HomeMy WebLinkAboutCA EMPLOYMENT DEV DEPT 6 - 2007SANTA ANA WORF: CENTER
WIA SUBGRANT AGREEMENT ~~~~
~SUBGF~NTOF~ 9CatE of Ca]ifornia
Employment Development Dept
Workforce Services Division
i, F.U. Box B268d0, MIC 65
~ Sacraments, CF. 59286-ODD1
~ -Zb6 7 -egg
REGISTRATION NO: k8o54E5
MODIFICATION NO: NEW
SUBGRFIJTEE CODE: SAN
SUBGF:ANTEE: .SANTA ANF. WORK CENTER
2U CIVIC CENTER PLP.ZA CM-25i
SANTA ANF.
GOVERNMENTAL ENTITY: YES
CP. 9%7D%
This Subgrant Agreement is entered into by and between the State of California, EmpToyrnen[ Development Department,
hereinafter the Subgrancor, and the SANTA ANA WORK CENTER hereinafter the Subgrantee. The Subgrantee agrees
cc operate a program ir, accordance with the provisions of this Subgrant and co have an approved WIA Local Plan for the
above named Subgrantor filed with the Subgrantor pursuant to the Workforce Investment Act (WIP.!•
This modificaton consists of this sheet and those of the following exhibits, whist, are attached hereto and by this
reference made a part hereof:
Funding Detail Chart
General Provisions and standards of Conduct
Title ?-Y (WiA TITLE I YOUTP, FORMUL7?i
ALLOCATION(s):
The Subgrantor agrees to reimburse the Subgrantee
not to exceed the amount listed hereinafter "TOTAL":
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$G.OG
$'23,792.00
$323,792.06
TERMS OF AGREEMENT: Terms oI EXtilAits are as
From U9/UI/2007 to D6/3G/20D5 designated on eacY. exhibit
PURPOSE: Tc incorporate and add WIR formula Youth funding for PY 2007-08.
APPROVED FOR SUBGRANTOR (EDD? (B)' Signature)
14ame and Title
BOE H£RMSMEIEF.
CHIEF
WORKFORCE SERVICES BRANCH
I hereby certify that to my knowledge, the budgeted
funds aze available for the period and purpose of
expenditures as stated herein:
Name and Title
Exhibit AP., pages 1 through 1
Exhibit BB, pages 1 through 15
Exhibit DD, pages 1 through 1
PRIOF. AMOUNT:
INCREASE/DECREASE:
TOTAL:
By Su tune
DAVID N. REAM, CITY MANAGER
This Agreement does not fall within the meaning of Section
IU295 of Chapter 2 of Par[ 2 of Division, 2 of the Public
Contract Code of the State of California and pursuant to
58 OPS Cal. Atty. Gen. SB6, is exempt from review or approval
of the Dept. of General Services and the Dept. of Finance:
Signature ct EDL Aceounti ne Gfficer Sigra tune of EDD Contract Officer
A11l~'rs
Budget _tem: 71UD Fund: 0269 Budgetary AttacAmer,,;~: YE5 - rz.~ '. APP VED AS TO FORM
Chapter 067 Statute=: 20D6 F1': 06107 i'~ ""i-~-~=)'=°.>~~~__;,~;i~~••i~,. _
~~. _ Lorena Pe za
PA $. y Assistant City Attorney
.~ ra~v i'a1n +T[sp /"SAT TKi!'rf 1' -
WIA
SUBGRANT AGREEMENT
FUNDING DETAIL SHEET
SUBGRANTEE NAME: SANTA ANA WORK CENTER
I. ALLOCATION
~ PRIOR
~ AMOUNT ~ INCREASE
j FUNDING SOURCE
I i ~
TITLE I-Y: YOUTH i I j
j
96107 WIA TITLE I YOUTH FORMULA (301)
$0.00 j
$323,792.00
04/01/2007 to 06/30/2009 j
Prog/Element 61/ 00 Ref 101 Fed Catlg j
I $0.00 j $323,792.00 j
TOTAL TITLE I-Y I j
GRANL TOTAL: j $0.00 ~
j $323,792.OU ii
Exhibit AA
Page 1 of 1
SUBGRANT N0: R865989
MODIFICATION N0: NEW
ADJllSTED j
DECREASE ~j ALLOCATION
j
$0.00 j $323,792.00
I
50.00 ~ $323,792.00
j
$0.00 ~ $323,792.00
I
All references are to the Workforce Investment Act of 1998, Title I, unless otherwise noted. For modifications
purposes only. All other terms and conditions of this exhibit not included herein remain unchanged.
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 1 of 14
SUBGRANT NO: RB65489
MODIFICATION NO: NEW
1. Compliance
In performance of this subgrant agreement, Subgrantee will fully comply with:
a). The provisions of the Workforce Investment Act (WIA) and all regulations, legislation,
directives, policies, procedures and amendments issued pursuant thereto.
b). All State legislation. and regulations to the extent permitted by federal law and all policies,
directives and/or procedures, which implement the WIA.
c). The provisions of Public Law 107-288, Jobs for Veterans Act, as the law applies to Department
of Labor (DOLT job trainino programs
d). Subgrantee will ensure diligence in managing programs under this subgrant agreement, including
performing appropriate monitoring activities and to}:ing prompt corrective action against known
violations of the WIA. Subgrantee agrees tc conform to the provisions of the WIA and the
contract requirements as referenced in 29 CFk Part 95, Appendix A and 29 CFR, Part 97.36(1)(1-13).
This subgrant agreement contains the entire agreement of the parties and supersedes all
negotiations, verbal or otherwise and 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
Subgrantoz and the Subgrantee. Subgrantee represents and warrants it is free to enter into
and fully perform this subgrant agreement.
2. Certification/Assurances
Except as otherwise indicated, the following certifications apply to all Subgrantee's.
a). Corporate Registration: The Subgrantee, if it is a corporation, certifies it is registered
with the Secretary of State of the State of California.
b). The Subgrantee agrees to comply with the Americans with Disabilities Act (ADA) of 1990, which,
prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to ADA. (42 U.S.C.1Z101 et seq.
ci. Sectarian Activities: The Subgrantee 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 denomination whatsoever,
as specified by Article XVI, Section 5, of the Constitution, regarding separation, of church
and state.
d). National Labor Relations Board: The Subgrantee (if not a public entity), by signing this
subgrant agreement, does swear under penalty of perjury, that no more than one final
unappeasable finding of contempt of court by a federal court has been issued against the
Subgrantee within the immediately preceding two-year period because of Subgrantee's failure
to comply with an order of a federal court, which orders the Subgrantee to comply with an
order of the National Labor Relations Board (PCC10296).
e). Prior Findings: Subgrantee, by signing this subgrant agreement, does swear under penalty of
perjury, that it has not failed to satisfy any major condition in a current or previous subgrant
agreement with the DOL or the State of California and has not failed to satisfy conditions
relating to the resolution of a final finding and determination, including repayment of debts.
f). The Subgrantee agrees to comply with Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination against qualified individuals with disablities.
g}. The Subgrantee agrees to comply with the Age Discrimation Act of 1975, as amended, which prohibits
discrimination on the basis of age.
h). The Subgrantee agrees to comply with Title IX of the Education Amendments of 1972, as amended,
which prohibits discrimination on the basis o° sex in educational programs.
Drug Free Workplace Certification: By signing this subgrant agreement the Subgrantee hereby
certifies under penalty of perjury under the laws of the State of California that the Subgrantee
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 as required to inform employees about:
- the dangers of drug abuse in the workplace;
- the person's or organization's policy o= maintaining a drug-free workplace;
WIA SUBGRANT AGREEMENT Exhibit BB
Subgran[ee: SANTA ANA WOkK CENTER Page t of 14
SUBGRANT NO: R865489
MODIFICATION NO: NEW
any available counseling, rehabilitation and employee assistance programs; and,
- penalties that may be imposed upon employees for drug abuse violations.
{3). Every employee who works on this subgrant agreement will:
- receive a copy of the company's drug-free policy statement; and,
agree to abide by the Germs of the company's statement as a condition of employment on the
subgrant/contract.
j). Child Support Compliance Act: In accordance with the Child Support Compliance Act, the
Subgrantee recognizes and acknowledges:
I1). The importance of child and family support obligations and shall fully comply with
applicable state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of informatior. and compliance with earnings
assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Past 5
of Division 9 of the Family Code; and that 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 Development Department (EDD).
k). Debarment and Suspension Certification: By signing this subgrant agreement, the Subgrantee
hereby certifies under penalty of perjury under the laws of the State of California that the
Subgrantee will comply with regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98.510, that the prospective participant (i.e., grantee), 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 transitions 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 judgement rendered against them for commissior, of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal, state
or local') transaction or contract under a public transaction, violation of federal or
state antitrust statutes, or commission of embezzlement, theft, forgery, bribery,
falsification, or destruction of records, making false statements, or receiving stolen
property.
(;,. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (federal, state or local) with commission or any of the offenses enumerated in
Section 2 of this certification.
(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 Subgrantee is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this agreement.
1). Lobbying Restrictions: By signing this subgrant agreement the Subgrantee hereby assures and
certifies to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93.
(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 in
the award documents for subgrant agreement transactions over $100,000 (per OMB) at all tiers
{including subgrant agreements, contracts and subcontracts, under grants, loan, or
cooperative agreements), and that all subrecipients 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, and U.S.
Code. Any person who fails cc file the required certification shall be subject co a civil
penalty of not less than 510,000 and not more than $100,000 for each failure.
m). Priority Y_iring Considerations:
WIA S[P3GRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 3 of 14
SUBGRANT NO: R865469
MODIFICATION N0: NEW
If this subgrant includes services in excess of $200,000, the Subgrantee shall give priority
consideration in filling vacancies in positions funded by the subgrant to qualified recipients
of aid under welfare and Institutions Section Code 21200 in accordance with Public Contract
Code 10353.
n). Sweatfree Code of Conduct:
1). All Subgrantees contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, or supplies furnished to the
state pursuant to the contract have been laundered or produced in whole or in part by
sweatshop labor, forced labor, convict labor, indentured labor under penal sanction,
abusive forms of child labor or exploitation of childrer. in sweatshop labor, or with the
benefit of sweatshop labor, forced labor, convict labor, indentured labor undez penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The Subgrantee further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
2) The Subgrantee agrees to cooperate fully in providing reasonable access to the subgrantees'
records, documents, agents or employees, or premises if reasonably required by authorized
officials of the Subgrantor, the Department of Industrial Relations, or the Department of
Justice to determine the subgrantees' compliance with the requirements under paragraph a of
the Sweatfree Code of Conduct.
o). Unenforceable Provision: 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 greement have force and effect and shall not be affected hereby.
pj Nondiscriminatior, Clause
1). The conduct of the parties to-this subgranc agreement will be in accordance with Title VI
of the Civil Rights Act of 1964, and the Rules and Regulations promulgated there under
and the provisions of W1A, Section 166. In addition:
(a). During the performance of this subgrant agreement, Subgrantee and Subcontractors
shall not unlawfully discriminate, harass or allow harassment, against any employee
or applicant for employmen*_ because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (cancer), age (over 40), marital status, pregnancy disability and
denial of family care leave. Subgrantees and Subcontractors shall insure that the
evaluation and treatment of their employees and applicants foz employment are free
from such discrimination and harassment. Subgrantee and Subcontractor shall comply with
the provisions of the Fair Employment and Housing Act (Government Code, Section 1290D
g-f, et seq.) and the applicable regulations promulgated there under (California Code of
Regulations, Title 2, and Section 7265. et seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing Government Code, Section 22990(a-f),
set forth in Chapter 5, Division 4 of Title 2 of the California Code of Regulations are
incorporated into this subgrant agreement or its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other agreement.
(b). This Subgrantee shall include the nondiscrimination and compliance provisions of
this clause in all subcontracts to perform work under the subgrant agreement.
(c). This Subgrantee agrees to conform to nondiscrimination provisions of the WIA and
other federal nondiscrimination requirements referenced in 29 CFR, Part 37.
q). Indemnification:
1). The following provision applies only if the Subgrantee is a governmental entity:
Pursuant to the provision of Section 895.4 of the California Government Code, each party
agrees to indemnify and hold the other party harmless from all liability for damage to
persons or property arising out of or resulting from acts or omissions of the indemnifying
party.
2). The following provision applies only if the Subgrantee is a non-governmental entity:
The Subgrantee agrees to the extent permitted by law, to indemnify, defend and save
harmless the Subgrantor, 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 supplying
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 damaoed by the Subgrantee in the
WIA SUBGRANT AGREEMENT Exhibit BB
Subgzantee: SANTA ANA WORK CENTER Page 4 of 14
SUBGRANT NO: R865489
MODIFICATION NU: NEW
performance of this subgrant agreement.
Failure to comply with all. requirements of the certifications in Section 2 may result in
suspension of payment under this subgrant agreement or termination of this subgrant agreement
or both, and [he Subgzantee may be ineligible for award of future state subgrant
agreements/contracts if the department determines that any of the following has occurred:
(1) false information on the certifications, or (2 ). violation of the terms of the
certifications by failing to carry out the requirements as noted above.
r). Salary and Bonus Limitations:
Ir, compliance with Public Law 1D9-234, none of the funds appropriated in Public
Law 109-149 or prior Acts under the heading "Employment and Training" that are available
for expenditure on or after June 15, 2006, shall be used by a recipient or subrecipient
of such funds to pay the salary and bonuses of an individual, either as direct costs or
indirect costs, at a rate in excess of Executive Level II, except as provided for under
section 101 of Public Law 105-199. This limitation shall not apply to vendors providing
goods and services as defined ir. OMb Circular A-133. Where States are recipients of
such funds, States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the States, the compensation levels
for programs involved including Employment and Training Administration programs. See
Training and Employment Guidance Letter number 5-06 for further clarification.
The incurrence of costs and receiving reimbursement for these costs under this award
certifies that your organization has read the above special condition and is in
compliance.
s). Clean Air and Water Act:
For subgrants in excess of 5100,000, compliance with all applicable standards, orders, or
requirements issued under Section. 306 of the Clean Air Act (42 U.S.C. 1857 {h}); Section
50E of [he Clean water Act (33 L'.S.C. 1368), Executive Order 11738, and the U.S.
Environmental Protection Agency regulations (40 CFR 15, revised as of July 1, 1989).
3. Standards of Conduct
The following standards apply to all Subgrantees.
ai. General Assurance: Every reasonable course of action will be taken by the Subgzantee in order
to maintain the integrity of this expenditure of public funds and co avoid favoritism and
questionable or improper conduct. This subgrant agreement will be administered in an
impartial manner, free from efforts to gain personal, financial or political gain.
Subgzantee agrees to conform to the nondiscrimination requirements as referenced in WIA,
Section 188.
b). Avoidance of Conflict of Economic Interest: An executive or employee of the Subgzantee, an
elected official in the area or a member of the Local Hoard, 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 Subgzantee or Subgrantor: 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 any business or organization which the member directly represents.
4. Coordination
Subgzantee will, to the maximum extent feasible, coordinate all programs and activities supported
under this part with other programs under the wIA, including the Wagner-Peyser Act, Title 38 of
the United States Code, and other employment and training programs at the state and local level.
Subgzantee will consult with the appropriate labor organizations and/or employer representatives
in the design, operation or modification of the programs under this subgrant agreement.
5. Subcontracting
a). Any of the work or services specified in this subgrant agreement which will be performed by
other than by the Subgzantee will be evidenced by a written agreement specifying the terms
and conditions of such performance.
b). The Subgzantee 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 insuring accountability.
c). The system for awarding contracts will contain safeguards to insure that the Subgzantee does
not contract with any entity whose officers have been convicted of fraud or misappropriation.
WI A. SUHGRJcNT AGREEMENT Exhibit BH
Subgrantee: SANTA ANA WOR}: CENTER Page 5 of 15
SUBGRP.NT NO: R8654B9
MOLIFICATION NG: NEW
of *funds within the last two years.
E Insurance
Ex cep[ fcr city and count}' governmental entities, Subgran[ees must provide the Subgrantor
evidencE of the coverage soer_fied ir, a, b, c and d below, The evrdence of coveragE shall
includE [he reg_stratior, number of the subgrant agreement for identification purposes.
a) . Subgrantee will obtain: a floElity bond ir. an amount of no[ less than, N/A prior co
the receipt o`_ funds under this subgrant agreement. If the bond is cancEled or reduced,
SubgranteE will immediately sc notify the Subgrantor. Ir. the event the bond is canceled
or revised, the Subgrantor will make no further disbursements until it is assured chat
adequate coverage has beer, obtained.
b;. SubgranteE will provide general liability insurance with a combined limit of $1,DDU,DDC' or
pubic laabi?'_. and propertp damage cov=_,-agE with a combined limit of not less Char.
SI,000,UDU.
ti. SubgranteE will provide broad form automobile liabilit}' coveragE with limits as set forth in
(b) above, which applies cc both owned/lEased and non-owned automobiles used by the SubgranteE
or its agents ir, nerfcrmance of this subgrant agreement, cr, ir. the event that the Subgrancee
will not utilize owned/leased -automobiles but intends [o requirE employeesTeementeeSubrranceE
agents tb utilize their own automobiles in performance of traineegornagents a g
will securE and maintain. on _ilE from ail suer, emp_oyees,
sElf-certification, of automobile insurance coverage.
d). SubgranteE will provide Worker's Compensation Insurance, which complies with provisions of
the California Labor Code, covering all employees of the SubgranteE and all participants
enrolled in wort: experience programs. Medical and Accident Insurance will be carried for
those participants not qualifyino as "employee" (Section. 335C, e[ seq. of the California
Labor Code; for work=_r's Compensation,.
~,. The Subgrantor wii- be named as "Certificate Hclder" of pclicies secured in compliancE with
paragraph=_ a-d above and will bE provided certificates of insurance or insurance company
"binders" prior tc any cisbursement of funds undEr this subgrant agreement, verifying the
insurance requirements- havE beer, complied with. ThE coveragE noted in b and c above mu_=[
contain the following clauses:
Insurance coverag=_ will not bE canceled or changed unless 3U days prior cc the ef.ECtivE
:1: the Sllb ranteE CO:
dace OI CanCElldLiOP. OT c'range written. noticE is sent by 9
Empiovment Development Lepartment
WI P. - Financial Manaeement Unit
P.G. box 826886, MIC 65
Sacraments, C1. 952BD-OOD1
(2i. State of California, its officers, agent=_, employees and servants are included as additional
insured, but only insofar as the operations under this subgrant agreement arE concerned.
The state of Ca_ifornia _~ not responsible for payment of premiums or assessment=_ or.
3: .
tt,is polls}'
7. Resolution,
A county, city, district or ocher local public bod}' must providE the state with a copy of a
resolution, order, motion., or ordinance o° chE local governing body which by law has authority
to enter into an agreement, authorizing execution of this subgrant agreement. Preferably
resolutions should autt,orize a designated position rather than, a named individual.
Fundinc
It is mutually understood between, *_he parties that this subgrant agreement may havE been written
before ascertaining the availabilit}~ of congressional and legislative appropriation of fund=_,
for the mutual benefit of both parties, in order to avoid program and fiscal delays which would
occur if the subgrant agreement was executed after that determination. was made.
This subgranc agreement is valid and enforceable only if (1) sufficient fund=_ are made available
by the State budaEt Act of the appropriate state fiscal years covered b}' this subgrant agreement
for the purposes of this program and; (2; sufficient funds available to [he state by the United
States Government for the fiscal years covered by this suborant agreement for the purposes of
this program. In addition, tr.is subgrant agreement i=_ subject [c. any additional restrictions,
limitations, or condition_ enacted by the Congress and LegisiatureorofundinstofuEhesasubgranttn=
Congres_= and Legislature which may affect the provisions, terms, 9
agreement in an}' manner.
aJ At the expiration of the terms of thi=_ subgran*_ agreement or upon termination prior tc the
expiration, of this subgrant agreement, funds no[ obligated fcr the purpose oc this subgrant
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 6 of 14
SUBGRANT NO: R865489
MODIFICATION NO: NEW
agreement will be immediately remitted co the Subgrantor, and no longer available to the
Subgrantee.
b) The Subgrantor retains the right to suspend financial assistance, in whole or in providin
protect the integrity of the funds or to ensure proper operation of the program, p 9
the Subgrantee is given prompt notice and the opportunity for an informal review of the
Subgran[or's decision. The Chief Deputy Director or his designee will perform this
informal review and will issue the final administrative decision withir, 60 days of receiving
the written request for review. Failure on the part of the Subgrantee or a Subcontractor of
the Subgrantee to comply with-the provisions of this subgrant agreement, or withresultlin r
regulations, when-such failure involves fraud or misappropriation of funds, may
immediate withholding of funds.
c). The local Chief Elected Official (CEO) of a unit of general local government designated as a
Local workforce Investment Area (LwIA) shall be liable to the EDD for all funds not expended
in accordance with wIA, and shall return to the EDD 'all of those funds. If there is more than
one unit of general local government in a LwIA, the CEO(s) will be the individual(s)
designated under an agreement executed by the CEO(s) of the local units of government. The
CEOs' designated under the agreement shall be liable to the EDD for all funds not expended
in accordance with the WIA, and shall return to the EDD all of those funds.
9. Accounting and Cash Management -
a). Subgrantee will comply with controls, record keeping and fund accounting procedure
requirements of WIA, federal and state regulations and directives to ensure the proper
disbursal of, and accounting for, program funds paid to the Subgrantee and disbursed by the
Subgrantee, under this subgrant agreement.
b). Subgrantee will submit requests for cash to coincide 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 Subgrantor. Failure to
adhere to these provisions may result in suspending cash .draw down privileges and
providing funds through a reimbursement process.
c). The Subgrantor retains the authority to adjust specific amounts of cash requested if the
Subgrantor's records and subsequent verification with the Subgrantee indicate that the
Subgrantee has an excessive amount of cash in its account.
di. Income (including interest incomei generated as a result of the receipt of WIA activities,
will be utilized in accordance with policy and procedures established by the Subgrantor.
Subgrantee will account for any such generated income separately.
e). Subgrantee shall not be required to maintain a separate bank account but shall separately
account for WIA funds on deposit. All funding under this subgrant agreement, will be made by
check or wire transfer payable to the Subgrantee for deposit in Subgrantee's bank account or
city and 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
Subgrantee. The Subgrantor will have a lien upon any balance of WIA funds in these accounts,
which will take priority over all other liens or claims.
10. Amendments
This subgrant agreement may be unilaterally modified by the Subgrantor 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
Subgrantee's plan.
c). Funds awarded to the Subgrantee have not been expended in accordance with the schedule
included in the approved Subgrantee's plan. After consultation with the Subgrantee, the
Subgrantor 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 Subgrantor.
di. There is a change in stale and federal law or regulation requiring a change in the provisions
of this subgrant agreement.
e). An amendment is required to change the Subgrantees' name as 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.
wiA. SUBGRANT AGREEMENT Exhibit BB
Page 7 of 14
Subgrantee: SANTA ANA WOR}; CENTEF: SUBGRANT NO: RB65985
MODIFICATION NG: NEW
1] Reporting
SubgranteE will comoii=_ and submit report_ of activities, e>:penditures, sta ws of cash n
rancor. All expenditure
closeout information. by chE specified dates as prescribed b}' ther~!'bgre tc adhere co the
reocres must be submic[ed upon: the accrual basis of account''ngnot being rElEased
re orcing requirements of this agreement will result ir, funds
P
12. Termination
This subgrant agreement ma}' bE terminated in wholE or in part for Either of the two followinc
circumstances.
Termination, for Com~eniencE - Either the Subgrantor or the Subgrantee may request a
c termination, in whGle or in part, for convenience. The Subgrantee wtll givE a ninety- ;90)
calend-cr-day advance noticE in writing to the Subgrantor. The Subgrantor will givE a ninety
'SG` calendar-dap advance notice in writing to the Subgrantee.
b. TErmination for Caus<_ ThE Subgrantor may terminatE [his subgrantviciatedna specific or in
par[ whey, it has determined that the SubgranteE has substantial}
provision of the WIA. regulations or implementing state legislation and corrective action,
has not been taken.
'~,. All notices of termination must bE in wricingC~Td1bieoEMailrRetnrrsRec1iptoRequested",
deposit in the U. 5. Mail, postage prepaid,
and will bE deemed tG have been giver. at the time c- personal dElivery or of the date
of postmark. by the U. S. Postal Service.
Notices tc the SubgranteE will be addressed to:
David N. Ream, City Manager
City of Santa Ana
P.O. Box 1988, M31
Santa Ana, CA 92702-1988
Notice=_ tc the Subgrantor will be addressed tc~
Employment Levelopment Department
Wcr}:f orcE Service=_ Division,
Financial Management Unit
F.O. box 626680, MIC 65
Sacraments, CA 94260-D001
13. Records
a). Zf participants are served under this subgrant agreement, the Subgrantee will establish a
participant data system as prescribed by the Subgrantor.
b;. Subgrantee will retain all records pertinent tc this subgrant agreement for a period of
agreement If, of the end of
three yeaz-=_ from tnE date o_ frnai payment o. this subgrant
three year, there is litigation, or an audit involving those record=_, the SubgranteE will
retain, the records until the resolution: of such litigation or audit.
ci TnE Subgrantor and/or the U. S. DOL, or their designee will have access to and right to
examine, monitor and audit all records, documents, conditions and activities related to
programs funded by this subgrant agreement. For purposes of this section, "access tp" means
that the Subgrantee shall at all times maintain within the StaTeemen[alTherSubgraroteelshallecomply
of record=_ and documents related to programs funded by this ag
wi tY, this requirement regardless of whether it ceasesrantopSubgranteetl snperformancEeunder,th er terms
State of California before the expiration of the subg cantor of the
and conditions herein specified will be subject to an evaluation beneralSimpression of the
adequacy of the services performed, timeliness o° response and a g
competency of the firm and its staff.
14. Audits
- The Subgrantee will maintain and make available to auditors, at all levels, accounting and
c program record= including supporting source documentation and cooperate with all auditors.
Ali governmental and non-profit organizations must follow he audit recuirement=_ of OMB
-rcular F.-.3= '25 CFR - 26 and 25 CFr 95.2 E.
s_na1= audit or program'-specific audit requ~rementi C~
b;. The Subgrantee and/or auditors performinc monitoring or audits of th~YCuboYaarveinr~oents
s,~-contracting servicE roviders w,il immediately repo'--t to yhE Sub - ,
P a_ant agreement the w.A.
of gaud, abnSE or ether criminal activay ir, relation tc cY.i= sub~•
pr its regulations.
i5. Disallowed Costs
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 8 of 14
SUBGRANT NO: R865489
MODIFICATION NO: NEW
Except co the extent chat the state determines it will assume liability, the Subgrantee will be
liable for and will repay, to the Subgrantor, any amounts expended under this subgrant
agreement found no[ to be in accordance with wIA including, but not limited to, disallowed
costs. Such repayment will be from funds (Non-Federal), other than those received under the WIA.
16. Conflicts
a). Subgrantee will cooperate in the resolution of any conflict with the U. S. DOL that may
occur from the activities funded under this agreement.
b). In the event of a dispute between the Subgrantor and the Subgrantee over any part of this
subgrant agreement, the dispute may be submitted to non-binding arbitration upon the
consent of-both the Subgrantor and the Subgrantee. An election for arbitration pursuant
cc this provision will not preclude either party from pursuing any remedy for relief
otherwise available.
17. Grievances and Complaint System
Subgrantee will establish and maintain a grievance and complaint procedure in compliance with
the wIA, federal regulations and state statues, regulations and policy.
18. Property
All property, whether finished or unfinished documents, data, studies and reports prepared or
purchased by the Subgrantee under this subgrant agreement, will be disposed of in accordance
with the direction of the Subgrantor. In addition, any tools and/or equipment furnished to the
Subgrantee by the Subgrantor and/or purchased by the Subgrantee with funds pursuant to this
subgrant agreement will be limited to use within the activities outlined in this subgrant
agreement and will remain the property of the United States Government and/or the Subgrantor.
Upon termination of this subgrant agreement, Subgrantee will immediately return such tools
and/or equipment to the Subgrantor or dispose of them in accordance with the direction of the
Subgranter
15. Intellectual Property Provisions
a). Federal Funding
In any subgrant funded in whale or in part by the federal government, Subgrantor may
acquire and maintain the Intellectual Property rights, title, and ownership, which result
directly or indirectly from the subgrant, except as provided in 37 Code of Federal
Regulations part 401.14. However, pursuant to 29 CFR section 97.34 the federal government
shall have a royalty-free, non-exclusive, irrevocable, paid-up license throughout the world
to use, duplicate, or dispose of such Intellectual Property throughout the world in any
manner for governmental purposes and to have and permit others to do so.
b). Ownership
(1). Except where Subgrantor has agreed in a signed writing to accept a license, Subgrantor
shall be and remain, without additional compensation, the sole owner of any and all
rights, title and interest in all intellectual property, from the moment of creation, _
whether or not jointly conceived, that are made, conceived, derived from, or reduced
to practice by Subgrantee or Subgrantor and which result directly or indirectly from
this subgrant agreement.
(2). For the purposes of this subgrant agreement, Intellectual Property means recognized
protectable rights and interest such as: patents, (whether or not issued) copyrights,
trademarks, service mazks, applications for any of the foregoing, inventions, trade
secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right
of publicity, author's rights, contract and licensing rights, works, mask works,
industrial design rights, rights of priority, know how, design flows, methodologies,
devices, business processes, developments, innovations, good will, any data or
information maintained, collected or scored in the ordinary course of business by
Subgrantor, and all other legal rights protecting intangible proprietary information
as may exist now and/or hereafter come intc existence, and all renewals and
extensions, regardless of whether those rights arise under the laws of the United
States, oz any ocher state, country or jurisdiction.
(a). For the purposes of the definiCion of Intellectual Property, "works" means all
literary works, writings and printed matter including the medium by which they
are recorded or reproduced, photographs, art work, pictorial and graphic
representations and works of a similar nature, film, motion pictures, digital
images, animation cells, and other audiovisual works including positives and
negatives thereof, sound recordings, tapes, educational materials, interactive
videos, computer software and any other materials or products created, produced,
conceptualized and fixed in a tangible medium of expression. It includes
preliminary and final products and any materials and information developed for
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 9 of 14
SUBGRANT NO: R865989
MODIFICATION NO: NEW
the purposes of producing those final products. "Works" does not include
articles submitted to peer review or reference journals or independent research
projects.
(3). In the performance of this subgrant agreement, Subgrantee may exercise and utilize
certain of its Intellecwal Property in existence prior to the effective date of this
subgrant agreement. In addition, under this subgrant agreement, Subgrantee may access
and utilize certain of Subgrancor's intellectual property in e>istence prior to the
effective date of this subgrant agreement. Except as otherwise set forth herein,
Subgrantee shall not use any of Subgrantor's Intellectual Property now existing or
hereafter existing for any purposes without the prior written permission of
Subgrantor. Except as otherwise set forth herein, neither the Subgrantee nor
Subgrantor shall give any ownership interest in or rights to its Intellectual
Property to the other Party. If, during [he term of this subgran[ agreement,
Subgrantee accesses any third-party Intellectual Property that is licensed to
Subgrantor. Subgrantee agrees to abide by all license and confidentiality restrictions
applicable co Subgrantor in the third-party's license agreement.
(qi. Subgrantee agrees [o cooperate with Subgrantor in establishing or maintaining
Subgrantor's exclusive rights in the Intellectual Property, and in assuring
Subgrantor's sole rights against third parties with respect to the Intellectual
Property. If the Subgrantee enters into any agreements or subcontracts with other
parties in order to perform this subgrant agreement, Subgrantee shall require the terms
of the agreement(s) to include all Intellectual Property provisions of paragraph nineteen
a) through nineteen i). Such terms must include, but are not limited to, the subcontractor
assigning and agreeing to assign to Subgrantor all rights, title and interest in
Intellectual Property made, conceived, derived from, or reduced to practice by the
subcontractor, Subgrantee or Subgrantor and which result directly or indirectly from this
subgrant agreement or any subcontract.
(5) Pursuant to paragraph nineteen (b) (4i of the Intellectual Property Provisions in
Exhibit BB to this subgrant agreement, the requirement for the Subgrantee to include
all Intellectual Property Provisions of paragraph nineteen a) through nineteen i) of
the Intellectual Property Provisions in all agreements and subcontracts it enters into
with other parties does not apply to subgrant agreements or subcontracts that are for
customized and on-the-job training as authorized under 20 CFR 663.?00-730.
(6i. Subgrantee further agrees to assist and cooperate with Subgrantor in all reasonable
respects, and execute all documents and, subject to reasonable availability, give
testimony and take all further acts reasonably necessary to acquire, transfer,
maintain, and enforce Subgzantor's Intellectual Property rights and interests.
c). Retained Rights / License Rights
(1). Except for Intellectual Property made, conceived, derived from, or reduced to practice
by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant
agreement, Subgrantee shall retain title to all of its Intellectual Property to the
extent such Intellectual Property is in existence prior to the effective date of this
subgrant agreement. Subgrantee hereby grants to Subgrantor, without additional
compensation, a permanent, non-exclusive, royalty free, paid-up, worldwide,
irrevocable, perpetual, non-terminable license to use, reproduce, manufacture, sell,
offer to sell, import, export, modify, publicly and privately display/perform,
distribute, and dispose of Subgrantee's Intellectual Property with the right to
sublicense through multiple layers, for any purpose whatsoever, to the extent it is
incorporated in the Intellectual Property resulting from this subgrant, unless
Subgrantee assigns all rights, title and interest in the Intellectual Property as
set forth herein.
(2). Nothing in this provision shall restrict, limit, or otherwise prevent Subgrantee from
using any ideas, concepts, know-how, methodology or techniques related to its
performance under this subgrant agreement, provided that Subgrantee's use does not
infringe the patent, copyright, trademark rights, license or other Intellectual
Property rights of Subgrantor or third party, or result in a breach or default of any
provisions of paragraph nineteen a) through nineteen i) or result in a breach of any
provisions of law relating to confidentiality.
COPY=-fight
(1) Subgrantee agrees that for purposes of copyright law, all works (as defined in
Ownership, paragraph nineteen (bi (2i (a) of authorship made by or on behalf of
Subgrantee in connection with Subgrantee's performance of this subgrant agreement
shall be deemed "works made for hire." Subgrantee further agrees that the work of
each person utilized by Subgrantee in connection with the performance of this subgrant
agreement will be a "work made for hire," whether that person is an employee of
Subgrantee or that person has entered into an agreement with Subgrantee to perform the
work. Subgrantee shall enter into a written agreement with any such person that:
(;) all work performed foz Subgrantee shall be deemed a "work made for hire" under the
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 10 of 14
SUBGRANT N0: R665489
MODIFICATION NO: NEW
Copyright Act and (ii) that person shall assign all right, title, and interest to
Subgrantor to any work product made, conceived, derived from or reduced tc prac~ant by
Subgrancee or Subgrantor and which result directly or indirectly from this subg
agreement.
(2) All materials, including, but not limited to, computer software, visual works or text,
reproduced or distributed pursuant to this subgrant agrracticetbatSubgranteenorllectual
Property made, conceived, derived from, or reduced to p Y
Subgrantor and which result directly or indirectly from this subgrant agreement may not
be reproduced or disseminated without prior written permission from Subgrantor.
ei Patent Rights
With respect to inventions made by Subgrantee in the performance of this subgrant agreement,
which did not result from research and development specifically included in the Subgrant's
scope of work, Subgrantee hereby grants to Subgrantor a license as described under paragraph
nineteen ci for devices or material incorporating, or made through the use of such
inventions. If such inventions result from research and development work specifically
included within the subgranc agreement's scope of work, then Subgrantee agrees to assign to
Subgrantor, without addition compensation, all its right, title and interest in and to such
inventions and to assist Subgrantor in securing United States and foreign patents with
respect thereto.
fi. Third-Party Intellectual Propert}~
Except as provided herein, Subgrantee agrees that its performance of this subgrant agreement
shall not be dependent upon or include any Intellectual Property of Subgrantee or rantin to
party without first: (i) obtaining Subgrantor's prior written approval; and (ii) g 9
or obtaining for Subgrantor's, without additional compensation, a license, as described in
paragraph nineteen c), for any of Subgrantee's or third-party's Intellectual Property in
existence prior to the effective date of this subgrant agreement. If such a license upon
these terms is unattainable, and Subgrantor determines that the Intellectual Property should
be included in or is required for Subgrantee's performance of this subgrant agreement,
Subgrantee shall obtain a license under terms acceptable co Subgrantor.
g). Warranties
(I) Subgran[ee represents and warrants that:
(a). It has secured and will secure all rights and licenses necessary for its performance
of this subgrant agreement.
(bi. Neither Subgrantee's performance of this subgrant agreement, nor the exercise by
either Party of the rights granted in this subgrant agreement, nor any use,
reproduction, manufacture, sale, offer to sell, import, export, modification,
public and private display/performance, distribution, and disposition of the
Intellectual Property made, conceived, derived from, or reduced to practice by
Subgrantee or Subgrantor and which result directly or indirectly from this subgrant
agreement will infringe upon or violate any Intellectual Property right, third- art
non-disclosure obligation, or other proprietary right or interest of any P Y
or entity now existing under the laws of, or hereafter existing or issued by, any
state, the United States, or any foreign country. There are currently no actual or
threatened claims by any such third party based on an alleged violation of any such
right by Subgrantee.
(c). Neither Subgrantee's performance nor any part of its performance will violate the
right of privacy of, or constitute e libel or slander against any person or
entity.
(d). It has secured and will secure all rights and licenses necessary for Intellectual
Property including, but not limited to, consents, waivers or releases from all
authors.
(e). Of music or performances used, and talent (radio, television and motion P=cotert or
talent), owners of any interest in and to real estate, sites locations, p P Y
props that may be used or shown.
(f). It has not granted and shall not grant to any person or entity any right that would
or might derogate, encumber, or interfere with any of the rights granted to
Subgrantor in this subgranc agreement.
(g). It has appropriate systems and controls in place to ensure that state and federal
funds will not be used in the performance of this subgrant agreement for the
acquisition, operation or maintenance of computer software in violation of
copyright laws.
(h). It has no knowledge of any outstanding claims, licenses or other charges, liens,
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 11 of 14
SUBGRANT NO: R865489
MODIFICATION NO: NEW
or encumbrances of any kind or nature whatsoever that could affect in any way
Subgrantee's performance of this subgrant. agreement.
(2i SUBGRANTOF. MAKES NC WARRANTY, THAT THE INTELLECTUAL PROPERTI' RESllLTING FROM THIS
SUBGRANT AGREEMENT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE,
NOW EXISTING OR SUBSEQUENTLY ISSUED.
h). Intellectual Property Indemnity
(1) SubgranteE shall indemnify, defend and hold harmless Subgrantor and its licensees and
assignees, and its officers, directors, employees, agentfzomeandsanainsteall claims,
successors, and users of its products, ("Indemnities") g
actions, damages, losses, liabilities (or actions or proceedings with respect to any
thereof), whether or not rightful, arising from any and all actions or claims by any
third party or expenses related thereto (including, but not limited to,relaringal
expenses, court costs, and attorney's fees incurred in investigating, p proceedin
serving as a witness in, or defending against, any such claim action, or p 9~
commenced or threatenedi to which any of the Indemnities may be subject, whether or
not Subgrantee is a party to any pending or threatened litigation, which arise out of
or are related co !i) the incorrectness or breach of any of the representations,
warranties, covenants or agreements of Subgrantee pertaining to Intellectual Property;
or (ii) any Intellectual Property infringement, or any other type of actual or alleged
infringement claim, arising out of Subgrantor's use, reprodu~ioc andnprivatee, sale,
offer to sell, distribution, import, export, modification, p
performance/display, license, and disposition of the Intellectual Property made,
conceived, derived from, or reduced to practrce by Subgrantee or Subgrantor and
which result directly or indirectly from this subgrant agreement. This indemnity
obligation shall apply irrespective of whether the infringement claim is based on a
patent, trademark or copyright registration that was issued after the effective date
of this subgrant agreement. Subgrantor. reserves the right to participate in and/or
control, at Subgrantee's expense, any such infringement action brought against
Subgrantor.
(2) Should any Intellectual Property licensed by the Subgrantee to Subgrantor under this
subgrant agreement become the subject of an Intellectual Property infringement claim,
Subgrantee will exercise its authority reasonably and in good faith to preserve
Subgrantor's right to use the licensed Intellectual Property in accordance with this
subgrant agreement at no expensE to Subgrantor. Subgrantor shall have the right to
monitor and appear through its own counsel (at Subgrantee's expense) in any such claim
or action. In the defense or settlement of the claim. Subgrantee may obtain the right
for Subgrantor co continue using the licensed Intellectual Property or, replace or
modify the licensed IntEllectual Property so that the replaced or modified Intellectual
Property becomes non-infringing provided that such replacemen*_ or modification is
functionally equivalent to the original licensed Intellectual Property. If such
remedies are not reasonably available, Subgrantor may be entitled to a refund of all
monies paid under this subgrant agreement, without restriction or limitation of any
other rights and remedies available at law or in equity.
(3). Subgrantes agrees that damages alone would be inadequate to compensate Subgrantor for
breach of any term of these Intellectual Property provisions of paragraph nineteen a)
through nineteen i; by Subgrancee. Subgrantee acknowledges Subgrantor would suffer
irreparable harm in the event of such breach and agrees Subgrantor shall bE entitled
to obtain equitable relief, including without limitation an injunction,, from a court
of competent jurisdiction, without restriction or limitation of any other rights and
remedies available at law or in equity.
i). Survival
The provisions set forth herein shall survive any termination or expiration of this
subgrant agreement or any project schedule.
2D. Confidentiality Requirements
The State of California and the Subgrantee will exchange various Y.inds of information pursuant
to this subgrant agreement. That information will include data, applications, program files,
and information about specific clients receiving services. These data and information are
confidential when they define an individual or an employing unit or 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 not limited to, the Employment
Development Department, the California Department of Social Services, the California Department
of Education, the California Department of Corrections, the County Welfare Department(s), the
County Iv-D Directors Offire of Child Support, the Office of the District Attorney, the
California Department of Mental Health, the California OfficE of Community Colleges, the
Department of Alcohol and Drug Programs, and individuals requesting program services.
The Subgrantor and Subgrantee agree that:
- WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTEk Page 12 of 14
SUBGRANT NO: R865489
MODIFICATION NO: NEW
a}. Each party shall keep all confidential information that is exchanged between them in the
strictest confidence and make such information available to their own employees only on a
"need-co-know^ basis.
b). Each party shall provide security sufficient to ensure protection of hcsicadenandltechnicallon from
improper use and disclosures, including sufficient administrative, p y
safeguards to protect this information from reasonable unanticipated threats to the security
ox' confidentiality of the information.
c). The Subgrantee 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.
i. Aggregate Summaries• All reports and/or publications developed by the Subgrantee based on data
obtained under this agreement shall contain confidential data in aggregated or statistical
summary form only. "Aggregated" refers to a data ouput that does not allow identification of
an individual or employer unit.
ii. Publication: Prior to. publication, Subgrantee shall carefully analyze aggregated data outputs to
ensure the identity of individuals and/or employer units cannot be inferred pursuant to
Umemployment 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.
iii. Minimum Data Cell Size: The minimum data cell size or derivation, thereof shall be three
participants for any data table released to outside parties or to the public.
di- Each party agrees that no disaggregate data, identifying individuals or employers, shall be
released to outside parties or to the public.
ei. The Subgrantee shall notify Subgrantor's Information, Security Office of aCelechone at attempted
information security incidents, withinTncidenrs includelabuaearetnot,limited to, any event
!9161 654-6231. Information Security
(intentional or unintentional), that causes the loss, damage, or destruction, or unauthorized
access, use,. modification, or disclosure of information assets.
The Subgrantee shall cooperate with the Subgrantor in any investigations 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 correctiori and mitigation measures are applied.
If the Subgrancee learns of a breach in the security of the system which contains confidential
data obtained under this Subgrant, then the Subgrantee must provide notification to individuals
pursuant to_Civil Code section 1798.82.
f). The Subgrantee shall provide for the management and control of Phymobileacomsutin ldeovicesion
assets (including personal computer systems., computer terminals, P g
and various electronic storage media) used in performance of this Subgrant. This shall include,
but is not limited to, security measures to physicall}'-eventionaadetectionmsandnsuppression of
from unauthorized access and malicious activity; the p~
fires; and the prevention, detection, and minimization of water damage.
g). At no time will confidential data obtained pursuant to this agreement be placed on a mobile
computing device, or on any form of removable electronic 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 Civil Code, section 502 of
the Penal Code, section 2111 of the Unemployment Insurance Code, section 10850 of the Welfare
and Institutions Code and other applicable local, state and federal laws.
i). EacY, parcy_shall (where it is appropriate} store and process information in electronic
format, in such away that unauthorized persons cannot reasonably retrieve the information
by means of a computer.
j). Each party shall promptly return to the other party confidential information when its use
ends, or destroy the confidential -information. utilizing ar, approved method of destroying
confidential information: shredding, burning, or certified or witnessed destruction.
Magnetic media are tc be degaussed or returned to the other party.
k) If the Subgrantor or Subgrantee enters into an agreement with a third party to provide wIA
services, [he Subgrantor or Subgrancee agrees to include these data and security and
confidentiality requirements in the agreement with that third party. In nc event shall said
information be disclosed to any individual outside of that third party's authorized staff,
WIA SlTBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANA WORK CENTER Page 13 of 14
SUBGRANT NO: R8654B9
MODIFICATION NO: NEW
subcontraccor(si, service providezs, or employees.
The Subgrantee may, in its operation of the One-Stops, permit a One-Stop 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 Ca1JOBS. Subgrantes shall ensure that all such subcontracts comply with the
intellectual property requirements of paragraph 15 of this Subgrant, the confidentiality
requirements of paragraph 20 of this Subgrant and any other terms of this Subgrant that
may be applicable. In addition, the following requirements must be included in the
subcontracts:
(i) All client information submitted over the Internet to the subcontractor's databases
must be protected, at a minimum, by 12B-bit Secure Socket Layer (SSLi encryption.
Clients' social security numbers must be stored in a separate database within the
subcontractor's network of servers, and protected by a firewall and a secondary
database server firewall or AES data encryption. If a subcontractor receives client
social security numbers or ocher confidential information in the course of business,
for e>:ample a resume-distribution service chat provides enrollment in Ca1JOBS, social
security numbers must be destroyed within twc days after the client registers for
CalJOBS. If a subcontractor obtains confidential information as an agent of the
subgrahtee,.the subcontract must specifically 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. In accordance wiht 29 Code of Federal Regulations 97.42,
social security numbers and other client specific information shall not be retained for
more than three years after a client completes services. The subgozaothersa~tionextend
this period, only if any litigation, claim, negotiation, audit,
involving the records has been started before the end of the the three-year retention
period. In this case the records should be maintained until completion of the action
and resolution of all issues arising fron it, or until the close of the three-year
retention period, whichever is later. (29 CFR sec. 97.42 (b)(2)~)
{2i Client information (personal information that identifies a client such as name and
social security number) and/or demographic information of a client (such as wage
history, address, and previous employment) shall not be used as a basis for commercial
soiicita[ion during the time the client or agency is using the subcontractor's services.
Client information and/or demographic information shall not be used for any purposes
other Char, those specific program purposes set forth in the subcontract.
(3) A One-Stop client must still be given the option to use the One-Stop's services,
including Ca1JOBS, 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 upon registration within the One-Stop or for CalJOBS, the subcontractors
resume-distribution services, or any other services subcontractor offers to the client
or the One-Stop Operator.
(4) The subcontractor must clearly disclose all of its potential and intended uses of
the client's personal and/or demographic information for the services the clients
seeks and for-any other services .the subcontractor offers. 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 Policy shall appear prominently
on the registration screens that list the potential and intended uses of the client's
personal and/or demographic .information.
(5) when the Subgrantor modifies State automated systems such as the State Ca1JOBS System,
shallabe PesponsiblestoacommunicateosuchcchangesetotohehOneStopnOperator(s~gnachee
local area.
m). Each party shall designate an employee who shall be responsible for overall security and
confidentiality of its data and information systems and each party shall notify the other
of any changes in that designation. As of this date, the following are those individuals:
FOR THE SUBGRANTOP.
Name: Elizabeth J. Cling man
Title: Section Manager
Address: P.O. Box. 826880, N,IC.69
Sacraments, CA 94280-0001
Telephone: (916) 659-9699
Fax.: (916) 654-9586
FOk TAE SJBGRANTEE
Name: F'rgrl ,JutZ1
Title: ~,,~IB Administration/MIS Supervisor
Telephone: 714-565-2621
WIA SUBGRANT AGREEMENT Exhibit BB
Subgrantee: SANTA ANP. WORK CENTER ~ .Page 14 of 14
SUBGRANT NO: R8654B9
MODIFICATION NO: NEW
Fax: 714-835-7330
2:. Signatures
This subgran[ agreement is of no force and effect until signed by bcth of the parties hereto.
Subgrantee will not commence performance prior to the beginning of this subgrant agreement.
Revised April 2007
EXHIBIT COVER SHEET
EUBGRANT NO: R865489
MODIFICATION N0: 00
EXHIBIT DD
Page 1 OF 1
SUBGRANTEE: SANTA ANA WORK CENTER
FUNDING SOURCE: WIA TITLE I YOUTH FORMULA -301
TERM OF THESE FUNDS: 04/01/2007 TO: 06/30/2009 -__
~ 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 obligated
under this exhibit, if expenditure plans are not being-met_
PROGRAM NARRATIVE
The purpose of this action is to initiate your Program Year
2007-OB Workforce Investment Act (WIA) Title I subgrant
agreement by incorporating the Youth formula funds into
grant code 301.
For 2007-D8, per Training and Guidance Letter 22-06 (TEGLi,
you will be issued an initial allocation ir, accordance with
the TEGL. If additional amounts are awarded they will be
unilaterally incorporated into this subgrant.
The Local Workforce Investment Area (LWIA) will operate
this program in accordance with the approved workforce
Investment Plar, on file in the Workforce Services Division
of the Employment Development Department, F.O. Box 826880,
MIC 50, Sacramento, CA 924BG-0001.
~ This exhibit aaas tc 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...
WIA (3/2DOOi
c~-
G-140331-A99
(Ed. 10/01)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C.1.OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy # 2on~o2o3s Eff: 05/06!2007 05/06/08
SCHEDULE
Name of Person or Organization: City of Santa Ana
Designated Project: The City of Santa Ana, its officers, employees, agents & volunteers shall be named as Additional Insureds) as
respects General Liability only per the attached endorsement form G-140331-A99 with respects to Location:
Vacant lot @ southeast corner of Walnut Ave. & Bristol St., Santa Ana (APN #008-224-18, 19, 28)
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED (Section II) is amended to unless required by the written contract or written
include as an insured any person or organization, agreement.
including any person or organization shown in the 4. The insurance provided to the additional insured
schedule above, (called additional insured) whom does not apply to "bodily injury," "property
you are required to add as an additional insured on damage," or "personal and advertising injury'.
this policy under a written contract or written arising out of an architect's, engineer's, or
agreement; but the written contract or written surveyor's rendering of or failure to render any
agreement must be: professional services including:
1. Currently in effect or becoming effective during a. The preparing, approving, or failing to
the term of this policy; and prepare or approve maps, shop drawings,
2. Executed prior to the "bodily injury," "property opinions, reports, surveys, field orders,
damage," or "personal and advertising injury." change orders or drawings and
specifications; and
B. The insurance provided to the additional insured is
limited as follows: b. Supervisory, or inspection activities
pertormed as part of any related
1. That person or organization is an additional architectural or engineering activities.
insured solely for liability due to your negligence
and specifically resulting from "your work" for C. As respects the coverage provided under this
the additional insured which is the subject of the endorsement, SECTION IV - COMMERCIAL
written contract or written agreement. No GENERAL LIABILITY CONDITIONS are amended
coverage applies to liability resulting from the as follows:
sole negligence of the additional insured. 1. The following is added to the Duties In The
2. The Limits of Insurance applicable to the Event of Occurrence, Offense, Claim or Suit
additional insured are those specified in the Condition:
written contract or written agreement or in the e. An additional insured under this
Declarations of this policy, whichever is less. endorsement will as soon as practicable:
These Limits of Insurance are inclusive of, and
not in addition to, the Limits of Insurance shown 1 Give written notice of an occurrence or
in the Declarations. ~t~R an offense to us which may result in a
claim or "suit" under this insurance;
3. The coverage provided to the additional insured A~ ~~
by this endorsement and paragraph f. ender the defense and indemnity of
definition of "insured con ~'~1~ der any claim or "suit' to us for a loss we
DEFINITIONS (Section V) do~lri6[ apply t S.~pRC~~ey cover under this Coverage Part;
"bodily injury' or "property damage" arisin E• `,~y Pt~oC (3) Tender the defense and indemnity of
of the "products-completed operati az ~ C
~5`Star any claim or "suit" to any other insurer
G-140331-A99 Page 1 of 2
(Ed. 10/01)
G-15115-A 2077702038
(Ed. 10/89)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
CHANGES -NOTICE OF CANCELLATION
OR MATERIAL COVERAGE CHANGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
In the event of cancellation or material change that reduces or restricts the insurance afforded by
this Coverage Part (other than the reduction of aggregate limits through payment of claims), we
agree to mail prior written notice of cancellation or material change to:
SCHEDULE
1. Number of days advance notice: 30
2. Name: City of Santa Ana
3. Address: Public works Agency
20 Civic Center Plaza
Santa Ana. CA 92702
~® yOL"'
//~~ ~ ~~
V~
~~~ ~ ~ 5-~OP~ o Bey
~..~`'P t G~ty
~s`s~ar
California Labor and Workforce Development Agency
..,~"~-, Employment
_EDD Development
Department
Slat of California
Patrick W. Henning
Director
October 7, 2008
Mr. David N. Ream
Santa Ana Work Center
20 Civic Center Plaza, M-31
r '~ Santa Ana, CA 92701
r~ ~
", ..~.. Mr. Ream,
<=
v
~~,; ~
J.;~.9~~ ,,~
~.
Arnold Schwarzeneg~;er
Governor
WORKFORCE INVESTMENT ACT (WIA) SUBGRANT AGREEMENT R970558
Enclosed is a copy of modification number one of your Workforce
Investment Act (WIA) Subgrant Agreement. This modification incorporates
and adds your adult, dislocated worker and rapid response formula funds for
Program Year 2008-09.
If you have any questions, please contact your Regional Advisor.
Sincerely,
/s/ APRIL C. EALES
Manager
Financial Management Unit
Enclosure
cc: Mr. Miguel A. Pulido, Mayor-~
Gilbert von Studnitz, MIC 50
Esperanza Reardan, MIC 69
Workforce Services Branch
P.O. Box 826880 MIC 88 Sacramento CA 94280-0001 (916) 651-6051
iL~'~`-~
C~r~ ~u//
SANTA ANA WORK CENTER
WIA SUBGRANT AGREEMENT
REGISTRATION N0: R970558
MODIFICATION NO: O1
SUBGRANTEE CODE: SAN
SUBGRANTOR: State of California ~ SUBGRANTEE: SANTA ANA WORK CENTER
Employment Development Dept. ~ 20 CIVIC CENTER PLAZA (M-31)
Workforce Services Division ~ SANTA ANA CA 92701
P.O. Box 826880, MIC 69
Sacramento, CA 94280-0001 ~ GOVERNMENTAL ENTITY: YES
This Subgrant Agreement is entered into by and between the State of California, Employment Development Department,
hereinafter the Subgrantor, and the SANTA ANA WORK CENTER hereinafter the Subgrantee. The Subgrantee agrees
to operate a program in accordance with the provisions of this Subgrant and to have an approved WIA Local Plan for the
above named Subgrantor filed with the Subgrantor pursuant to the Workforce Investment Act (WIA).
This modificaton 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
Title I-A (WIA TITLE I ADULT FORMULA)
Title I-D (RAPID RESPONSE FOR RA&PGM)
Title I-D (TITLE I DISLOCATED WORKER)
ALLOCATION(S):
The Subgranter agrees to reimburse the Subgrantee
not to exceed the amount listed hereinafter "TOTAL":
Exhibit AA, pages 1 through 1
Exhibit CC, pages 1 through 2
Exhibit FF, pages 1 through 2
Exhibit EE, pages 1 through 2
PRIOR AMOUNT: $1,338,849.00
INCREASE/DECREASE: $2,238,348.00
TOTAL: $3,577,197.00
TERMS OF AGREEMENT:
From 04/01/2008 to 06/30/2010
Terms of Exhibits are as
designated on each exhibit
PURPOSE: To incorporate and add WIA funding for PY OB-09 into grant codes 201,202,501,502,540 and
541. /`~
APPROVED R, SUBGRANTOR (ED (By
~,
Name a d Title
BOB HE SMEIER
~•i~~/ CHIEF
~?' WORKFORCE SERVICES DIVISION
APPROVED FOR SUBGRANTEE (By signature)
?/ ~ Unilateral modification. Subgrantee Signature not required.
L ~ ~ ---1 ~
Name and Title
I hereby certify that to my knowledge, the budgeted ~ This Agreement does not fall within the meaning of Section
funds are vailable for the period and purpose of ~ 10295 of Chapter 2 of Part 2 of Division 2 of the Public
expenditu as stated herein: ~
1
~!'~1 f~ ~
~' if ~ ~'~'y' ~
~
~
~ Contract Code of the State of California and pursuant to
58 OPS Cal. Atty. n.,-586, is exe G, from r ~/iew or approval
of the Dept. of G.ral S~e/rjvic~es and t e„ D~. of Finance:
/ ~~ ~ ~~" ~ ~~~
ignature of E D A counting Officer ~
~ / Signa
/ S ,i re of EDD Contract Officer
Budget item: 7100 Fund: 0869 Budgetary Attachment: YES
Chapter 4~~~,.~ Statutes: 2008 FY: 08/09 PPS
WIA
SUBGRANT AGREEMENT
FUNDING DETAIL SHEET Exhibit AA
Page 1 of 1
SUBGRANTEE NAME: SANTA ANA WORK CENTER SUBGRANT NO: R970558
MODIFICATION NO: O1
I. ALLOCATION
PRIOR ~ ADJUSTED
FUNDING SOURCE ~ AMOUNT ~ INCREASE ~ DECREASE ~ ALLOCATION
TITLE Z-A : WIA-ADULT
96159 WIA TITLE I ADULT FORMULA (201) $0.00 ~ $224,364.00 ~ $0.00 ~ $224,364.00
07/01/2008 to 06/30/2010
Prog/Element 61/ 00 Ref 101 Fed Catlg
98289 WIA TITLE I ADULT FORMULA (202) ~ $0.00 ~ $1,068,256.00 $0.00 ~ $1,068,256.00
10/01/2008 to 06/30/2010
Prog/Element 61/ 00 Ref 101 Fed Catlg
TOTAL TITLE I--A ~ $0.00 ~ $1,292,620.00 ~ $0.00 $1,292,620.00
TITLE I-D: WIA-DISLOCATED WORKERS
96219 RAPID RESPONSE FOR RA&PGM (540) ~ $0. 00 ~ $57,030.00 ~ $0 .00 ~ $57,030. 00
07/01/2008 to 06/30/2009
Prog/Element 61/ 70 Ref 001 Fed Catlg
98429 RAPID RESPONSE FOR RA&PGM (541) ~ $0. 00 ~ $171,090. 00 ~ $0 .00 ~ $171,090. 00
10/01/2008 to 06/30/2009
Prog/Element 61./ 70 Ref 001 Fed Catlg
96209 TITLE I DISLOCATED WORKER (501) ~ $0 .00 ~ $203,576. 00 ~ $0 .00
$203,576.
00
07/01/2008 to 06/30/2010
Prog/Element 61/ 00 Ref 101 Fed Catlg
982].9 TITLE I DISLOCATED WORKER (502) ~ $0 .00 $514,032. 00 ~ $0 .00
$514,032.
00
10/01/2008 to 06/30/2010
Prog/Element 61/ 00 Ref 101 Fed Catlg
TOTAL TITLE I-D ~ $0 .00 ~ $945,728. 00 ~ $0 .00 $945,728. 00
TITLE I-Y: YOUTH
96109 WIA TITLE I YOUTH FORMULA (301) I $1,338,849.00 ~ $0.00 ~ $0.00 ~ $1,338,849.00
04/01/2008 to 06/30/2010
Prog/Element 61/ 00 Ref 101 Fed Catlg
TOTAL TITLE I-Y ~ $1,338,849.00 ~ $0.00 ~ $0.00 ~ $1,338,849.00
GRAND TOTAL: ~ $1,338,849.00 ~ $2,236,348.00 ~ $0.00 $3,577,197.00
All references are to the Workforce Investment Act of 1998, Title I, unless otherwise noted. For modifications
purposes only. A11 other terms and conditions of this exhibit not included herein remain unchanged.
EXHIBIT COVER SHEET
SUBGRANT NO: R970558 EXHIBIT CC
MODIFICATION NO: O1 Page 1 OF 2
SUBGRANTEE: SANTA ANA WORK CENTER
FUNDING SOURCE: WIA TITLE I ADULT FORMULA 201
TERM OF THESE FUNDS: 07/01/2008 TO: 06/30/2010
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 obligated
under this exhibit, if expenditure plans are not being met.
PROGRAM NARRATIVE
These funds are being incorporated into your Program Year
2008-09 Subgrant Agreement to support the Workforce
Investment Act (WIA) Adult Program. The funds in grant
code 201 consist of 1st round funding and are available for
expenditures from July 1, 2008 through June 30, 2010.
Second round funding is in grant code 202 and is available
for expenditure from October 1, 2008 through June 30, 2010.
Adult funds are available for expenditures provided an
approved plan is on file with the State of California.
---------------P---------------------- ------- ----Y---------------~
This exhibit adds to and does not re lace the terms and conditions of an other exhibit
included in this agreement which terms and conditions remain in full force and effect. ~
-------------------------------------------------------------------------------------------
WIA (3/2000)
EXHIBIT COVER SHEET
SUBGRANT NO: R970558 EXHIBIT CC
MODIFICATION N0: O1 Page 2 OF 2
SUBGRANTEE: SANTA ANA WORK CENTER
FUNDING SOURCE: WIA TITLE I ADULT FOR 2 202
TERM OF THESE FUNDS: 10/01/2008 TO: 06/30/2010
-------------------------------------------------------------------------------
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 obligated
under this exhibit, if expenditure plans are not being met.
-------------------------------------------------------------------------------
PROGRAM NARRATIVE
These funds are being incorporated into your Program Year
2008-09 Subgrant Agreement to support the Workforce
Investment Act (WIA) Adult Program. The funds in grant
code 202 consist of 2nd round funding and are available for
expenditures from October 1, 2008 through June 30, 2010.
First round funding is in grant code 201 and is available
for expenditures from July 1, 2008 through June 30, 2010.
However, though expenditures for grant code 202 can be
incurred as of October 1, 2006, funds will not be
available for draw down until the formal Notice of
Obligation (NOO) is received from the Department of Labor.
Adult funds are available for expenditures provided an
approved plan is on file with the State of California.
------------------------------------- --- -----------
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.
WIA (3/2000)
EXHIBIT COVER SHEET
SUBGRANT NO: R970558 EXHIBIT FF
MODIFICATION NO: Ol Page 1 OF 2
SUBGRANTEE: SANTA ANA WORK CENTER
FUNDING SOURCE: WIA RAPID RESPONSE 540
TERM OF THESE FUNDS: 07/01/2008 TO: 06/30/2009
-------------------------------------------------------------------------------
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 obligated
~ under this exhibit, if expenditure plans are not being met. ~
-------------------------------------------------------------------------------
PROGRAM NARRATIVE
These Workforce Investment Act (WIA) 25 percent Rapid
Response funds are being incorporated into your Program
Year 2008-09 Subgrant Agreement. The funds in grant code
540 consist of 1st round funding and are available for
expenditures from July 1, 2008 through June 30, 2009.
Second round funding is in grant code 541 and is available
for expenditures from October I, 2008 through June 30,
2009.
These "formula based" Rapid Response funds (see Information
Notice WSIN07-63) must be used for the cost of required and
allowable Rapid Response activities in response to layoffs,
business closures, and natural disasters.
-------------------------------------------------------------------------------------------
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.
WIA (3/2000)
' EXHIBIT COVER SHEET
SUBGRANT NO: R970558 EXHIBIT FF
MODIFICATION NO: O1 Page 2 OF 2
SUBGRANTEE: SANTA ANA WORK CENTER
FUNDING SOURCE: WIA RAPID RESPONSE #2 541
TERM OF THESE FUNDS: 10/01/2008 TO: 06/30/2009
-------------------------------------------------------------------------------
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 obligated
under this exhibit, if expenditure plans are not being met.
---------------------------------------------------- - -------------------------
PROGRAM NARRATIVE
These Workforce Investment Act (WIA) 25 percent Rapid
Response funds are being incorporated into your Program
Year 2008-09 Subgrant Agreement. The funds in grant code
541 consist of 2nd round funding and are available for
expenditures from October 1, 2008 through June 30, 2009.
First round funding is in grant code 540 and is available
for expenditures from July 1, 2008 through June 30, 2009.
However, though expenditures for grant code 541 can incurred
as of October 1, 2008, funds will not be available for draw
down until the formula Notice of Obligation (NOO) is
received from the Department of Labor.
These "formula based" Rapid Response funds (see Information
Notice WSIN07-63) must be used for the cost of required and
allowable Rapid Response activities in response to layoffs,
business closures, and natural disasters.
------------- ---------------------- - -----------
~ 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. ~
WIA (3/2000)
EXHIBIT COVER SHEET
SUBGRANT NO: R970558 EXHIBIT EE
MODIFICATION NO: O1 ~ Page 1 OF 2
SUBGRANTEE: SANTA ANA WORK CENTER
FUNDING SOURCE: WIA TITLE I DISLOCATED WR 501
TERM OF THESE FUNDS: 07/01/2008 TO: 06/30/2010
------------------------------------------------------------
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 obligated
under this exhibit, if expenditure plans are not being met.
-------------------------------------------------------------------------------
PROGRAM NARRATIVE
These funds are being incorporated into your Program Year
2008-09 Subgrant Agreement to support the Workforce
Investment Act (WIA) Dislocated Worker Program. The funds
in grant code 501 consist of 1st round funding and are
available for expenditures from July 1, 2008 through June
30, 2010. Second round funding is in grant code 502 and is
available for expenditures from October 1, 2008 through
June 30, 2010. Dislocated Worker funds are available for
expenditures provided an approved plan is on file with the
State of California.
-------------------------------------------------------------------------------------------
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.
----------------------------=----------------------------- --------------------------------
WIA (3/2000)
EXHIBIT COVER SHEET
SUBGRANT NO: R970558
MODIFICATION NO: O1
EXHIBIT EE
Page 2 OF 2
SUBGRANTEE: SANTA ANA WORK CENTER
FUNDING SOURCE: WIA TITLE I DISLOCAT WR2 502
TERM OF THESE FUNDS: 10/01/2008 TO: 06/30/2010
------------------------------------------------
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 obligated
under this exhibit, if expenditure plans are not being met.
PROGRAM NARRATIVE
These funds are being incorporated into your Program Year
2008-09 Subgrant Agreement to support the Workforce
Investment Act (WIA) Dislocated worker Program. The funds
in grant code 502 consist of 2nd round funding and are
available for expenditures from October 1, 2008 through
June 30, 2010. First round funding is in grant code 501
and is available for expenditures from July 1, 2008 through
June 30, 2010. However, though expenditures for grant code
502 can be incurred as of October 1, 2008, funds will not
be available for draw down until the formal Notice of
Obligation (NOO) is received from the Department of Labor.
Dislocated Worker funds are available for expenditures
provided an approved plan is on file with the State of
California.
------------------------------------------'------------------------------------------------
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.
WIA (3/2000)
BUSINESS CALENDAR
55.B. ADOPT A RESOLUTION OF SUPPORT FOR THE PRESERVE
AMERICA HISTORIC PRESERVATION FUND GRANT APPLICATION
Motion:
Adopt a resolution.
RESOLUTION NO. 2008-036 - A resolution of the City Council of the City
of Santa Ana supporting and authorizing an application for Preserve
America grant funds to fund historic preservation projects within the City of
Santa Ana
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido {7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None {0)
55.C. INVESTMENT ACT TITLE ISUB-GRANT FOR PY 2008-
09
Motion:
Adopt a resolution.
RESOLUTION NO. 2008 - 037- A resolution of the City Council of the City
of Santa Ana authorizing the City Manager or his designee to execute alf
necessary documents for the _ _ _ _ Investment Act Sub-Grant with
the State of California Investment Division
MOTION: Sarmiento
VOTE: AYES:
CITY COUNCIL MINUTES
SECOND: Alvarez
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero, Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Aso
JUNE 2, 2048
ies: snsroa
RESOLUTION NO.2008-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ALL NECESSARY
DOCUMENTS FOR THE ~. INVESTMENT ACT
SUB-GRANT WITH THE STATE OF CALIFORNIA,
INVESTMENT DIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Gouncil of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Investment Act {WIA) of 1998 provides funds to Local
Investment Areas {LWIA} to operate job-training programs
permissible under the Act for adults, dislocated workers and youth
meeting specific criteria set forth in the Act.
B. On January 28, 2000, the City of Santa Ana was designated as a LWIA
and an administrative entity by the State Investment Board.
The City of Santa Ana has received WIA funds to operate job-training
programs since July 1, 2000.
C. Anew sub-grant is required at the beginning of each fiscal year in order to
avoid the commingling of funds from the previous year. Submittal of this
sub-grant is the first step in the process enabling the City of Santa Ana to
receive WIA funds as they are allocated by the State of California for fiscal
year 2008-2009.
D. Submittal of the sub-grant agreement will enable the City to be eligible to
receive $1,338,849.00 in WIA Youth Funds for fiscal year 2008-2009. The
City will also be eligible to receive additional funds for the Adult and
Dislocated Worker Programs during the year by a unilateral modification
from the State of California.
E. The sub-grant and other related documents from the State of California
must be reviewed and executed by the City of Santa Ana in order to
receive said funding.
Section 2. The City Council of the City of Santa Ana hereby authorizes the
City Manager or his designee to execute all necessary documents related to the sub-
grant with the State of California, Investment Division.
Resolution No. 2008-037
Page 1 of 2
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 2"d day of June, 2008.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers: Alvarez, Benavides. Bustamante Martinez
Pulido. Sarmiento Tinaiero (7)
NOES: Councilmembers: None l0)
ABSTAIN: Councilmembers: None 0
NQT PRESENT: Councilmembers: None 0
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2008-037 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 2.2008.
Date: ~ ~(9 y- D~1
Patricia E. Healy
Clerk of Council
City of Santa Ana
Resolution No. 2008-037
Page 2 of 2
CONSENT CALENDAR
APPROPRIATION ADJUSTMENT NO. 08-107 - To allocate funds to
the Downtown Santa Ana Business Improvement District budget far
2408 and to reimburse funds 407 and 27 for the holiday lighting
decorations and utility costs.
3. Authorize the City Manager and Clerk of the Council to execute
an agreement subject to the non substantive changes approved
by the City Manager and City Attorney
AGMT NO. 2008-056 -With The Downtown Business Council in the
amount of $136,000 for cone-year term -Community Development
Agency
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Tinajero (5)
NOES: None (0)
ABSTAIN: Pulido, Sarmiento (2)
ABSENT: None (0)
20.B. APPROPRIATION ADJUSTMENT ~ _~~t ~ INVESTMENT ACT
ADDITIONAL FUNDS
Motion:
Approve an appropriation adjustment. (Requires frve a>ffrmative
votes)
APPROPRIATION ADJUSTMENT NO. 08-096 -Recognizing additional
revenues of $1,620 in Title 115% Pilot Special Project funds, $1,445 in
Title I Adult funds, and $2,050 in Title I Dislocated Workers funds from the
State of California for . Investment Act programs.
GRANTS
21.A. FY HOMELAND SECURITY GRANT PROGRAMS - MMRS 2007
Motion:
CITY COUNCIL MINUTES 87 APRIL 7, 2008