUNTY in writing of any income earned as a result of this CONTRACT. It is mutually understood that the State or Federal agency responsible for providing the funding for this CONTRACT may designate certain revenue of CONTRACTOR as Program Income. To be designated as Program Income and therefore, as other than a cost off -set. CONTRACTOR shall do all of the following: A. Submit a plan to the PROJECT MANAGER for use of any all proposed Program Income; and B. Set-up and maintain a separate bank account for any proposed Program Income and account for any and all such income received: County of Orange Page 6 of 37 City of Santa Ana OC Community Resources Contract FYs 201-j-}2 { NS—fessional-Mi Contract # 16-28-0039-R WS