ORIGINAL
WORKFORCE INNOVATION AND OPPORTUNITY ACT
AGREEMENT
(Comprehensive Youth Services)
By and Between the
CITY OF ANAHEIM
and
ORANGE COUNTY CONSERVATION CORPS
TABLE OF CONTENTS
Section 1 Definitions 2
Section 2. Subgrant. 4
2.1 Amount of Subgrant 4
2.2 Maximum Amount of Subgrant 4
2.3 Disbursement of Subgrant Proceeds 4
2.4 Conditions Precedent to Disbursement 4
2.5 Fiscal Limitations 4
2.6 Programs Utilizing Multiple Funding Sources 5
2.7 Use of Federal Funds 5
Section 3. Subrecipient's Services. 5
3.1 Scope of Services 5
3.2 Notices to Proceed 5
3.3 Time for Performance 5
3.4 Subrecipient's Proposal 6
3.5 Compliance with Law 6
3.6 Licenses, Permits, Fees and Assessments 6
3.7 Nondiscrimination 6
3.8 Familiarity with Work 6
3.9 Inspection 6
Section 4. Term 6
Section 5. Coordination of Services 7
5.1 City's Representative 7
5.2 Subrecipient's Representative 7
5.3 Prohibition Against Subcontracting and Assignments 7
5.4 Independent Subrecipient 7
Section 6. Insurance and Indemnification 8
6.1 Insurance 8
6.2 Indemnification 9
Section 7. Enforcement of Agreement 9
7.1 Events of Default 10
7.2 Immediate Termination for Subrecipient's Default 10
7.3 Termination Without Cause 10
7.4 Attorneys' Fees 10
Section 8. Use and Ownership of Documents and Data. 10
8.1 Data to be Furnished by City 10
8.2 Ownership of Documents 10
Section 9. Records, Reports and Audits 11
9.1 Records and Reports; Retention of Records 11
9.2 Monitoring 11
Section 10. Miscellaneous Provisions 11
10.1 Waiver 11
10.2 Notices 11
10.3 Relationship of Parties 12
10.4 No Third Party Rights 12
10.5 Non-Liability of Members, Officials and Employees of the City 12
10.6 Controlling Law 13
10.7 Time of the Essence 13
10.8 Remedies Cumulative 13
10.9 Effect of Invalidity 13
10.10 Successors and Assigns 13
10.11 Entire Agreement 13
10.12 Authority 13
10.13 Conflicts of Interest 13
10.14 Time for Acceptance of Agreement by City 14
EXHIBITS
Exhibit A Work Plan Summary
Exhibit B Covenants Re: Use of Federal Funds
11 WORKFORCE INNOVATION AND OPPORTUNITY ACT
AGREEMENT
(Comprehensive Youth Services)
This WORKFORCE INNOVATION AND OPPORTUNITY ACT AGREEMENT (this "Agreement"), dated for purposes of identification only as of July 1, 2024 (the "Date of Agreement"), is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation and charter city (the "City"), A
ORANGE COUNTY CONSERVATION CORPS, a California corporation (the "Subrecipient").
RECITALS
A. Among other things, the Workforce Innovation and Opportunity Act (hereinafter defined as the "Act") supersedes Titles I and H of the Workforce Investment Act of 1998 and strengthens the United States workforce development system, which provides the framework for the delivery of workforce investment activities at the State and local levels.
B. The purpose of Title 1 of the Act is to help job seekers (each hereinafter defined as a "Qualified Participant") access employment, education, training and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.
C. At the local level, the workforce development system includes Local Workforce Development Areas; the Governor of the State of California has designated the City of Anaheim a Local Workforce Development Area under the Act.
D. Title I of the Act permits certain workforce development activities within Local Workforce Development Areas, including employment and training activities for adults and dislocated workers, and youth activities.
E. Through the California Employment Development Department ("EDD"), the Department of Labor of the United States (the "Department of Labor") has awarded the City a grant (the "WIOA Grant") to fund and operate various workforce development activities (collectively, the "City's WIOA Programs") consistent with the purposes of the Title 1 of the Act.
1 F. The City desires to contract with public and private organizations, including employers, who are qualified to participate in the City's WIOA Programs by providing services to Qualified Participants (each, a "Qualified Subrecipient").
G. Subrecipient is a Qualified Subrecipient.
H. The City and Subrecipient (each, a "Party" and jointly, the "Parties") desire to enter into this Agreement so that Subrecipient may receive a subgrant of the proceeds of the WIOA Grant (hereinafter defined as the "Subgrant") in consideration for Subrecipient's participation in the City's WIOA Programs and provision of services to Qualified Participants upon the request of the City.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND THE SUBRECIPIENT AGREE AS FOLLOWS:
Section 1. Definitions.
The following capitalized terms used in this Agreement shall have the following meanings:
"Act" means the Workforce Innovation and Opportunity Act (Public Law 113-128, enacted on July 22, 2014 and codified at 29 U.S.C.A. 3101 et seq.), as amended from time to time. "Agreement" means this Workforce Innovation and Opportunity Act Agreement by and between the City and the Subrecipient.
"City" is defined in the initial paragraph of this Agreement and includes any assignee of or successor to the rights, powers and responsibilities of the City. The Workforce Development Manager of the Workforce Development Division of the City of Anaheim, or his designee, (hereinafter defined as the "City's Representative") shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City's Representative is authorized to act on behalf of the City unless this Agreement specifically provides otherwise or the context should otherwise require. "City's Representative" means the Workforce Development Manager of the City's Housing and Community Development Department.
"City's WIOA Programs" is defined in Recital E hereof
"Conditions to Disbursement" is defined in Section 2.3 hereof "Covenants Re: Use of Federal Funds" means those additional covenants of Subrecipient required due to the federal source of the Subgrant Proceeds which are attached hereto as Exhibit B and incorporated herein by this reference.
"Date of Agreement" is defined in the initial paragraph of this Agreement. "Default" is defined in Section 7.1 hereof.
2 "Department of Labor" is defined in Recital E hereof. "EDD" is defined in Recital E hereof.
"Maximum Amount of Subgrant" means $283,290.00.
"Notice to Proceed" means a written notice from the City which (i) approves the Curriculum for Participants, if required by City, (ii) establishes the maximum number of Qualified Participants for which the Subrecipient may receive Subgrant Proceeds and (iii) notifies the Subrecipient that the Subrecipient may proceed to provide Subrecipient's Services to a particular Qualified Participant.
"Parties" is defined in Recital H hereof
"Qualified Participants" means, generally, persons participating in the City's WIOA Programs. "Qualified Subrecipient" is defined in Recital F hereof "Schedule of Compensation" means the description of the terms of compensation which is set forth in the Work Plan Summary.
"Scope of Work" means the description of the Subrecipient's Services which is set forth in the Work Plan Summary.
"Subgrant" is defined in Section 2.1 hereof.
"Subgrant Proceeds" means the proceeds of the Subgrant. "Subrecipient" is defined in the initial paragraph of this Agreement. The Subrecipient's Representative shall represent Subrecipient in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by Subrecipient, the Subrecipient's Representative is authorized to act on behalf of Subrecipient unless this Agreement specifically provides otherwise or the context should otherwise require. "Subrecipient's Representative" means Katharyn 0. Muniz. "Subrecipient's Services" means the services provided by Subrecipient to Qualified Participants in connection with Subrecipient's participation in the City's WIOA Programs pursuant to this Agreement and includes, but is not limited to, the provision of the services set forth in the Scope of Work.
"Term" is defined in Section 4 hereof
"Term Expiration Date" means June 30, 2026.
"WIOA Grant" is defined in Recital E hereof.
"Work Plan Summary" means the summary attached hereto as Exhibit A and incorporated herein by this reference.
3 "Workplace" means the place where the Subrecipient provides Subrecipient's Services to Qualified Participants.
Section 2. Subgrant.
2.1 Amount of Subgrant. Upon satisfaction of the Conditions to Disbursement, the City agrees to grant to Subrecipient proceeds of the WIOA Grant in the amounts set forth in the Schedule of Compensation (collectively, the "Subgrant"), subject to all of the terms, covenants and conditions of this Agreement.
2.2 Maximum Amount of Subgrant. In no event shall the aggregate amount of the Subgrant Proceeds distributed to Subrecipient over the Term of this Agreement exceed the Maximum Amount of Subgrant.
2.3 Disbursement of Subgrant Proceeds. Upon satisfaction of the Conditions to Disbursement or written waiver thereof by the City, the City shall distribute the Subgrant Proceeds in monthly or quarterly installments, as requested by Subrecipient, in arrears, in order to compensate Subrecipient for the provision of Subrecipient's Services under this Agreement.
Requests for disbursements by Subrecipient shall be made by Subrecipient sending to the City, not more frequently than monthly nor less frequently than quarterly, a detailed invoice in a form specified and approved by the City.
2.4 Conditions Precedent to Disbursement. Subrecipient agrees further that the City shall not be obligated to make any disbursement of the Subgrant Proceeds unless and until Subrecipient has fulfilled all of the City's customary conditions for disbursement of Subgrant Proceeds under the City's WIOA Programs (the "Conditions to Disbursement"). Such conditions include, for purposes of guidance and illustration, but are not limited to, the following:
A. The City shall have received all insurance certificates required by it pursuant to and in accordance with Section 6.1 of this Agreement.
B. The City shall have received evidence that (i) Subrecipient has the power to enter into this Agreement, (ii) all documents executed by Subrecipient pertaining to this Agreement are valid and binding obligations of Subrecipient, enforceable according to their terms and (iii) the officers and agents executing such documents are duly empowered and authorized to execute them on behalf of Subrecipient.
C. The City shall have received copies of any and all licenses, permits, notices, and certificates required by the City pursuant to and in accordance with Section 3.6 of this Agreement.
D. The City shall have issued Notices to Proceed for each Qualified Participant.
The City's Representative may waive or modify in writing any of the Conditions to Disbursement of the Subgrant Proceeds.
2.5 Fiscal Limitations. The United States of America, through the Department of Labor, may in the future place programmatic or fiscal limitations on WIOA Grants not presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of such actions. In the event of funding reduction, the City may reduce the budget for this 4 Agreement as a whole or may limit the rate by which Subrecipient receives the Subgrant for providing Subrecipient's Services to Qualified Participants. If the Department of Labor directs the City to implement a reduction in funding, the City's Representative may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose.
Where the City's Representative has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Agreement of Subrecipient, the City's Representative may act for the City in suspending the operation of this Agreement for up to sixty (60) days upon three (3) days' notice to Subrecipient of the City's intention to so act, pending an audit or other resolution of such questions.
2.6 Programs Utilizing Multiple Funding Sources. For programs in which there are sources of funds in addition to WIOA Grant funds, Subrecipient shall provide proof of such funding. The City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided for in this Agreement relative to accounting, budgeting and reporting apply to the total program regardless of funding sources.
2.7 Use of Federal Funds. Subrecipient acknowledges and agrees that the Subgrant is funded from WIOA Grant funds allocated to the City by the United States of America through the Department of Labor. Accordingly, Subrecipient hereby provides to the City those covenants set forth in the Covenants Re: Use of Federal Funds.
Section 3. Subrecipient's Services.
3.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Subrecipient shall provide the Subrecipient's Services, as authorized by the City's Representative. Subrecipient represents and warrants that Subrecipient's Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the City's WIOA Programs.
3.2 Notices to Proceed. Subrecipient acknowledges and agrees that City shall request that Subrecipient provide the Subrecipient's Services on an "as requested" basis and that City does not guaranty a minimum number of Qualified Participants for whom Subrecipient's Services shall be requested and required under this Agreement. Subrecipient acknowledges and agrees that Subrecipient shall not commence to provide Subrecipient's Services to a particular Qualified Participant hereunder unless and until Subrecipient receives a Notice to Proceed from the City authorizing the provision of Subrecipient's Services to that particular Qualified Participant.
Subrecipient further acknowledges and agrees that this Agreement and any request for the provision of services hereunder is nonexclusive and that the City may enter into similar agreements with other entities for the provision of similar services.
3.3 Time for Performance. Time is of the essence in the performance of this Agreement. Subrecipient shall perform and complete all of Subrecipient's Services in a timely and expeditious manner.
Subrecipient shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that Subrecipient has delivered to the City written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. 5 3.4 Subrecipient's Proposal. The Scope of work shall include the Subrecipient's proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
3.5 Compliance with Law. Subrecipient's Services shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and any Federal, State or local governmental agency of competent jurisdiction.
3.6 Licenses, Permits, Fees and Assessments. Subrecipient shall obtain, at Subrecipient's sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of Subrecipient's Services. Subrecipient shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this Agreement.
3.7 Nondiscrimination. Subrecipient agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of Subrecipient's Services. To the extent this Agreement provides that Subrecipient offer accommodations or services to the public, such accommodations or services shall be offered by Subrecipient to the public on fair and reasonable terms.
3.8 Familiarity with Work. By executing this Agreement, Subrecipient represents and warrants that Subrecipient (i) has thoroughly investigated and considered Subrecipient's Services to be performed, (ii) has carefully considered how Subrecipient's Services should be provided and (iii) fully understands the facilities, difficulties and restrictions attending the provision of Subrecipient's Services under this Agreement. Should the Subrecipient discover any latent or unknown conditions materially differing from those inherent in the provision of Subrecipient's Services or as represented by the City, Subrecipient shall immediately inform the City of such fact and shall not proceed except at Subrecipient's risk until written instructions are received from the City.
3.9 Inspection. The City, EDD and the Department of Labor and their agents and representatives shall have the right at any reasonable time to observe the provision of Subrecipient's Services. The City is under no duty to supervise the provision of Subrecipient's Services. Any inspection or examination by the City is for the sole purpose of protecting and preserving the City's rights under this Agreement. No default of Subrecipient shall be waived by any inspection by the City. In no event shall any inspection by the City be a representation that there has been or will be compliance with this Agreement or that Subrecipient is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this Agreement or the provision of Subrecipient's Services. Subrecipient shall make or cause to be made such other independent inspections as Subrecipient may desire for Subrecipient's own protection.
Section 4. Term. This Agreement shall be for a term (the "Term") commencing on the Date of Agreement and terminating on the Term Expiration Date, subject to earlier termination as provided in Subsection 6.1.4 or Section 7 hereof.
6 Section 5. Coordination of Services.
5.1 City's Representative. The City's Representative shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City's Representative is authorized to act unless this Agreement specifically provides otherwise or the context should otherwise require.
5.2 Subrecipient's Representative. Subrecipient's Representative shall represent the Subrecipient in all matters pertaining to this Agreement. Subrecipient's Representative is authorized to act on Subrecipient's behalf with respect to the services and work to be provided hereunder and make all decisions in connection therewith.
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal are a substantial inducement for the City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of Subrecipient and devoting sufficient time to personally supervise the provision of Subrecipient's Services hereunder. The foregoing principal may not be changed by Subrecipient and no other personnel may be assigned to supervise the Subrecipient's Services to be provided hereunder without the express written consent of the City,
5.3 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior written consent of City. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to City. This is a personal services contract and the Subrecipient was chosen on the basis of characteristics unique to the Subrecipient. City shall have the right to unreasonably or arbitrarily withhold its consent to any such assignment, transfer, encumbrance, pledge, subuse, or permission.
5.4 Independent Subrecipient. Subrecipient and any agent or employee of Subrecipient shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Subrecipient's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient.
Subrecipient shall not have authority to act as an agent on behalf of City unless specifically authorized to do so in writing. Subrecipient acknowledges that it is aware that because it is an independent subrecipient, City is making no deduction from any amount paid to Subrecipient and is not contributing to any fund on its behalf. Subrecipient disclaims the right to any fee or benefits except as expressly provided for in this Agreement.
As respects all acts or omissions of Subrecipient relating to Subrecipient's responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient, the Subrecipient agrees to indemnify, defend (at the City's option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the Subrecipient's performance or failure to perform under this Section.
Section 6. Insurance and Indemnification.
6.1 Insurance. Without limiting City's right to indemnification, it is agreed that Subrecipient shall secure, prior to commencing any activities under this Agreement, and maintain, during the Term of this Agreement, insurance coverage as set forth in this Section 6.1.
6.1.1 Required Insurance Coverage. Subrecipient shall secure and maintain the following insurance coverage:
(a) Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence/accident/illness/injury; and (b) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form; and
(c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.
The City's Representative, with the consent of the City's Risk Manager, is hereby authorized to reduce the requirements set forth above in the event he determines that such reduction is in City's best interest.
6.1.2 Required Clauses in Policies. Each policy of general liability insurance and automobile insurance required by this Agreement shall contain the following clauses:
"Written notice of cancellation shall be delivered to the City Clerk of the City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92805 in accordance with the policy provisions."
"It is agreed that any insurance maintained by the City of Anaheim shall apply in excess of and not contribute with insurance provided by this policy."
"The City of Anaheim, its officials, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Anaheim." Subrecipient hereby agrees to waive subrogation which any insurer of the Subrecipient may acquire from the Subrecipient by virtue of the payment of any loss. If requested by City, 8 Subrecipient agrees to obtain and deliver to City an endorsement from Subrecipient's general liability and automobile liability insurance insurer to effect this waiver of subrogation.
6.1.3 Required Certificates and Endorsements. Prior to commencement of any work under this Agreement, the Subrecipient shall deliver to City (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by City, it shall be the Subrecipient's responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, City reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement, including endorsements effecting the coverage required by these specifications..
6.1.4 Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Subrecipient fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
(a) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under this Agreement; (b) Order the Subrecipient to stop work under this Agreement and/or withhold any payment(s) which become due to the Subrecipient hereunder until the Subrecipient demonstrates compliance with the requirements hereof;
(c) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for the Subrecipient's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which the Subrecipient may be held responsible for payment of damages to persons or property resulting from the Subrecipient's or its subcontractor's performance of Subrecipient's Services under this Agreement.
6.2 Indemnification. As respects acts, errors or omissions in the performance of Subrecipient's Services under this Agreement, the Subrecipient agrees to indemnify and hold harmless the City, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of the Subrecipient's acts, errors or omissions in the performance of Subrecipient's Services under the terms of this Agreement.
Section 7. Enforcement of Agreement.
9 7.1 Events of Default. For purposes of this Section 7, the word "Default" shall mean the failure of Subrecipient to perform any of Subrecipient's duties or obligations or the breach by Subrecipient of any of the terms and conditions set forth in this Agreement. In addition, Subrecipient shall be deemed to be in Default upon Subrecipient's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptCy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing) or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Subrecipient's assets or of Subrecipient's interests hereunder.
City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Subrecipient specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City's obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
7.2 Immediate Termination for Subrecipient's Default. In the event of any Default by Subrecipient, City may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by Subrecipient of written notice from City. In such event, Subrecipient shall have no further rights hereunder; City shall have all other rights and remedies as provided by law.
7.3 Termination Without Cause. Either City or Subrecipient may terminate this Agreement at any time without the necessity of cause or Default by the other Party by giving thirty (30) days' notice in writing to the other Party. In such event, the Parties shall have no further rights hereunder, except that Subrecipient shall be paid for Subrecipient's Services rendered and completed prior to such termination.
7.4 Attorneys' Fees. City and Subrecipient agree that in the event of litigation to enforce this Agreement or terms, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys' fees, incurred in connection with such litigation.
Section 8. Use and Ownership of Documents and Data.
8.1 Data to be Furnished by City. City shall furnish to Subrecipient such documents and materials as may be relevant and pertinent to the provision of services hereunder as City may possess or acquire.
8.2 Ownership of Documents. All documents and materials furnished by the City to Subrecipient pursuant to Section 8.1 hereof shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All documents and materials prepared by Subrecipient hereunder shall become the property of the City at the time of payment to 10 Subrecipient of all fees and expenses for their preparation, and shall be delivered to the City by Subrecipient at the request of the City. The documents and materials prepared by Subrecipient hereunder shall not be used by the City or others, except for the purpose for which they were intended. The City agrees not to associate Subrecipient's name with any documents or materials not prepared by Subrecipient.
Section 9. Records, Reports and Audits.
9.1 Records and Reports; Retention of Records. Subrecipient shall prepare and submit financial, program progress, monitoring, evaluation, personnel, property and financial records and other reports as required by the City and in the format acceptable to the City to assure proper accounting of all WIOA Grant funds. Subrecipient shall furnish such information which, in the judgment of the City's Representative, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality and goals of the City's WIOA Programs. Subrecipient shall retain all records and reports required under this Section for a period of three (3) years after the termination of this Agreement.
9.2 Monitoring. The City may conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management, and impact of the program.
Authorized representatives of the City, EDD and the Department of Labor shall have the right of access to all activities and facilities operated by Subrecipient in connection with this Agreement.
Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance at all pertinent staff, board of directors, advisory committee, and advisory board meetings and inspection by the City, EDD and the Department of Labor. Subrecipient shall ensure that its employees and board members furnish such information as, in the judgment of the City, EDD and the Department of Labor, may be relevant to the question of compliance with contractual conditions and Depai tinent of Labor directives, or the effectiveness, legality, and achievements of the City's WIOA Programs.
Section 10. Miscellaneous Provisions.
10.1 Waiver. Inaction by City or Subrecipient with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either City or Subrecipient of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.
10.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Subrecipient to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to City: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
11 With copies to: Workforce Development Manager
Housing and Community Development Department
City of Anaheim
290 S. Anaheim Boulevard, Suite 102
Anaheim, California 92805
FAX No. (714) 765-4363
City Attorney
City of Anaheim
200 S. Anaheim Boulevard, 3rd Floor
Anaheim, California 92805
FAX No. (714) 765-5123
To Subrecipient: ORANGE COUNTY CONSERVATION CORPS
1853 N. Raymond Avenue
Anaheim, CA 92801
Attention: Chief Executive Officer
Telephone No.: 714-956-6222 x302
FAX No. 714-956-1944
10.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Subrecipient is and will be at all times an independent subrecipient pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of the City.
10.4 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
10.5 Non-Liability of Members, Officials and Employees of the City. No member, official or employee of the City shall be personally liable to Subrecipient, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Subrecipient or Subrecipient's successors, or on any obligation under the terms of this Agreement. Subrecipient hereby waives and releases any claim Subrecipient may have against the members, officials or employees of the City with respect to any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient's successors, or any obligations under the terms of this Agreement. Subrecipient makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
12 HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR."
10.6 Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
10.7 Time of the Essence. Time is hereby expressly declared to be the essence of this Agreement and of each and every term, covenant and condition hereof which relates to a date or a period of time.
10.8 Remedies Cumulative. The remedies given to City and Contract herein shall be cumulative and are given without impairing any other rights given City or Subrecipient by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by City or Subrecipient shall not exclude the exercise of any other remedy.
10.9 Effect of Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
10.10 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of City and to the permitted successors and assigns of Subrecipient, and all references to "City" or "Subrecipient" shall be deemed to refer to and include all permitted successors and assigns of such Party.
10.11 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of the City and the Subrecipient with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Subrecipient which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified or added except by an agreement in writing signed by City and Subrecipient.
10.12 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms.
Subrecipient shall, at City's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
10.13 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affect his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.
13 10.14 Time for Acceptance of Agreement by City. This Agreement, when executed by Subrecipient and delivered to City, must be authorized, executed and delivered by the City on or before forty-five (45) days after the execution and delivery by Subrecipient or this Agreement shall be void, except to the extent that Subrecipient and City shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. (Remainder of page intentionally left blank; signatures on next page) 14 IN WITNESS WHEREOF, the City and the Subrecipient have executed this Agreement on the respective dates set forth below.
"CITY"
CITY OF ANAHEIM,
a municipal corporation and charter city
Dated: By:
Grace Ruiz-Stepter
Director, Department of Housing and
Community Development
ATTEST:
THERESA BASS, CITY CLERK
By:
City Clerk
APPROVED AS TO FORM:
CITY ATT
By:
Ryan ill+ dg
Deputy y Att rney OR't
"SUBRECIPIENT"
ORANGE COUNTY CONSERVATION
Dated:
CORPS, a 'aliforniaa o ation
K aryn 0. Muniz
C ief Executive Officer
153075.2
15 personally appeared
ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
c.Atougiima 146c before me,
[here insert name and title of the officer]
t‘.) [here insert name(s) of signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
CAROLINA JIMENEZ
Notary Public - California
Orange County
Commission #2486187
My Comm. Expires Apr 29, 2028
(Seal)
EXHIBIT "A"
WORK PLAN SUMMARY
(Behind this sheet)
Exhibit A
ORANGE COUNTY CONSERVATION CORPS
WIOA YOUTH PROGRAM
PY 2024-2025
PROGRAM IMPLEMENTATION
The OCCC shall conduct outreach and recruitment activities to targeted Out-of- school youth ages 18 to 24 who meet eligibility requirements and is within one or more of the following categories defined in WIOA sections 129(a)(1)(B) and 3(46). The OCCC will conduct pre-certification and eligibility screening of all potential youth enrollments following established WIOA eligibility guidelines as set forth by the City.
The OCCC shall ensure that allocated funds be used to provide activities in this program to Out-of-School youth. Out-of-school youth are those individuals not younger than 18 or older than 24 who are:
• Not attending any school (as defined under State law); • Because age eligibility is based on the age of enrollment, participants may continue to receive services beyond the age of 24 once they are enrolled in the program; and
• One or more of the following:
i. A school dropout;
ii. A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. The school year calendar quarter is based on how a local school district defines its school year quarters; iii. A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is either basic skills deficient or an English Language Learner;
iv. An individual who is subject to the juvenile or adult justice system; v. A homeless individual, a runaway, an individual who is in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (John H. Chafee Foster Care Independence Act), or an individual who is in an out-of-home placement;
vi. An individual who is pregnant or parenting;
vii. An individual with a disability;
viii. A low-income individual who required additional assistance to enter or complete an educational program or to secure or hold employment.
The OCCC shall conduct preliminary eligibility screening of all potential youth enrollments following established WIOA eligibility guidelines as set forth by the City through its One-Stop Workforce Center. The OCCC shall submit MIS applications to the City for entry into CalJOBS, other forms will be entered into CalJOBS by OCCC within the established City guidelines.
• The City will certify WIOA eligibility based on the eligibility documentation provided for each potential youth program participant. In no event are participants to be enrolled or training to begin until the City has completed the WIOA eligibility certification process. The OCCC is liable for any costs disallowed on any individuals enrolled before eligibility certification.
The OCCC must provide an Objective Assessment of the individual's readiness for meaningful work. The assessment will include academic and employability skill levels, service needs of each participant, a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including non-traditional job interests), supportive service needs, and developmental needs of the participant.
The OCCC must develop an Individualized Service Strategy for each participant that shall identify a career pathway goal, appropriate achievement objectives based on Objective Assessment results, planned supportive services, and performance measure/indicator(s) to be met. The OCCC must provide preparation for post- secondary educational opportunities, strong linkages between academic and occupational learning, preparation for unsubsidized employment opportunities, and effective connections to intermediaries with strong links to the job market and local regional employers.
The OCCC must provide eligible youth with information on the services available through the Anaheim One-Stop Workforce Center and be referred for appropriate training and education programs.
The OCCC must ensure that the fourteen (14) program elements required under WIOA are made available for youth to access under WIOA section 129(c)(2):
1) Tutoring, study skills training, and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized equivalent (including a recognized certificate of attendance or similar document for individuals with disabilities) or a recognized post-secondary credential;
2) Alternative secondary school services, or dropout recovery services, as appropriate; 3) Paid and unpaid work experiences that have academic and occupational education as a component of the work experience, which may include the following types of work experiences:
i) Summer employment opportunities and other employment opportunities are available throughout the school year;
ii) Pre-apprenticeship programs;
iii) Internships and job shadowing;
iv) On-the-job training opportunities
4) Occupational skills training, which includes priority consideration for training programs that lead to recognized postsecondary credentials that align with in- demand industry sectors or occupations in the local area involved, if the Local Board determines that the programs meet the quality criteria described in WIOA sec. 123; 5) Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; 6) Leadership development opportunities, including community service and peer- centered activities encouraging responsibility and other positive social and civic behaviors;
7) Supportive services
8) Adult mentoring for at least 12 months that may occur both during and after program participation;
9) Follow-up services for not less than 12 months after the completion of participation; 10)Comprehensive guidance and counseling, including drug and alcohol abuse counseling, as well as referrals to counseling, as appropriate to the needs of the individual youth;
11)Financial literacy education
12)Entrepreneurial skills training;
13)Services that provide labor market and employment information about in-demand industry sectors or occupations available in the Local Area, such as career awareness, career counseling, and career exploration services; 14)Activities that help youth prepare for and transition to post-secondary education and training.
The OCCC shall provide youth participants with a thorough program orientation which shall include information regarding both WIOA and non-WIOA training available within the Anaheim One-Stop System. Evidence of the orientation shall be maintained in the participant files which at a minimum should include the following:
• Program goals and objectives
• Length of the training period
• Civil rights and complaint-handling procedures
• Available supportive services
• Anticipated exit dates
• Participant outcomes and related activities
The OCCC shall provide case management for each youth participant on an ongoing basis. Case managers shall assist youth as needed and appropriate to ensure successful program completion, job placement, and goal attainment. The case manager will oversee the participant's progress in his/her training activities, and provide counseling, guidance, and crisis intervention. Case managers shall maintain a record of counseling services provided in the participant file and document services provided at no less than 30-day intervals.
W1OA participants will be employed as OCCC Corpsmembers and will be concurrently enrolled in the OCDE College and Career Preparatory Academy to earn their high school diploma. All youth will be employed by the OCCC for paid work experience as follows:
• VVIOA participants who have their high school diplomas will be scheduled to work up to 29 paid hours per week and up to 10 unpaid hours per week to attend Corps-2-Career work readiness and life skills workshops.
VVIOA participants who do not have their diplomas will be scheduled to work up to 29 hours paid per week and up to ten unpaid hours per week at the OCDE College and Career Preparatory Academy.
In those instances, when youth participants will engage in paid work experience outside the direct supervision of the OCCC, the OCCC shall develop worksites that will provide youth with meaningful work experiences with capable, trained Supervisors.
Potential worksites shall be required to complete a 'Request for Slot" form to determine the appropriateness of the job duty statement and level of supervision. Each worksite must receive a supervisor orientation, a supervisor handbook, and a copy of a worksite agreement.
The OCCC must develop a worksite agreement, following established City guidelines, for each worksite training site developed and used for the youth work experience or limited internships. Worksite supervisors must receive an orientation regarding their roles and responsibilities and the intent and purpose of the program. A copy of the executed worksite agreement and evidence of the orientation is to be maintained on file and a copy is given to each worksite supervisor.
The OCCC must implement a payroll system that can track and monitor participant time and attendance for those youth participating in work experience or internship activities. Youth enrolled in these activities must be paid at least the minimum wage of $16.00 per hour and be covered under Workers' Compensation.
Employment Rate 4th Quarter
After Exit 68.2% 69.0% 77.0%
The OCCC must provide all youth enrollees with 12 months of follow-up and post- exit services. The level to which follow-up services are administered will depend on the Referrals to community resources.
• Referrals to medical services
• Tracking progress on the job
• Work-related peer support group
• Assistance security a better paying job
• Career pathway development and further education planning or training • Assistance with job/work-related problems
• Adult mentoring
• Tutoring
• Leadership development
• Supportive services
The OCCC shall ensure that the services are provided in a manner that is sensitive to literacy, language, and sociocultural issues, which may impact the participants. They shall have or employ staff who will provide services in the participant's language or obtain interpreters when necessary. OCCC staff shall be trained in cultural differences to ensure their ability to recognize and help participants who demonstrate language or cultural barriers to employment.
The OCCC must certify that they will comply with the California Drug-Free Workplace Act of 1990.
The OCCC's program design will foster coordination and integrate the delivery of services between appropriate partners to avoid duplication and enhance opportunities for youth leading to higher education and/or a successful transition into the workplace.
PERFORMANCE
The OCCC shall meet or exceed the following common performance indicators for youth programs:
PY 24-25 Performance Goals
Dislocated Adults Youth Workers
Employment Rate 2nd Quarter Employment or Placement Rate 74.6% 75.0% 73.0% After Exit 2nd Quarter After Exit Employment or Placement Rate 4th j
Quarter After Exit
Median Earnings 2nd quarter After
Exit $9,200 I $10,500
Credential Attainment within 4
Quarters After Exit 73.5% 75.0%
1 Credential Attainment within 4
Quarters After Exit
i
72.0%
$5,600 Median Earnings
Measurable Skill Gains
66.0% 73.0% 61.0%
These are statewide standards. At such time local performance standards are negotiated and established with the State, and they will be incorporated into the OCCC contract.
Youth Common Measures Defined
Employment Rate 2nd Quarter After Exit: Number of participants employed during the 2nd quarter after exit divided by the total number of participants who exited during the reporting period.
Employment Rate 4th Quarter After Exit: Number of participants employed during the 4th quarter after exit divided by the total number of participants who exited during the reporting period.
The median earnings of participants who are in unsubsidized employment during the 2 nd quarter after exit from the program should increase above the baseline.
Attainment of a Degree or Certificate: Percentage of participants enrolled in education or training program who attain a recognized postsecondary credential or secondary school diploma within 1 year after program exit.
City of Anaheim/Anaheim Workforce Development Board
Workforce Innovation & Opportunity Act - Youth Program Activities and Services - Budget Program Year 2024/25
Agency: Orange County Conservation Corps
You must complete The budget form below and attach a line item budget based on your best estimate of the total number of participants you can serve with the funds available. The W1I3 encourages use of other resources to offset costs that might otherwise accrue to WIOA. Describe these resources as applicabfe.
(a) Total proposed budget $ 283,290
(line A + B)
A. Out-of-School funds (min of 75%)
B. In-School Funds
• Work Experience funds (min of 20%) 2
283,290
(b) Total proposed participants: 28
• # of out-of-school youth 28
• # of in-school youth
LINE ITEM BUDGET FORM
AGENCY: Orange County Conservation Cams
Cost Categories
Salaries and Benefits 178,518
• Staff Costs for Work Experience'
Operations 27,000
Consultant/Subcontract
Employer Reimbursement (OJT)
Miscellaneous Client Fees
Client Supplies
Participant Wages (Work Experience) 69,057
Supportive Services 18,715
Equipment: $5,000 or Over
Equipment: Computer Related $1,000- $4,999
Equipment: Non-Computer Related $1,000
Indirect
Total 283,290
Cost Per Participant: 10,118
1. Program expenditures on the work experience program element include wages as well as staffing costs for the development and management of work experience
2. The 20% minimum is calculated based an non-administrative local area youth finds and is not applied separately for ISY and OSY City of AnaheitniAnaheim Workforce Development Board
W10A - Youth Program Activities and Services - Budget
Program Year 2024/25
Agency: Orange County Conservation Corps
Salaries & Benefits Program Program Program Total Budget OCCC Total Staff Salaries & Wages FTE Administration Direct Request Matching Chief Executive Officer 0.03 7,176 7,176 4,784 11,960
Chief Financial Officer 0,05 10.816 10,816 - 10,816
IT Manager 0_05 6,864 6.864 - 8,864
Payroll Specialist 0.03 2,309 2,309 1,539 3,848
Accounts Payable 0.03 1,622 1,622 1,082 2,704
Programs Manager 0.20 19,552 19,552 9,776 29,328
Program Specialist 0.90 56,150 56,160 6,240 52,400
Director of Operators 0.06 - 8,352 8,362 2,787 11,149
Project Manager 0.04 5,491 5,491 5,491 10,982
Crew Supervisar 0.35 17,472 17,472 7,488 24,960
Crew Supervisor 0.35 - 17,472 17,472 7,488 24,980
Total Staff Salaries & Wages 2.09 23,787 124,509 153,296 45,875 199,971 Benefits & Taxes
FICA 2,202 9.525 11,727 3,571 15,298
SUI 93 931 1,024 3,267 4,291
Workers Compensation 576 2,490 3,068 934 4,000
Health Benefits (average per term) 855 8 550 9,405 2,790 12,195 Total Benefits & Taxes 3,728 21,498 25,222 10,581 35,783 Total Salaries & Benefits 32,513 148,005 178,518 57,237 235,755 Operations
Vehicle Lease - - - -
Vehicle Insurance 5,400 5,400 1,200 6,600
Vehicle Maintenance - 3,600 3,1300
Gas &O0 3,600 3,600 1,200 4,800
Phone-Communication - 3,600 3,600 1,200 4,800
Repair a Maintenance . - 400 400
Insurance- liability, umbrella, property 3,600 3,800 1,200 4,800 Office Equipment - lease copier, printer, fax - 900 900 Facility Related -lease, alarm, janitorial, building supplies 10,800 10.800 2,400 13,200 Total Operations 27,000 27,000 12,100 39,100
Consultant/Subcontract
Financial Audit 1050 1.050
Total Consultant/Subcontract 1,050 1,050
Employer Reimbursement (OJT)
Miscellaneous Cilent Fees
Client Supplies
Office Supplies
Total Client Supplies
Pardclpant Wages
Wages (average $16.00ihr) 50,807 50,807 10,404 67,211
FICA (7.65%) 3,852 3,852 1,255 5,107
Workers Conexinsation (est. 10%) 4,398 4 398 1,640 6.038 Total Participant Wagea 59,057 59,057 19,299 78,356
SUpportive Services
Corparnember Uniform (Jacket, pants, shirts, boots, hard hat etc...) 6,300 6,300 6,300 Corpsmember Transportation (bus passes) 5.976 5,975 5,975 Stipends, Bonuses. Awards 5,600 5,600 5,600
Education Development & Treining 840 840 840
Education Expense (ADA)
Total Supportive Services 18,715 18,715 18,715
Total Equipment $5,000 or Over
Total Equipment Cornputer Related $1,000 $4,999
Total Equipment Non-Computer Related $1,000
Total Indirect
Total Expenses 32,113 260,777 283,290 89,1386 372 976
Average Cost Per Participant *of OSY Participants 28 23 10,113 EXHIBIT "B"
COVENANTS RE: USE OF FEDERAL FUNDS
Subrecipient acknowledges and agrees that the Subgrant is funded from WIOA Grant funds allocated to the City by the Department of Labor (DOL) of the United States of America.
Accordingly, Subrecipient covenants and agrees as follows:
Section 1. Compliance With Law. Subrecipient hereby covenants and agrees that it has complied and will continue to comply with those provisions of the Workforce Innovation and Opportunity Act of 2014 establishing the WIOA Grant program under Public Law 113-128 (the "Act"), and all applicable Federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this federally-assisted program. This Agreement is subject to all such laws, ordinances, regulations, policies, and guidelines, including, without limitation, the Act; 20 CFR Part 676, 677, and 678; and applicable U.S. Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Section 2. Non-Discrimination and Equal Opportunity. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, age, national origin, or ancestry. Subrecipient shall comply with the following:
A. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as amended, and all regulations applicable thereto, and the provisions of WIOA Section 188 and compliance with Equal Employment Opportunity provisions in Executive Order (E.0.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 C.F.R. Part
60. B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 C.F.R. Part 146.
C. The prohibitions against discrimination against otherwise qualified individuals with disabilities under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 C.F.R. Part 8.
D. The prohibitions against discrimination against disabled persons under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and all applicable implementing regulations (28 C.F.R. Parts 35-36).
Section 3. Office of Management and Budget. Subrecipient shall comply with Uniform Administrative, Cost Principles and Audit Requirements for Federal Awards; Final Rule at 2 Code of Federal Regulations (CFR) Chapter 1 and Chapter 2, Part 200, et al. and DOL's Exceptions at 2 CFR Chapter 11 Part 2900, et al. and all regulations, legislation, directives, policies, procedures, and amendments issued pursuant thereto.
Section 4. Government-wide Debarment and Suspension, and Government-wide Drug- free Workplace Requirements. Subrecipient shall comply with regulations implementing Executive Order 12549, Debarment and Suspension and comply with the requirements of the Drug Free Workplace Act of 1990.
Exhibit B — Page 1
Section 5. Restrictions on Lobbying. Subrecipient shall comply with the restrictions on lobbying which are codified in the DOL regulations at Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR 2900.
Section 6. Standards of Conduct. Every reasonable course of action will be taken by Subrecipient in order to maintain the integrity of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from efforts to gain personal, financial, or political gain. No relative by blood, adoption, or marriage of any executive or employee of Subrecipient will receive favorable treatment when considered for enrollment in programs provided by, or employment with, Subrecipient.
Section 7. Religious and Political Activities. Subrecipient agrees that Subgrant Proceeds shall be used exclusively for the Services required under this Agreement, and that no funds made available under this Agreement shall be used to promote religious or political activities. Further, Subrecipient agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Agreement.
Section 8. No Disability. Subrecipient certifies and agrees that it is under no contractual or other disability which would prevent it from complying with all pertinent laws and regulations.
Section 9. Privacy. Subrecipient agrees and shall ensure that no information about or obtained from any person receiving services hereunder shall be voluntarily disclosed in any form identifiable with such person without first obtaining the written consent of such person as set forth at Uniform Guidance 2 CFR Part 200.303.
Section 10. Patent Rights. Subrecipient shall comply with the notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under this Agreement as set forth at Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900.
Section 11. Clean Air Act; EPA Regulations. Subrecipient shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act set forth at 42 U.S.C. 1857 (h), Section 508 of the Clean Air Act set forth at 33 U.S.C. 1968, Executive Order 11738 and the Environmental Protection Agency regulations set forth at 40 CFR Part 15.
Section 12. Energy Efficiency. Subrecipient shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act set forth at Public Law 94-163, 89 Statutes 871.
Section 13. Intellectual Property. Subrecipient acknowledges and agrees that pursuant to Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFR Part 2900., the Federal Government reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
(A) the copyright in any work developed under the Subgrant or this Agreement; (B) any rights of copyright to which Subrecipient purchases ownership with Subgrant Proceeds;
Exhibit B — Page 2
(C) the patent for any invention developed under the Subgrant or this Agreement; and (D) any rights in any patent to which Subrecipient purchases ownership with Subgrant Proceeds.
Exhibit B — Page 3