Loading...
HomeMy WebLinkAboutO.C. DEPARTMENT OF EDUCATION 2AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer2 efft&- %' N 2' 25 Return form to the Sr. Deputy Clerk of the Council (M-30). Call 61 25238 if you have4a } F„ questions. The agreement with Cyi�l�CG�i No.tt-3'!(5 was completed on O and final�ayment has been made. n n Department: Date. City of Santa Ana. Revised 8-7-03 Clerk of the Council AGREEMENT NUMBER 26171 !NSUI?�ii(I, PtUi 17!:pt!!Rt:b _ A-2003-115 6LHK Uf: COUNCIL DATE; 1)--30 -1),3 C c6P AGREEMENT WITH ORANGE COUNTY DEPARTMENT OF EDUCATION UNDER THE WORKFORCE INVESTMENT ACT THIS AGREEMENT, made and entered into this 16th day of June, 2003, by and between the Orange County Department of Education — Superintendent of Schools, hereinafter referred to as "CONTRACTOR", and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY". W-I-T-N-E-S-S-E-T-H Recitals: A. CITY has been designated a Local Workforce Investment Area (LWIA) under the Workforce Investment Act of 1998, Public Law 105-220 ("the Act"). B. The State of California has created the LWIA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWIA, CITY is entitled to receive federal funds to establish programs to prepare economically disadvantaged adults and youth for entry into the labor market and to provide job training to those individuals who are economically disadvantaged or otherwise face serious barriers in obtaining productive employment. One goal of California's Workforce Investment System is to provide individuals with the opportunities to achieve career goals that will allow them to successfully compete in the labor market and prepare them for higher education. D. CONTRACTOR is experienced in operating education, training and employment programs and providing case management services for economically disadvantaged adults and youth for entry into the labor market ("said program"). E. CONTRACTOR is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. TIME PERIOD OF AGREEMENT This Agreement shall commence as of July 1, 2003 and all services to be performed pursuant to this Agreement shall be completed on or before June 30, 2004. The term of this Agreement may be extended by a writing executed by the Executive Director of the Community Development Agency, the City Attorney and the CONTRACTOR. 2. INDEPENDENT CONTRACTOR CONTRACTOR agrees that CONTRACTOR is an independent contractor and not an employee of CITY and all of CONTRACTOR'S personnel shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CONTRACTOR shall not subcontract any of the services required hereunder without the prior written approval of the CITY. 3. SCOPE OF SERVICES For and in consideration of the hereinafter stated payment by CITY to CONTRACTOR, CONTRACTOR agrees to perform, at its own cost and expense except for the compensation specified in this Agreement, the services specified in the scope of work attached hereto and incorporated herein as Exhibit A to this Agreement. 4. CONTRACTOR OBLIGATIONS A. CONTRACTOR agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of CONTRACTOR'S services or activities, costs or other data, including but not limited to, participants' attendance, payroll records and job duty statements. B. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR, subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event CONTRACTOR does not make the above -referenced documents available within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of CONTRACTOR and all documents related to this Agreement shall be kept available at CONTRACTOR'S office or place of business for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records FJ which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. C. Without prejudice to any other section of this Agreement, CONTRACTOR shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs incurred and services rendered hereunder. D. CONTRACTOR agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. CONTRACTOR also agrees to provide at CONTRACTOR'S own expense supplies and other costs of said PROGRAM. E. CONTRACTOR shall comply with the provisions of 48 CFR, Chapter 1, Parts 1-31.2, for commercial organizations and all other applicable federal statutes and executive orders and their implementing regulations. F. CONTRACTOR shall comply with the provisions of E.O. 12549 and 12689, requiring compliance with the debarment and suspension requirements contained in 29 CFR Part 98. G. CONTRACTOR shall comply with the requirements of federal regulations found at 29 CFR 93 which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a certification to that effect in a form as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. CONTRACTOR shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this Agreement. H. CONTRACTOR agrees to provide a drug -free work place and to execute a certification as set forth in "Exhibit C" attached hereto and incorporated herein by this reference. I. CONTRACTOR, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all 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, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, 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 Employee Registry maintained by the California Employment 3 Development Department (EDD). APPLICABLE GUIDELINES A. The parties hereto agree that CONTRACTOR shall comply with all applicable federal and state laws and regulations, including but not limited to the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made as part of this Agreement as though fully set forth herein. B. CONTRACTOR also assures and certifies that: 1. CONTRACTOR shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 2. CONTRACTOR shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the Santa Ana Local Workforce Investment Area's Board, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 3. No person with responsibilities in the operation of any program under the Workforce Investment Act grant shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 4. CONTRACTOR shall maintain appropriate standards for health and safety in work and transportation situations. 5. CONTRACTOR shall comply with general provisions, assurances, and certifications attached hereto as "Exhibit D" and incorporated herein. 6. Any literature distributed by CONTRACTOR for the purpose of apprising businesses, participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 7. CONTRACTOR certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased by the CONTRACTOR under this Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 8. CONTRACTOR certifies that this 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 denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 9. If the grant hereunder exceeds $100,000, CONTRACTOR shall be in compliance with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 15) as any may now exist or be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 10. CONTRACTOR may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency(ies) reserve a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 11. CONTRACTOR is subject to applicable regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." 6. COMPENSATION CITY agrees to pay, and CONTRACTOR agrees to accept for said services, total compensation in the amount not to exceed Fifty Seven Thousand Dollars ($57,000.00). CONTRACTOR will submit a detailed invoice evidencing services performed. Final payment by the CITY shall be within 30 days following receipt of said invoice, subject to CITY accounting procedures. CONTRACTOR acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. MISCELLANEOUS PROVISIONS A. CONTRACTOR covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. B. CONTRACTOR certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age, in compliance with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and Government Code 12900, et seq. HOLD HARMLESS CLAUSE CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out acts or omissions of CONTRACTOR or of any approved subcontractor or of the officers, agents, employees of CONTRACTOR or of its subcontractors in the performance of this Agreement. 9. INSURANCE CONTRACTOR shall provide proof of self-insurance or obtain and maintain for the entire term of this Agreement comprehensive general public liability insurance, in companies acceptable to the City, authorized to issue such insurance in the State of California. Said insurance shall consist of the following: a. Commercial General Liability Insurance. CONTRACTOR shall maintain in full force and effect, for the period covered by this Agreement, comprehensive general liability insurance. This comprehensive general liability insurance shall name the City, its officers, agents and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of CONTRACTOR's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, except any acts arising out of negligent actions taken by the City, its officers, agents or employees. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, CONTRACTOR, if CONTRACTOR has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. CONTRACTOR agrees to comply with such provisions before commencing the performance of the work under this Agreement. c. The following requirements apply to the insurance to be provided by CONTRACTOR pursuant to paragraph a., above: 1. A certificate of insurance, to be approved in form by the City Attorney, shall be furnished to the City within 30 days of the execution of this Agreement. 2. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If CONTRACTOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect CONTRACTOR's right to be paid for its time and materials expended prior to notification of termination. 10. TERMINATION This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. 11. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The decision of the CITY shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in accordance with CITY's decision unless the dispute involves a change order. 12. BREACH - SANCTIONS If, through any cause, CONTRACTOR violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as CONTRACTOR fulfills its 7 obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice CONTRACTOR has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such termination in accordance the notice provision contained below. 13. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: To CITY: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copy to: Santa Ana Work Center 1000 E. Santa Ana Blvd., #200 Santa Ana, CA 92701 Telefacsimile (714) 565-2602 To CONTRACTOR: Orange County Superintendent of Schools 200 Kalmus Drive P.O. Box 9050 Costa Mesa, CA 92628 M IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 4airiiis E. Healy Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: AK John . Reekstin, Executive Director Community Development Agency CITY OF SANTA ANA r-- avid N. Ream City Manager CONTRACTOR: Orange County Superintendent of Schools By: i ina oung, Executive r for Tax ID#/S '# 5 EXHIBIT A STATEMENT OF WORK The Orange County Department of Education has been providing services to the Santa Ana W/O/R/K Center through a One -Stop Liaison for the past year. The role of the One -Stop Liaison is to assist the one -stop customers toward various adult education and training opportunities available through the Regional Occupational Programs. In addition, the liaison provides critical staff support to the W/O/R/K Center under the Youth Service Navigator component. The liaison recruits youth for program services through interfacing with providers and local agencies, assists with determining eligibility, tracks and records youth participants' progress and follow—up activities, conducts one-on-one meetings with service providers to address individual issues and/or questions pertaining to performance standards. Attached is a list of responsibilities for the One Stop Liaison and a budget reflecting salary and benefits for the current Liaison, Carol Iffland. RESPONSIBMITIES: Provide workforce investment activities to Youth Service Provider Network (YSPN) Providers and participants Enlist YSPN participants based on policies and eligibility established in conjunction with Santa Ana Youth Council and YSPN Providers Comprehensive referral -schedule eligibility with YSPN Providers to include evaluation and entering into participant database Promote and increase comprehensive activities providing access to a full range of services to include employment, credentials, skill attainment, diploma/GED, and educational retention through Workforce Investment Act (WIA) and referrals for interagency educational services. Technical case manager services to YSPN Providers Track and record participants' enrollment, Individual Service Strategy (ISS), goals, progress, exit, and follow-up requirements One-on-one with providers and/or participants to address individual issues and/or questions pertaining to performance standards Establish co -enrollment of YSPN participants between providers Coordination of services to provide educational improvement and workforce preparation between providers and youth participants and/or One -Stop customers Participate in interagency workshops facilitating and promoting educational transition to update existing skills and/or train in new occupation Intermediary to define and resolve Service Navigator policies Partner with One -Stop Career Center employment and training resources Attendance of YSPN monthly meetings Carol Iffland Salary Benefits Projections July 1, 2003 - June 30, 2004 Object Acct. Transaction 2000 CLASSIFIED SALARY Liaison - Carol Object amt. 43,680.00 / 3000 BENEFITS 3202 PERS, Classified 942.25 3314 Classified Medicare 682.74 3452 Classified Medical Insurance 5,435.26 3454 Classified Dental Insurance 1,288.28 3456 Classified Vision Insurance 202.29 3502 Classified SUI 47.91 3602 Classified Worker Comp. 734.64 3802 Classified PERS 3,839.55 3952 Classified Life Insurance 39.93 3954 Classified Long Term Disability 95.82 a 0 8 Miscellaneous Contract Amount: 11.32 $57,000.00 Exhibit B CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be 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 the awarding of any Federal contracts, the making of any Federal grant, the making of any Federal loan, the entering into of any 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, 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, 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 this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more that $100,000 for each such failure. Orange County Department of Education WIA Youth & Adult Grantee/Contractor Organization Exhibit C Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; NMJ (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) " Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code). the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: DEC 1 2 2003 Pr gram - Nina Youn , Executive Director DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Carol Iffland Name of Contractor: Orange County Department of Education Contractor'Number: Date: July 1, 2003 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract convered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 1000 E. Santa Ana Blvd. #200 Santa Ana, CA 92701 Exhibit D Subcontractor agrees that in addition to those agreements and obligations specified in the contract boiler plate and scope of work, it will also adhere to and obey the following provisions, assurances, and certifications. ARTICLES 1) Subcontractor assures and certifies that where applicable, classroom training instructors are properly credentialed, and training curriculums comply with State Education Codes. 2) Subcontractor assures and certifies that any requested modification to this agreement must be submitted in writing, explaining requested changes and rationale. Subcontractor further assures that no modification will be implemented without prior written approval from the Santa Ana WORK Center. 3) Subcontractor agrees to cooperate with any monitoring, inspection, audit, or investigations of activities related to this agreement as may be scheduled and conducted by the Santa Ana WORK Center or the County of Orange TANF Summer Youth Program. 4) Subcontractor agrees to acknowledge (given credit) the Santa Ana WORK Center and the County of Orange as the source of funds in all oral presentations, written document, publicity, and advertisements regarding any activities that ensue from this agreement.