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HomeMy WebLinkAboutCALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT (2) rl ,o lIt' C;E NOT FiE; fil> Ft A-2018-180-02 WORK MAY PROCEED L Ilk or COUNC v WIOA SUBGRANT AGREEMENT SUBGRANT NO: AA111027 MODIFICATION NO: New Santa Ana Workforce Development Board SUBRECIPIENT CODE: SAN UNIQUE ENTITY NO: 083153247 li INDIRECT COST RATE: ca c„ PASS-THROUGH ENTITY: SUBRECIPIENT: Santa Ana Workforce c State of California Development Board C'2 Employment Development Dept. 801 W.Civic Center Drive • Central Office Workforce SANTA ANA,CA 92701 _) Services Division GOVERNMENTAL P.O.Box 826880, MIC 69 Sacramento,CA 94280-0001 ENTITY: Yes This-Subgrant Agreement-1oenterod-into-by-and-between-the-Bute 4f Galifomia;-Employment Development -- _, _____.._, Department, hereinafter the Pass-through Entity,and the Santa Ana Workforce Development Board,hereinafter the Subrecipient. The Subrecipient agrees to operate a program in accordance with the provisions of this Subgrant and to have an approved Workforce Innovation and Opportunity Act(WIOA)Local Plan for the above named Pass-through Entity filed with the Pass-through Entity pursuant to the WIOA.This modification consists of this sheet and those of the following exhibits,which are attached hereto and by this reference made a part hereof: Funding Detail Chart General Provisions Youth Formula Rd 1 ALLOCATION(s) PRIOR AMOUNT $0.00 The Pass-through Entity agrees to reimburse the INCREASE/DECREASE: $828,120.00 Subrecipient not to exceed the amount listed TOTAL: $828,120.00 hereinafter TOTAL' TERM OF AGREEMENT Terms of Exhibits are as From:4/1/2020 To:6/30/2022 designated on each exhibit PURPOSE: To initiate Program Year(PY)2020-21 WIOA Subgrant and incorporate WIOA Youth formula funding under grant code 301. Term of these funds is from 04/01/2020-06/30/2022, APPROVED FOR PASS-THROUGH ENTITY(EDD) APPROVED FOR SUBRECIPIENT(By Signature) (By Signature) 7 an r%L /'i"(-(:!(/CG/'/'LCJ/tCL U�d2 Name and Title Name and Title JAIME GUTIERREZ CHIEF , CENTRAL OFFICE WORKFORCE SERVICES Kristine Ridge, Ci y Manage ~�r DIVISION I hereby certify that to my knowledge,the budgeted This agreement does not fall within the meaning of Section funds are available for the period and purpose of 10295 of Chapter 2 of Part 2 of Division 2 of the Public expenditures as stated herein Contract Code of the State of California and pursuant to 58 OPS Cal.Atty. Gen 586,is exempt from review or approval of the Dept.of General Services and the Dept.of Finance , Signature of EDD Accounting Officer '? 42'r Li: Dai aUtlgol hunt 1100 Fund:0009 audgpmry AUoehmanl'.No CLERK OF THEE COUI� F Clerk of the Counciill Chaplar. Stamm:2020 et 20121v �� P OVED AStORht RECOMMENDED FOR APPROVAL: 11 n cc-et_; 1 _J�_ _ __.__ _..__-__ '' ...._...� �!I C) �., Page 1 of 38 _ _ ti }tVA r HOSE ' Steven A.Mendoza s Istant ty Attorney community Develnnment Fx pro Nur.Ihrermr SUBGRANT AGREEMENT SUSGRANT NO:AA111027 FUNDING DETAIL SHEET MODIFIQATION NO:New Santa Arta Workforce Development Board I.Allocation Funding Source Prior Amount Increase Decrease Adjusted Allocation WIANWI.OA Formula 96101 301 Youth Formula Rd 1 $0.00 $828,120.00 $0;00 $828,120.00 04/01/2020 to 06/30/2022 prog/Elemant 61190 Ref 101 Fed OatIg 17.259 Total WIAIWIOA Formula $0,00 $828,120,00 $.0.00 $828,120.00 Grand Total: $0.00 $828,120.00 $0,00 $828,120.00 k, All reeerenCes are to the Workforce hinooet"ion and opportunity Act of 2014, Title r, unless Page 2 of 16 otherwise noted. For modifications purposes only. All other terms and conditions of this exhibit ..nb nnl nAn,f NnrM'w +in nnnM nnrvaA NARRATIVE SUBGRANT NO:AA111027 MODIFICATION NO:0 SUBRECIPIENT:Santa Ana Workforce Development Board FAIN NO:AA-$4757-20-55-A•6 FEDERAL AWARD DATE:6/27/2020 FUNDING SOURCE:Youth Formula Rd 1-301 TERM OF THESE FUNDS:04/01/2020-06/30/2022 Use of funds added by this modification Is limited to this period and additionally limited by the recapture provisions applicable to this funding source.The state may at its discretion recapture funds obrigate_cLunderi4 s rhiblt,lt_expertditintpr c._ere otbeingaistr PROGRAM NARRATIVE The purpose of this action is to initiate this Local Area's new Program Year(PY)2020/2/ Workforce Innovation and Opportunity Act(WIOA)Title I subgrant:agreement and to Incorporate WIOA Youth formula funding Into Graht Code(GC) 301.The amount In GC 301 represents this Local Area's entire youth formula allocation for PY 2020/21,The term date for these funds is April 1,2020 through.June 30,2022. FAIN AA-34757-20- 55-A-6.The Local Area will operate the WIOA program in accordance with the approved Workforce Innovation and Opportunity Plan on file In the Central Office Workforce Services Division of the Eniployment.Development Department, P.O, Box 826982, MIC 50, Sacramento,CA 92480.0001. :This exhibit adds to and does not replace the terms and conditions of any other exhibit Included In this ;agreement which terms and conditions.remain In full force and effect. • WIC% (2015) '.. Page 3 of 14 Subreclpient:Santa Ana Workforce Development Board Subgrarit No:AA111027 Modification No:New WICA SUBGRANT AGREEMENT 1. Compliance in.performance of this subgrantagreement, Subreolpient will fully comply with: a.The provisions of the Workforce Innovation and Opportunity Act(WIOA), (29 U.S.C.§§3101-3361 (2014),WIOA Final Regulations,and.all legislation, regulations, directives, policies,procedures and amendments Issued pursuant thereto, b.Alt State legislation and regulations to the extent permitted by federal law and all policies,directives and/or procedures,which implement WIOA. • o. Title 2, COde of Federal Regulations(C.F.R,)part 200(Office of Management and Budgt Guidance)rulesari 61ffeej. .d.Title 2, C.F.R.Part 29.00(Uniform Administrative Requirements,Cost Principles, end Audit Requirements for Federal Awards)[Uniform Requirements]. e.The provisions of the Jobs for Veterans Act(Pub. L.No, 107266)as the law applies to Department of Labor'(D.CL)job training programs. f, Subreclpient will ensure diligence in managing programs under this subgrant agreement,Including performing appropriate monitoring activities and taking prompt corrective action against known.vlolatlons of WIOA.. 2, Certifications,Assurances, Standards Except as otherwise indicated, the.Subrecipient agrees to comply with the • certifications,assurances and standards set.out in Exhibit A:Certifications and Assurances,Exhibit B: intellectual Property Provisions and Exhibit C:Confidentiality Requirements. Failure to comply with all requirements of the certifications,assurances and standards may result in suspension of payment under this subgrant agreement or termination of this subgrant agreement or both,and the Subreciplent may be ineligible for award of future state subgrant agreementslcontractsif the Pass-through Entity determines that arty of the following has occurred: a,false information on the certifications,assurances and standards,or b.violation of the terms of the certifications,assurances arid standards by failing to comply with the requirements noted in Exhibits A, B and C. 3. Funding it is mutually understood between the parties that this subgrant agreement may have been written before ascertaining the availability Of congressional and legislative appropriation of funds,for the mutual benefit of both parties,In order to avoid program and fiscal delays which would odour if the subgrant agreement was executed after that determination was made. a.This subgrant agreement is valid and enforceable only if • I. sufficient funds are made available by the State Budget.Act of the appropriate state fiscal years covered by this subgrant agreement for the purposes of this Program,end O. 'sufficient funds are made available to the state by the United States Government for the fiscal years covered by this subgrant agreement for the purposes of this program..in addition, this subgrant agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress and Legislature orany statute enacted by the Congress and Legisialure.which may affect the provisions,terms,or funding of this subgrant agreement in any manner. b.At the expiration of the terms of this subgrant:agreement or upon termination prior to the expiration of this subgrant agreement,funds not obligated for the purpose of Page 4 of 16 1 this subgrant agreement will be immediately remitted to the Pass-through Entity,and no longer available tothe Subreelpient, o.The Pass-through Entity retains the right to suspend financial assistance,in whole or In part,to protect the integrity of the funds or to ensure proper operation of the program,providing the Subreciplent is given prompt notice and the opportunity for an informal review of the Pass-through Entity's decision.The EDO Chief Deputy Director or his/her designee.will perform this informal review and will Issue the final administrative decision'within 60 days Of receiving the written request for review, Failure on the pad of the Subreciplent or a Subcontractor of the Subreciplent to comply with the provisions.of this subgrant agreement,or with WIOA or other applicable regulations,when such failure Involves fraud or misappropriation of funds,may result in immediate Withholding of funds, d. If appiioable,the chief elected official(CEO)of a unit of general legal government designated as a Local Workforce Development Area shall be liable to the Pass-through Entity for all funds net expended In accordance with WIOA,and shall return to the Pass-through Entity ail of those funds. If there is more than one unit of general IC7-cal-goVemilen"t-ih3-Local-area-thz-GE0+(a^)-w111-b.e-the-individtre fierdesigneted under an agreement executed by the CEOs)of the local units of government.The CEO(s)designated under the agreement shall be liable to the Pass-through Entityfor all funds not expended in accordance with WIOA,and shall return to the Pass-through Entityall.'otthose funds, 4. Insurance a. Except for city and county governmental entitles,Subrecipients must provide the Pass through Entity evidence of the coverage'specified in paragraphs(I),(ii),(Hi) and(iv)below. The evidence of coverage shall include the registration number of the subgrant agreement for identification purposes, I. Subreciplent will obtain a fidelity bond in an amount of not less than , prior to the receipt of funds under this subgrant agreement. If the bond Is-canceled or reduced, Subrocipient will immediately notify the Pass- through Entity, In the event the bond is canceled or revised,the Pass-through Entity will make no further disbursements until It is assured that adequate coverage has been obtained. - ii. .Subreciplent will provide general liability insurance with a combined limit of $1,000,000,or public liability and,property damage coverage with a combined limit of not less than$1;000,000, III.Subreciplent will provide broad form automobile liability coverage with limits as set forth in (ii)above,which applies to both owned/leased and non-owned automobiles used by the Subreciplent or its agents In performance of this subgrant agreement,Or, in the event that the Subreciplent will not utilize owned/leased automobiles but intends to require employees,trainees or other agents to utilize their own automobiles In performance of this subgrant agreement,Subrecipieht will secure and maintain on file from all such employees,trainees or agents a self-certification of automobile Insurance coverage. Iv. Subreolplent will provide workers'compensation insurance,which.complies with provisions of'the California Labor Code,covering all employees of the Subreciplent and all participants enrolled in work experience programs, Medic.'al and Accident Insurance will be earned for those participants not qualifying as "employee"(§3350,et seq.of the California Labor Code)for workers' compensation. v. The Pass-through Entity will be named as"Certificate Holder"of.policies secured In compliance wIth paragraphs(I),(II), (Ili)and(iv)above and will be provided certificates of Insurance or insurance company"binders"prior to any disbursement of fluids under this subgrant agreement,verifying the insurance requirements have been compiled with. The coverage noted in paragraphs(ill) and(iv)above mustcontainthe following clauses: 1.Insurance coverage will not be canceled•or changed-unless•30 days prior to theeffactive date of cancellation or change written notice Is sent by the Subrecipient to:Employment Development Department,Central Office Workforce gaga 5 of 16 • Services Division Financial Management Unit,.P.O.B.ox826580,MIC 69, Sacramento,CA 94280-0004. 2.State of California,Its officers,agents,employees, and servants are included as additional insured, but only Insofar as the operations under this subgrant agreement are concerned. 3,State of California Is not responsible for payment of premiums or assessments on this policy. • • vi. Subreolpient agrees that the liability Insurance herein provided forshali be in effect at all times during the term of this subgrant agreement', in the event said insuranca coverage expires at anytime or times during the time of this contract,the Subrecipient agrees to provide,at least 30 days before said expiration date,a new certificate of insurance evidencing insurance coverage as provided for herein.for not less than the•remainder of the term of.the subgrant agreement or for a period of not less than one year.New certificates of insdrar1e-te-subjectic-the eppanflt of the Paes4bitifelMtity,and the Sdbreciplent agrees that no work or services shall IA performed prior to such approval.The Pass-through Entity may,in addition to any other remedies it may have,terminate this subgrant agreement should Subrecipient fall to comply with these provisions. 5. Resolution A county,citty, district or other local public body must provide the state with a dopy of a resolution, order,motion, or ordinance of the local governing body which by law has authority to enter into an agreement,authorizing execution of this subgrant agreement.Preferably resolutions should authorize a designated position rather than a named Individual. 6. Procurement Standards The Subrecipient:must use the methods of procurement in accordance with 2 C.F.R. §200.320.. 7. Grievances and Complaint System Subrecipient will establish and maintain a grievance and complaint procedure In compliance with the WIOA section 181,OMB Guidance, Uniform Requirements, federal regulations and'state statutes,regulations and policy, 8. Remedies for Non-Compliance If the Subrecipient faits to comply with Federal statutes,regulations or the terms and conditions of a Federal award, the Pass-through Entity may impose additional conditions, as described in 2 C.F.R.§200.207,Specific conditions.If the Pass-through Entity determines that noncompliance cannot be remedied by Imposing additional conditions,the • Pass-thrbugh Entity may take one or more of tho•follawing actions listed In 2 C.F.R. §200.338, 9. Disallowed Costs Except to the extent that the state determines it will assume liability;the Subreciplent will be liable for and will repay to the Pass-through Entity,any amounts expended under this subgrant agreement found not to be in accordance with WIOA including,but not limited to,.disallowed costs. Such'repayment will be from.funds(Non- Federal), other than those received under the WIOA. 10.Termination This subgrant agreement may be terminated In whole or in part for either of the two •following circumstances; Page 6 of 16 a.Termination for Convenience-Either the Pass-through Entity or the Subrediplentniay request a termination,In whole orin part, for convenience.The Subreciplent will We a ninety'(90)calendar-day advance notl'ce in writing to the Pass-through Entity.The Nee-through Entity will give a ninety(90)calendar-day advance notice in writing to the Subreciplent. b.Termination for Cause-The Pass-through Entity may terminate this.eubgrant agreement In whole.or in part when It has determined that the Subreciplent has substantially • violated a specific provision of the WICA, regulations,the Uniform Guidance or • Implementing.state legislation and corrective action has not been taken. All notices of termination must be In writing and be delivered personally or by deposit In the U. S,Mall,postage prepaid,"Certified.Mail-Return Receipt Requested",and will be deemed to have been given at the time of personal delivery or Of the date of postmark by the U.S.Postal Service. Notices to.the Subrecipfent will be addressed to: Deborah Sanchez Director!Adminishator • Santa Ana Workforce Development Board 80.1 W. Civic Center Drive • SANTA ANA,CA 92701 Notices to the Pass-through Entity will be addressed for • • Employment Development Department • Central Office Workforce Services Division • Financial Management Unit P.O. Box 826880, MIC 69 Sacramento,CA 94280.0001 le.Audit Requirements. a.The Subreciplent will maintain and make available to auditors,at all levels, • accounting and program records Including supporting source documentation and cooperate with all auditors.All governmental and non-profit organizations must follow the audit requirements(single audit or program-specific audit.requirement)of • OMB Guidance,and Uniform Requirements. • - b.The Subreclpient and/or auditors performing monitoring or audits of the Subreclpient or its sub-contracting service providers will Immediately report to the Pass-through Entity any Incidents of fraud,abuse crother criminal activity In relation to this subgrant agreement,the WIOA,or its regulations, 12.Entire Agreement This subgrant agreement contains the entire agreement of the.parties and supersedes all negotiations,verbal or otherwise end any other agreement between the parties hereto. • This subgrant agreement is not intended to and will not be construed to create the relationship of agent, servant,employee,partnership,joint venture or association between the Pass-through Entity and the Subreciplent.Subreclpient represents and warrants it is free to enter into and fully perform this subgrant agreement. 13.'Unenforceable Position • In the event that any'provision of this subgrant agreement Is unenforceable or held;to be unenforceable,then the parties agree that all other provisions of this subgrant agreetent have force and effect and shall not be affected hereby. • 14.Accounting and Cash Management a.Subreclplent will comply with controls,record keeping and fund accounting procedure. requirements of WiDA,federal and state regulations, and directives to ensure the • proper disbursal of,and accounting for, program funds paid to the Subreciplent and disbursed by the Subrecipfent,under this subgrant agreement. • Page 7 of 16 b.Subreciplent will submit requests for cash to coindlde with immediate cash needs and assure that no excess cash is on deposit In their accounts or the accounts of any sub-contracting service provider In accordance with procedures established by the Pass-through Entity.Failure to adhere to these provisions may result In suspending cash draw down privileges end providing funds through a reimbursement process. c.The Pass-through Entity retsina the authority to adjust specific amounts of cash requested if the Pass-through Entity's records and subsequent verification with the Subreoipient indicate that the Subreciplent has an:excessive amount of.cash in Its account. d.Income (including interest Income)generated as a result of the receipt of WIOA activities,will be utilized in accordance with policy and procedures established by the Pass-through Entity.Subreciplent will account for any such generated income separately. e.Subreciplent shall not be required to maintain a separate bank account but shall separately account for WIOA funds on deposit.All funding under this subgrant agreement,will be made by check or wire transfer payable to the Subreciplent for usp s imSui re 'plants-berm account-or-my aria county governmental bank -- accounts. To provide for the necessary and proper internal controls,'funds should be withdrawn and disbursed by no less than two representatives of the Subreciplent.The Pass- through Entity will have a lien upon any balance.of WIOA funds In these accounts, which will take priority over all other liens or claims. 15.Amendments This subgrant agreement may be unilaterally modified by the Pass-through Entity under the following circumstances: a.There is an Increase or decrease in federal or state funding levels. b.A modification to the Subgrant is required in order to implement an adjustment to a Subrecipient's plan. c. Funds awarded to the Subreciplent have not been expended In accordance with the schedule included in the approved Subrecipient's plan.After consultation with the Subreciplent,the Pass-through Entity has determined that funds will not be spent In a timely manner,and such funds are for that reason to the extent permitted by and in a manner consistent with state and federal law,regulations and policies, reverting to the Pass-through Entity. d.There is a change In state and federal law or regulation requiring a change in the provisions of this subgrant agreement, e.An amendment is required to change the Subredip€enes name es listed on this subgrant agreement.Upon receipt of legal documentation of the name change,the state will process the amendment, Payment of invoices presented with a new name cannot be paid prior to approval of said amendment Except as provided above, this subgrant agreement may be amended only In writing by the mutual agreement of both parties, 16.Reporting Subreciplent will compile and submit reports of activities,expenditures,status of cash, and closeout information by the specified dates as prescribed by the Pass-through Entity.All expenditure reports must be submitted upon the accrual basis of accounting, Failure to adhere to the reporting requirements of this agreement will result In funds not being released. 17,Records a.If participants are served under this subgrant agreement, the Subreciplent will establish a participant data system as prescribed by the Pass-through Entity, b.Subreciplent will retain all records pertinent to this subgrant agreement for a period of three years from the date of final payment of this subgrant agreement. If, at the end of three years,there is litigation or an audit involving those records, the Subreciplent will retain the records until the resolution of such litigation or Page 8 of 16 audit:Refer to OMB Guidance,Subpart D,Part 206.333-200.,337. a, The Pass-through Entity and/or the DOL,or their designee(refer to OMB Guidance, section 200,336)will have access to and right to examine,monitor and audit all records, documents,condltlons.and activities.releted to programs funded by this subgrant agreement. For purposes of this section,"access to"means that the Subrecipient shall at all times maintain within the State of California a complete set of records and documents related to programs funded by this agreement.The Subrecipient shall comply with this requirement regardless of whetherit•ceases to operate or maintain a presence within the State of California before the expiration • of the subgrant. Subrecipient's performance under the terms and conditions herein • specified will be subject to an evaluation by the Pass-through Entity of the adequacy of the services performed, timeliness of response ends general impression of the competency of the firm and Its staff. 18, Subcontracting to-Any-of-Om work-arssaMta"speCifi66-in this a fogrant agreement-which'will be performed by other than by the Subreoipient will be evidenced by a written agreement Specifying the terms and conditions of such performance. • b.The Subrecipient will-maintain and adhere to an appropriate system,consistent with federal,state and local law,for the-award and monitoring of contracts which contain acceptable standards for ensuring a accountability, a. The system for awarding contracts will contain.safeguards to ensure that the Subrecipient does not contract with any entity whose officers have been convicted of • fraud or misappropriation of funds within the last two years.. 19.Conflicts a. Subrecipient will cooperate in the resolution Of any conflict with the DOL that may occur.irom•the activities funded under this agreement. b. In the event of a dispute between the Pass-through Entity and the Subrecipient over any part of this subgrant agreement,the dispute may be submitted to non-binding arbitration upon the consent of both the Pass-through.Entity and the Subrecipient.Art election for arbitration pursuant to this provision will not preclude either party from pursuing any remedy for relief otherwise.available. 20. Indemnification. a.The following provision applies only if the Subrecfplent Is a governmental entity: Pursuant to California Government Code§805.4, each party agrees to Indemnify and • hold the other party harmless from aU liability for damage to persons or property arising out of or resulting from acts or omissions of the indemnifying party. b.The following provision applies only if the Subreoipient Is a non-governmental • entity: The Subrecfplent agrees to the.extent permitted by law,to indemnify,defend and.hold harmless the Pass-through Entity,its officers,agents and employees from any and all claims and losses accruing or resulting to any and all contractors,subcontractors, materials persons,laborers and any other persons, firms or corporations,furnishing or&Applying work,services,materials, or supplies In connection with the performance of this agreement,and from any and all claims and losses accruing or resulting to any persons,firms Or corporations which may be Injured.or damaged by the Subrecipient in the performance of this subgrant agreement. 21.Signatures This subgrant agreement is of no force and effect until signed by both of the parties hereto.Subrecipient will not commence performance prior to the beginning of this r subgrant agreement. v Contact Information for the awarding official of the Pass-through Entity: Page. 5 of 16 Name:Jaime Gutierrez Title: Division Chief Address: P,O. Box 826880, MIC 60 Sacramento,CA 94280-0001 Exhibit A Certifications and Assurances a.Corporate Registration:The Subrecipient,if It is a corporation,certifies It is registered with the Secretary of the State of California, b,Americans with Disabilities Act(ADA): Subrecipient assures that it complies with the ADA of 1990, which prohibits discrimination on the basis of disability,as well as all applicable regulations end guidelines Issued pursuant to the ADA,(42 U.S.C. § 12t01 et saq,) c.Sectarian Activities:The Subrecipient certifies that this subgrant agreement does not provide for the advancement or aid to any religious sect,church or creed,or sectarian purpose nor does it help to'support or sustain any school,college, university,hospital or other institution controlled by any religious creed,church, or sectarian denotnination whatsoever,as specified by Article XVI„Section 5,of the Constitution,regarding separation of church and state, d.National Labor Relations Board certification Subrecipient certifies that no more than one(1)final unappeasable finding of contempt of court by a Federal court has been issued against Subrecipient within the immediately preceding two.year period because of Subreolpient's.failure to comply with an order of a Federal court,which orders Subreclplent to comply with an order of the National Labor Relations Board.(Pub. Contract Code§ 10296)(Not applicable to public entities.) e. Federal Funding Accountability and Transparency Act(FFATA): By signing this subgrant agreement, Subrecipient hereby assures and certifies to comply with the provisions of FFATA, which includes requirements on executive compensation,and r- ' requirements implementing FFATA at 2 C.F.R. part 26 and 2. C.F.R.part 170. f. Prior Findings:Subrecipient, by signing this subgrant agreement,certifies that It has not failed to satisfy any major condition In a current or previous subgrant agreement with the DOL or theState of California and has not felled to satisfy conditions relating to the resolution of a final finding and determination, Including repayment of debts. g. Drug Free Workplace requirement Subreclpient will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: 1. Publish a statement notifying employees that unlawful manufacture,distribution, dispensation,possession or use of a.controlled substance is prohibited and specifying actions to be taken against employees for violations. 2. Establish a Drug-Free Awareness Program to inform employees about: I. the dangers of drug abuse in the workplace; I the person's or organization's policy of maintaining a drug-free workplace; ill.any available counseling, rehabilitation and employee assistance programs; and, Iv. penalties that may be Imposed upon employees for drug abuse violations, 3, Every employee who works on the proposed subgrant agreement will: i, receive a copy of the company's drug-free workplace policy statement;and, IL agree to abide by the terms of the company's statement as a condition of employment on the subgrant agreement. 4. Failure to comply with these requirements may result in suspension of payments under this subgrant agreement or termination of the subgrant agreement or bath and Subrecipient may be Ineligible for award of any future subgrant agreements if the Pass-through Entity determines that any of the following has occurred:the Page 10 of 16 • • Subrecipient has made false certification;orviolated the certification by falling to carry out the.requirements as noted above,(Gov.Code.§8350 et seq.) (." h. Expatriate Corporations:Subrecipient hereby declares that It is notan expatriate corporation or subsidiary of an expatriate corporation within the moaning of Public Contract Code§§10286 and 10286.1,and is eligible to contract with the State of California, I.Priority Hiring considerations:If this subgrant agreement includes services in excess of$200,000,the Subrecipient shall give priority consideration in filling vacancies in positions fUnded by the subgrant agreement to qualified recipients of aid under Welfare and Institutions Code§ 11200 in accordance with Pub.Contract Code §10353. j.Sweatfree Code of Conduct: 1. All Subreciplents contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, mateda!ever-supN",vcrat;o,-thali-proou a ant re.aiat-Sic a tiNic works contract,declare under penalty of perjury that no apparel,garments or corresponding accessories,equipment,materials,or supplies furnished to the state pursuant to this subgrant agreement have been laundered or produced in whole or in part by sweatshop labor,forced labor, convict labor, indentured labor under penal sanction,abusive farms of child labor or exploitation of • • children in sweatshop labor,or with the benefit of sweatshop labor,forced labor,.convict labor,Indentured labor Under penal sanction, abusive forms of child labor or exploitation of children In sweatshop Labor.The Subreolpient further declares under penalty of perjury that they adhere to the Sweatfres Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca,gov,and Public Contract Code§6108. • 2, The Subrecipient agrees to cooperate fully in providing reasonable access to the • Subrecipient's records,documents,agents or employees,or premises if reasonably required by authorized officials of the contracting agency,the • r,. Department of industrial Relations,or the Department of.Justice to determine the • contractor's compliance with the requirements under paragraph (1). • • k.Child-Support Compliance: For any Agreement in excess of$100,000, the Subrecipient • acknowledges In accordance with Public Contract Code§7110,that 1. The Subrecipient recognizes the Importance of child and family support obligations and shall fully comply with all applicable state and federal laws • relating to child and family support enforcement, including,but not limited to, disclosure of Information and compliance with earnings assignment orders, es provided In Chapter (commencing with§•5200)of Part 5 of Division g of the Family Code;and • 2. The Subrecipient,to the best of its knowledge Is fully complying With the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Pass-through Entity, • I.Alr/Water Pollution violation certification: Under the State.laws,the Subrecipient shall not be: 1. in violation,of any order or resolution not subject to re4lew promulgated by the • State Air Resources Board or an air pollution control district; • 2. subject to cease and desist order not subject to review Issued pursuant to § 13301 of the Water Code for violation of waste discharge requirements or • discharge prohibitions;or 3, finally determined to be in violation of provisions of federal law relating to • air or water pollution. m,Clean Air Act: Subrecipient agrees to comply with all applicable standards,orders or regulations Issued pursuant to the Clean Air Act(42 U.S.C.§§7401-7671q)and the • Federal Water Pollution Control Act as amended{33 U.S.C.§§1251-1387). n. Domestic Partners: For contracts over$100,000 executed or amended after January 1, 2007,the Subrecipient certifies that it is in compliance with Public Contract Coda Page 11 oe 16 1 • §10295.3. o, Debarment.and Suspension Certification: By signing this subgrant agreement,the Subrecipleet hereby certifies under penalty of perjury under the laws of the State of California that the Subreol'plent will comply with regulations implementing Executive Orders 12549 and 12889, Debarment and Suspension and QMB Guidance 2 CFR Part 180, that the prospective participant(Le.,•Subreclpient),to the best of Its knowledge and belief,that it and its principals: 1. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered:transactions by any federal department or agency. • 2. Have not within a three-year period preceding this subgrant agreement been • convicted of or had a civil Judgmeritrendered against them for commission of • fraud or a.criminal offense in connection with obtaining,attempting to obtain, or petforining a public(federal,state or local)transaction or contract under a public transaction,violation of federal or state antitrust statutes,or eentithelen-oeembelerrierittheriffergery,bribery,faisittdetiefir ut destruction of records, making?ales Statements,or receiving stolen property. 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity(federal,state or local)with commission of any of the offenses enumerated in Section 2 of this certifloatioh. 4. Have not within a three-year period preceding this subgrant agreement had one or • more public transactions(federal„state or local)terminated for cause of default. Where the Subreoiplent is unable to certify tp any of the statements in this certification,such prospective participant shall attach an explanation to this agreement. p..Lobbying Restrictions:By signing this subgrant agreement, the.Subreclpient hereby assures and certifies to the lobbying restrictions In 2 C.F.R.§200.450,29 CFR Part = 9aand in the Byrd Anti-Lobbying Amendment(31 U.S.C. 61352). 1. No federal appropriated funds have been paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee. • of an agency, a Member of Congress,an'officer or employee of Congress,.or an • employee of a Member of Congress,In connection with'this federal contract,grant loan,or cooperative agreement,and the extension,continuation, renewal, amendment,or modification of any federal contract,grant, loan,or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for Influencing'or attempting to influence an officer or employee of any agency, a Member of Congress,and officer or employee of Congress,or an employee of a Member of Congress.In connection with this subgrant agreement,the • • undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying"In accordance with its instructions. • .3, The undersigned shall require that the language of the lobbying restrictions be included En the.award documents for subgrant agreement transactlons.over$100,000 • (per OMB)at all tiers(Including subgrant agreements, contracts and subcontracts,.under grants,loan,or cooperative agreements),and that all subreciplents shall certify and disclose accordingly, 4, This certification Is a material representation of fact upon which reliance Is placed when this transaction is executed. Submission of the Lobbying Certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title.31, U.S.Code. Any person who fails to file the required certification.shall be subject to a civil penalty of not less than $10,800 and not more than$100,000 for each failure. q,Nondiscrimination Clause, 1. As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA,the Subreclpient assures that it has the ability to comply with the nondiscrimination end equal opportunity provisions.of the following laws Wags 12 of 16 '..• and will remain in compliance for the duration of the award of federal financial • assistance: • i, Section tag of the Workforce Innovation and Opportunity Act(WIOA),which • prohibits disorimination.agalnst all Individuals in the United States on the basis of race,color,religion,sex(Including pregnancy, childbirth)and related medical conditions,tranagender status and gender identity), national Origin (limited English proficiency),age,disability,political affiliation or belief, and against beneficiaries on the basis of either • citizenship status or participation in.any WIOA Title kfinahcially assisted program or activity; II. Title Vl of the Civil Rights Act of 1964,,as amended,which prohibits discrimination on the bases of race,color and national origin; • ill. Section 604 of the Rehabilitation Act 6f 1973,as amended; which prohibits discrimination against qualified individuals With disabilities; 1v, The Age Discrimination Act Of 1975,.as amended,Which prohibits u scrim 'atiotrorr therbasis-age;' d v. Title IX of the.Education Amendments of 1.972,as amended,which prohibits discrimination on the basis of sex in educational programs. The Sdbrecipient also assures that, as a recipient of WIQA Title (financial assistance, It will comply with 29 CFR part 3S and all other regulations implementing the laws gated above. This:assurance applies to the Subreciplent's operation of the Wi.QA Title I-financially assisted program or activity,and to ail agreements the Subreclplent.makes to carry out the WIOA Title 1-financially assisted program or • activity,The Subrecipient understands that the United States has the right to seek Judicial enforcement of this assurance. r.Avoidance of Conflict of Economic Interest:An executive or employee of the Subrecipient,.an elected official in the area or a member of the Local Board,will not solicit or accept money or any other consideration from a third person,for the performance of an act reimbursed in whole or part by the Subrecipient.or Pass- e. through Entity.Supplies,materials,equipment or services purchased with subgrant • agreement funds will be used solely for purposes allowed under this subgrant. agreement. No member of the Local Board will cast a vote.on the provision of services by that member(or any organization,which that member represents)or vote on any matter which would provide direct financial benefit to that member(or immediate family of the member)or arty business or organization which the member directly represents. Exhibit B Intellectual Property Provisions Federal.Funding • Pursuant to 2 CFR 200.315,In any subgrant funded in whole or in part by the federal government, Pass-through Entity acquires the title to intangible property,as defined in 2 CFR 200.59 as including Intellectual Property,which results directly or Indirectly from the subgrant,The federal government shall have a royalty-free, non-exclusive and irrevocable right to reproduce, publish,or otherwise use the Intelleetuai Property for Federal purposes,-and to authorize others to do so.Additionally,pursuant to 2 CFA 2900,13, Intellectual Property developed under this subgrant will be licensed under a Creative Commons Attribution license,which'allows subsequent users to copy,distribute,transmit and adapt the.copyrighted work and requires such users to attribute.the work in the manner specified by the Pass-through Entity, • Exhibit C Confidentiality Requirements The State of California.and the Subrecipient will exchange various kinds of Information pursuant tothis.subgrant agreement.That information will Include data,applications, Page 13 of 16 program files,and databases.These data and information are confidential when they define • an Individual or an employing unit er when the disclosure is restricted or prohibited by any provision of law. Confidential Information requires special precautions to protect It from unauthorized use, access,disclosure,modification,and destruction,The sources of Information may include, but are notlimited to,the EDD,the California Department of Social Services,the California Department of Education,the California Department of Corrections and Rehabilitation,the County Welfare Department(s), the County IV-0 Directors Office of Child.Support,the Office of the District Attorney,the California Department of Mental Health,the California Office of Community Colleges and the Department of Alcohol and Drug Programs. The Pass-through Entity and Subrecipient agree that: • a. Each party shall keep all Information that Is exchanged between them In the.striotest confidence and makesuch Information available to their own employees only on a "need-to-know"basis, N Each-party-s hal'rprovide secu ity suflctent to ensure protection of confidential information from improper use and disclosures,Including sufiicient'administrative, • physical,.and technical safeguards to protect this Information from reasonable • unanticipated threats to the.security pr confidentiality of the Information, a,The Subreciplent agrees that information obtained-under this subgrant agreement will not be reproduced, published,sold or released in original or in any other form for any purpose other than those.specifically Identified in this agreement. 1. Aggregate Summaries: All reports and/or publications developed by the Subreclpient based on data obtained under this agreement shall contain • confidential data in aggregated or statistical summary form only."Aggregated" refers to.a data output that does not allow Identlfioation of an€ndividual or employer unit, 2. Publication: Prior to publication;Subrecipient shall carefully analyze aggregated.data outputs to ensure the Identity of individuals and/or employer units cannot be Interred pursuant to California Unemployment Insurance Code • • Section 1094(c). Personal Identifiers-must be removed.Geographic identifiers should be specified only In large areas and as needed,and variables should be. recorded in order to protect confidentiality. 3. Minimum Data Cell Size:The.minimum date cell size or derivation thereof shall • be three participants for any data table released to outside parties or to the. public. d, Each party agrees that no disaggregate data,identifying'individuals or employers, shall be released to outside parties or the public. • e.The Subreciplent shall notify Pass-through Entity's Information Security Office of any actual or attempted Information security Incidents,within 24 hours of initial detection, by telephone at(916)654-6231. Information.securityincidents include, but are not limited to,any event(Intentional or unintentional),that.causes the loss,damage,or destruction,or unauthorized access,use, modification,or disclosure of information assets. The Subreciplent shall cooperate with the Pass-through Entity in any Investigation of security Incidents,the system or device affected by an information security • Incident and containing confidential data obtained in the administration of this program shall be immediately removed.from operation upon confidential data exposure or a known security breach. It shall remain removed from operation until correction and mitigation measures are applied. If the Subrecipient learns of a breach in the security of the system which contains confidential data obtained under this Subgrant,then the Subreciplent must provide notification to Individuals.pursuant to California Civil Code Section 1798.82, • The Subrecipient shall be responsible for all costs Incurred by the Pass-through • Entity due to a security incident resulting from the Subreoiplent's failure to • perform er negligent acts of its personnel,and resulting fn an unauthorized • disclosure, release,access, review,or destruction: or loss,theft or misuse of • an information asset.if the Subrecipient experiences a loss or breach of data, Page 14 Of 16 the Subrecipient shall immediately report report the loss or breach to the Pass- through Entity, If the Pass-through Entity determines that notice to the Individuals whose data has been lout,or breached is appropriate,the Subrecipient r will bear any end all costs associated with the notice or en mitigation selected by the Pass-through Entity. These costs include,but are not limited to,staff time, material costs, postage,media announcements,and other identifiable costs. associated with the breach or loss of data. • f.The Subrecipient shall provide for the management and control of physical access to information assets(Including personal computer systems,computer terminals,mobile computing devices,and various electronic storage media)used in performance of this .Subgrant, This shall include,but is,not limited to,security measures to physically protect data,systems,and workstations from unauthorized access and malicious • activity;the prevention,detection,and suppression of fires;and the prevention, detection,and minimization of water damage, g.At no time will confidential data obtained pursuant to this agreement be placed en a rnebfie-oernputing-dovioe,yr on any form of removal e�'Cleattonic storage media of any kind unless the data are fully encrypted. h. Each party shall provide Its employees with access to confidential Information with written instructions fully disclosing and explaining the penalties for unauthorized use or disclosure of confidential Information found in Section 1798,55 of the • 1 California Civil Code, Section$02 of the California Penal Code,Section 2111 of the California Unemployment Insurance Code, Section 10850 of the California Welfare and Institutions Code and other applicable local,state and federal Iowa. i.Each party shall (where it is appropriate)store and process Information in electronic format,in such a way that unauthorized persons cannot.reasonably retrieve the information by means of a computer. J.All Subrecipient staff and subcontractors that are.provided access to any data systems of the Pass-through.Entity,excluding CaiJOBS, are required to complete and sign an Employee Confidentiality Statement(DE 7410). k, Each party shall promptly return to the other party confidential information when w. Its use ends,or destroy the confidential information utilizing an approved method of destroying confidential information:shredding,burning,or'certified or witnessed destruction, .Magnetic media are to be degaussed or returned to the Other party. I. If the Pass-through Entity or Subrecipient enters Into an agreement with a third party to provide WIOA services,the Pass-through Entity or Subrecipient agrees to Include these data and security and confidentiality requirements in the agreement with thatthird party.in no event shall said information be disclosed to any' individual outside of that third party's.authorized staff, subcontractor(s),.service providers,or employees. m.The Subreclplent may,in its operation of the America's Job Center of California (AJCC),permit an AJCC Operator to enter Into a subcontract to manage confidential information.This subcontract may allow an individual to register for resume distribution services at the same time the individual enrolls In CaIJOBS. Subrecipient shall ensure that all such subcontracts comply with the intellectual property requirements of this subgrant agreement,the,confidentiality requirements of this subgrant agreement and any other terms of this subgrant agreement that may be applicable. In addition,the following requirements must.be Included in the subcontracts: 1. All client information submitted over the Internet to t the subcontractor's databases must,be protected,at a minimum, by 128-bit Secure Socket Layer(S.51.) encryption.Clients'social security numbers must be stored in a separate database within the subcontractor's network of servers,and protected by a flrewall and a secondary database server flrewall or AES data encryption. If a subcontractor receives client social security numbers or other confidential information in the course of business,for example a resume-distribution service that provides enrollment in CaIJOBS, social security numbers must be destroyed within two days after the client registers for CaIJOBS. if a subcontractor obtains confidential Information as an agent of the Subrecipient,the subcontract must speoiflcally state the purpose for the data collection and the term of records retention must be stated,and directly related,to the purpose and use of the Information. Social security numbers and other client specific information Page tent 16 shall not be retained for more then three years after a client completes services. 2. Client Information(personal information that identifies a client such as name and social security number)and/or demographic information of a client(such as t wage history,address, and previous employment)shall not be used as a basis for commercial soiicitatipn during the time the client or agency Is using the subcontractors services.Cilent.lnformatlon and/or demographic information shall not be used for any purposes other than those specific program purposes set forth in the subcontract. 3. An MOO client must still be given the option to use the AJCQ's services, Including CaIJOBS,even If he or she chooses not to use any services of the subcontractor.This option shall be prominently,clearly and immediately communicated to the client von registration within the MCC or for CaiJOBS,the subcontractor's resume-distribution services,or any other services subcontractor offers to the client or the MCC Operator. 4. The subcontractor must clearly disclose all of its potential and Intended uses of the-clients-peraoriat-adur demugrephia'lnfarfriaiton repthe services the client seeks and for any other services the subcontractoroffers.The subcontractor shall not use a client's personal and/or demographic information without the client's prior permission.A link to the subcontractor's Privacy Polley shall appear prominently on the registration screens that list the potential and intended uses of the clients personal and/or demographic information. • 5. When the pass'through Entity modifies State automated systems such as the State CaIJOBS System,It shall provide reasonable notice of such changes to the Subrecipient.The Subrecipient shall be responsible to communicate such changes to the MCC Operator(s)In the local area. n.Each party shall designate an employee who shall be responsible for overall security and confidentiality of its data and information systems and each parry shall notify the other of any changes in that designation.As of this date,the following are those individuals: et- FOR THE PASS-THROUGH ENTITY: Name: Michael Greenlow Tide:Section Manager Address:P.O,Box 8268130, MIC 50 Sacramento,CA 94280-0001 Telephone:(916)654-9,699 Fax:(916)654.9586 FOR THE SUBRECIPIENT: Name:Deborah Sanchez • Title: Economic Develppment Specialist III Telephone: 714-565-262.1 Fax: Pogo 16 of 16