HomeMy WebLinkAbout55E - RESO WORKFORCE INNOVATION GRANTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 17, 2018
TITLE:
ADOPT A RESOLUTION AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO EXECUTE A
SUB -GRANT AGREEMENT AND RECEIVE
FUNDS FROM THE CALIFORNIA EMPLOYMENT
DEVELOPMENT DEPARTMENT FOR THE
FEDERAL WORKFORCE INNOVATION &
OPPORTUNITY ACT
(STRATEGIC PLAN NO 2,4)
r
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s1 Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the City Manager or designee to execute a sub -grant
agreement and all necessary documents to receive Federal Workforce Innovation and
Opportunity Act funds from the State of California Employment Development Department, for
a period from July 1, 2018 to June 30, 2021, subject to non -substantive changes approved by
the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the sub -grant agreement and
all necessary documents with the State of California Employment Development Department,
for a period from April 1, 2018 to June 30, 2020, for an amount of $862,145, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The federal Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22,
2014. WIOA is designed to help job seekers 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. WIOA supersedes the Workforce Investment Act
of 1998 and is the first legislative reform of the public workforce system in 15 years.
California is a direct recipient of WIOA funding and contracts with the City of Santa Ana as a
designated Local Workforce Development Areas (LWDA) to address workforce needs of
employers and the community.
55E-1
Adopt A Resolution Authorizing the City Manager or Designee to Execute a Sub -Grant
Agreement to Receive Federal Workforce Innovation and Opportunity Act Title I Funds for
Program Year 2018-2020
Page 2
A new sub -grant agreement is required at the beginning of each program year in order to receive
WIOA funds as allocated by the State of California, Employment Development Department
(EDD). Upon approval of the resolution and execution of the sub -grant agreement the City's
WIOA allocation for youth funds will be $862,145. WIOA allocation for Program Year 2018-2020
will be as follows:
While the initial award is for youth funding, no further action will be required by the City to receive
the Adult, Dislocated Worker, and Rapid Response funds as EDD will disburse through unilateral
sub -grant modifications later in the program year. This year, the final WIOA formula allocations
were announced by EDD late in the City's budget preparation process. Staff will review the
recently approved City Budget and adjust various line items to reflect the final allocations.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #2 - Youth Education, Recreation,
Objective #4 (Partner with groups and organizations to promote education, senior services, job
training and development for all Santa Ana residents).
FISCAL IMPACT
The adopted FY 2018-19 budget included the estimated $934,605 in WIOA Youth grant funding.
The budget will be reduced to reflect the actual allocation.
Steven A Mendoza
Executive Director
Community Development Agency
DS/bz
Exhibits: 1. Resolution
2. WIOA Sub Grant Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
3m. 3iCs 1
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
55E-2
Adult
Dislocated
Youth
Rapid
Totals
Worker
Response
Final 2018-19 Allocation
$849,233
$497,136
$862,145
$462,553
$2,671,067
Amounts
Budgeted Amounts
$909,650
$523,545
$934,605
$342,000
$2,709,800
Difference
($60,417)
($26,409)
($72,460)
$120,000
($38,733)
While the initial award is for youth funding, no further action will be required by the City to receive
the Adult, Dislocated Worker, and Rapid Response funds as EDD will disburse through unilateral
sub -grant modifications later in the program year. This year, the final WIOA formula allocations
were announced by EDD late in the City's budget preparation process. Staff will review the
recently approved City Budget and adjust various line items to reflect the final allocations.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #2 - Youth Education, Recreation,
Objective #4 (Partner with groups and organizations to promote education, senior services, job
training and development for all Santa Ana residents).
FISCAL IMPACT
The adopted FY 2018-19 budget included the estimated $934,605 in WIOA Youth grant funding.
The budget will be reduced to reflect the actual allocation.
Steven A Mendoza
Executive Director
Community Development Agency
DS/bz
Exhibits: 1. Resolution
2. WIOA Sub Grant Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
3m. 3iCs 1
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
55E-2
EXHIBIT 1
ROH — 07/17/18
RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT
AND ALL NECESSARY DOCUMENTS TO RECEIVE FUNDS
FOR THE WORKFORCE INNOVATION AND
OPPORTUNITY ACT WITH THE STATE OF CALIFORNIA,
WORKFORCE SERVICES DIVISION, THROUGH
PROGRAM YEAR 2021
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Workforce Innovation and Opportunity Act (WIOA) of 2014 provides funds
to Local Workforce Development Areas (LWDA) to operate job -training
programs permissible under the Act for adults, dislocated workers and youth
meeting specific criteria set forth in the Act.
B. The California Workforce Investment Board recommended approval that Santa
Ana be designated as a local workforce development area under WIOA. The
Governor and Secretary of the Labor and Workforce Development Agency
concurred with the recommendation.
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 WIOA
funds as they are allocated by the State of California at the beginning of each
new fiscal year.
D. Submittal of the sub -grant agreement will enable the City to receive WIOA
Youth Formula Funds. The City will also receive Adult and Dislocated Worker
Formula Funds through 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, Workforce Services Division, for the next three (3) years of
55E-3 Resolution No. 2018-XXX
01 1 0 2
EXHIBIT 1
the W IOA program, until June 30, 2021, so long as the City remains designated as a local
workforce development area under WIOA.
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 day of 2018.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
By:
Ryan O.kAodo
Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2018- to be the original resolution adopted by the City Council of
the City of Santa Ana on 2018.
Date:
Clerk of Council
City of Santa Ana
Resolution No. 2018 -XXX
55E-4 Page 2 of 2
WIOA SUBGRANT AGREEMENT
SANTA ANA WORKFORCE INV BOARD
(PASS-THROUGH ENTITY:
State of California
Employment Development Dept.
Central Office Workforce
Services Division
P.O.Box 826880, MIC 69
Sacramento, CA 94280-0001
SUBGRANT NO: K9110047
MODIFICATION NO: New
SUBRECIPIENT CODE: SAN
UNIQUE ENTITY NO: 083153247
INDIRECT COST RATE:
SUBRECIPIENT: SANTA ANA WORKFORCE INV
BOARD
1000 EAST SANTA ANA BLVD.
SANTA ANA, CA 92701
GOVERNMENTAL
ENTITY:
Yes
This Subgrant Agreement is entered into by and between the State of California, Employment Development
Department, hereinafter the Pass-through Entity, and the SANTA ANA WORKFORCE INV BOARD, hereinafter the
Subrecipient. The Subrecipient agrees to operate a program in accordance with the provisions of this Subgrant and to
have an approved Workforce Innovation and Opportunity Act (WIOA) Local Pian for the above named Pass-through
Entity filed with the Pass-through Entity pursuant to the WIOA. This modification consists of this sheet and those of the
following exhibits, which are attached hereto and by this reference made a part hereof:
Funding Detail Chart
General Provisions
Youth Formula Rd 1
JALLOCATION(s) PRIORAMOUNTi $0.00'
The Pass-through Entity agrees to reimburse the INCREASE/DECREASE: $862,145.001
Subrecipient not to exceed the amount listed TOTAL: $862,145.001
hereinafter TOTAL'
TERM OF AGREEMENT Terms of Exhibits are as
From:4/1/2018 To: 6/30/2020 designated on each exhibit)
PURPOSE: The purpose of this action is to initiate the Local Area's new Program Year (PY) 2018-19 Workforce
Innovation and Opportunity Act (WIOA) Title I subgrant agreement and to Incorporate WIOA Youth formula funding
into Grant Code (GC) 301. The amount in GC 301 represents this Local Area's entire youth formula allocation for PY
12018-19. The term date for these funds Is April 1, 2018 to June 30, 2020. The Local Area will operate the WIOA
program in accordance with the approved Workforce Innovation and Opportunity Plan on file In the Central Office
Workforce Services Division of the Employment Development Department, P.O. Box 826882, MIC 50, Sacramento,
;CA 92480-0001.
)ROVED FOR PASS-THROUGH ENTITY(EDD)
Signature)
and Title
GUTIERREZ
OFFICE WORKFORCE SERVICES
FOR SUBRECIPIENT (By Signature)
Name and Title
hereby certify that to my knowledge, the budgeted This agreement does not fall within the meaning of Section
rods are available for the period and purpose of 10295 of Chapter 2 of Part 2 of Division 2 of the Public
xpenditures as stated herein 'Contract Code of the State of California and pursuant to 58
+OPS Cal. Atty. Gen 586, is exempt from review or approval of
the Dept. of General Services and the Dept. of Finance
,
Signature of EDD Accounting Officer
AS TO FORM
Y O. HODGE
a CltyAttumey
55E-5
Page 1 of 17
Budget Item: 7100 Fund:0669 Budgetary Attachment; No
Chapter:014 Statute: 2017 FY: 17116
55E-6
I: *./.1.
Page 2 of 17
SANTA ANA WORKFORCE INV BOARD
14/01/2016 to 06/30/2020 Prog/Element
6_1/90 R_ of 101 Fed Catig_17.259
._� Total WLAM16A Formut:
SUBGRANT AGREEMENT
FUNDING DETAIL SHEET
I. Allocation
SUBGRANB&AKT42
MODIFICATION NO:New
All references are to the Workforce Innovation and Opportunity Act of 2014, Title I, Unless
otherwise noted. For modifications purposes only. All other terms and conditions of this exhibit
55E-7
Page 3 of 17
EXHIBIT 2
NARRATIVE
SUBGRANT NO:K9110047
MODIFICATION NO: 0
SUBRECIPIENT:SANTA ANA WORKFORCE INV BOARD
FAIN NO: AA -32213-18-55-A-6
FEDERAL AWARD DATE: 6/27/2018
FUNDING SOURCE: Youth Formula Rd 1 - 301
TERM OF THESE FUNDS: 04/01/2018 - 06/30/2020
.............................................................
,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 the Local Area's new
Program Year (PY) 2018-19 Workforce Innovation and
Opportunity Act (WIOA) Title I subgrant agreement and to
Incorporate WIOA Youth formula funding into Grant Code (GC)
301. The amount in GC 301 represents this Local Area's entire
youth formula allocation for PY 2018-19. The term date for these
funds is April 1, 2018 to June 30, 2020. The Local Area will
operate the WIOA program In accordance with the approved
Workforce Innovation and Opportunity Plan on file in the Central
Office Workforce Services Division of the Employment
Development Department, P.O. Box 826882, MIC 50,
Sacramento, CA 92480-0001.
.......................... .------------------------------------- ..........---------- I ----------
;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.
....••-•-•••••••••••••••--•-•--•-----••........................................................:
vaon (2015)
Page 4 of 17
55E-8
Subrecipient:SANTAANA WORKFORCE INV BOARD Subgrant No:K91T0047 IBIT 2
Modification No: New
WIOA SUBGRANT AGREEMENT
1. Compliance
In performance of this subgrant agreement, Subrecipient will fully comply with:
a. The provisions of the Workforce Innovation and Opportunity Act (WIOA),
(29 U.S.C. §§ 3101- 3361 (2014), WIOA Final Regulations, and all legislation,
regulations, directives, policies, procedures and amendments Issued pursuant thereto.
b. All State legislation and regulations to the extent permitted by federal law and all
policies, directives and/or procedures, which implement WIOA.
c. Title 2, Code of Federal Regulations (C.F.R.) part 200 (Office of Management and
Budget Guidance) [OMB Guidance].
d. Title 2, C.F.R. Part 2900 (Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards) [Uniform Requirements].
e. The provisions of the Jobs for Veterans Act (Pub. L. No. 107-288) as the law applies
to Department of Labor (DOL) job training programs.
f. Subrecipient will ensure diligence in managing programs under this subgrant
agreement, including performing appropriate monitoring activities and taking prompt
corrective action against known violations of WIOA.
2. Certifications, Assurances, Standards
Except as otherwise indicated, the Subrecipient agrees to comply with the
certifications, assurances and standards set out in Exhibit A: Certifications and
Assurances, Exhibit B: Intellectual Property Provisions and Exhibit C: Confidentiality
Requirements. Failure to comply with all requirements of the certifications, assurances
and standards may result in suspension of payment under this subgrant agreement or
termination of this subgrant agreement or both, and the Subrecipient may be ineligible
for award of future state subgrant agreements/contracts if the Pass-through Entity
determines that any of the following has occurred:
a. false information on the certifications, assurances and standards, or
b. violation of the terms of the certifications, assurances and standards by failing to
comply with the requirements noted in Exhibits A, B and C.
3. Funding
It is mutually understood between the parties that this subgrant agreement may have
been written before ascertaining the availability of congressional and legislative
appropriation of funds, for the mutual benefit of both parties, in order to avoid
program and fiscal delays which would occur if the subgrant agreement was executed after
that determination was made.
a. This subgrant agreement is valid and enforceable only if
1. sufficient funds are made available by the State Budget Act of the appropriate
state fiscal years covered by this subgrant agreement for the purposes of this
program, and
H. sufficient funds are made available to the state by the United States
Government for the fiscal years covered by this subgrant agreement for the
purposes of this program. In addition, this subgrant agreement is subject to any
additional restrictions, limitations, or conditions enacted by the Congress and
Legislature or any statute enacted by the Congress and Legislature which may
affect the provisions, terms, or funding of this subgrant agreement in any
manner.
b. At the expiration of the terms of this subgrant agreement or upon termination prior
to the expiration of this subgrant agreement, funds not obligated for the purpose of
Page 5 of 17
55E-9
this subgrant agreement will be immediately remitted to the Pass-through Entity, and EXHIBIT 2
no longer available to the Subrecipient.
c. The Pass-through Entity retains the right to suspend financial assistance, In whole
or in part, to protect the integrity of the funds or to ensure proper operation of
the program, providing the Subrecipient is given prompt notice and the opportunity
for an informal review of the Pass-through Entity's decision. The EDD Chief Deputy
Director or his/her designee will perform this Informal review and will Issue the
final administrative decision within 60 days of receiving the written request for
review. Failure on the part of the Subrecipient or a Subcontractor of the
Subrecipient to comply with the provisions of this subgrant agreement, or with WIOA
or other applicable regulations, when such failure involves fraud or misappropriation
of funds, may result In Immediate withholding of funds.
d. If applicable, the chief elected official (CEO) of a unit of general local government
designated as a Local Workforce Development Area shall be liable to the Pass-through
Entity for all funds not expended in accordance with WIOA, and shall return to the
Pass-through Entity all of those funds. If there is more than one unit of general
local government in a local area, the CEO(s) will be the Individual(s) designated
under an agreement executed by the CEO(s) of the local units of government. The
CEO(s) designated under the agreement shall be liable to the Pass-through Entity for
all funds not expended in accordance with WIOA, and shall return to the Pass-through
Entity all of those funds.
4. Insurance
a. Except for city and county governmental entitles, Subrecipients must provide the
Pass-through Entity evidence of the coverage specified in paragraphs (1), (ii), (iii)
and (iv) below. The evidence of coverage shall include the registration number of
the subgrant agreement for identification purposes.
1. Subrecipient will obtain a fidelity bond in an amount of not less than
prior to the receipt of funds under this subgrant agreement. If
the bond is canceled or reduced, Subrecipient will immediately notify the Pass-
through Entity. In the event the bond is canceled or revised, the Pass-through
Entity will make no further disbursements until it is assured that adequate
coverage has been obtained.
ii. Subrecipient will provide general liability insurance with a combined limit of
$1,000,000, or public liability and property damage coverage with a combined
limit of not less than $1,000,000.
iii. Subrecipient will provide broad form automobile liability coverage with limits
as set forth in (ii) above, which applies to both owned/leased and non -owned
automobiles used by the Subrecipient or its agents in performance of this
subgrant agreement. Or, in the event that the Subrecipient will not utilize
owned/leased automobiles but intends to require employees, trainees or other
agents to utilize their own automobiles in performance of this subgrant
agreement, Subrecipient will secure and maintain on file from all such
employees, trainees or agents a self -certification of automobile Insurance
coverage,
iv. Subrecipient will provide workers' compensation insurance, which complies with
provisions of the California Labor Code, covering all employees of the
Subrecipient and all participants enrolled in work experience programs. Medical
and Accident Insurance will be carried for those participants not qualifying as
"employee" (§ 3350, at seq. of the California Labor Code) for workers'
compensation.
v. The Pass-through Entity will be named as "Certificate Holder" of policies
secured in compliance with paragraphs (1), (11), (Iii) and (iv) above and will
be provided certificates of insurance or insurance company "binders" prior to
any disbursement of funds under this subgrant agreement, verifying the insurance
requirements have been complied with. The coverage noted in paragraphs (iii)
and (iv) above must contain the following clauses:
1. Insurance coverage will not be canceled or changed unless 30 days prior to
the effective date of cancellation or change written notice is sent by the
Subrecipient to: Employment Development Department, Central Office Workforce
Page 6 of 17
55E-10
Services Division Financial Management Unit, P.O. Box 826880, MIC 69, EXHIBIT 2
Sacramento, CA 94280-0001.
2. State of California, its officers, agents, employees, and servants are
included as additional
insured, but only Insofar as the operations under this subgrant agreement are
concerned.
3. State of California Is not responsible for payment of premiums or assessments
on this policy.
vi. Subrecipient agrees that the liability insurance herein provided for shall be in
effect at all times during the term of this subgrant agreement. In the event
said Insurance coverage expires at any time or times during the time of this
contract, the Subrecipient agrees to provide, at least 30 days before said
expiration date, a new certificate of Insurance evidencing insurance coverage as
provided for herein for not less than the remainder of the term of the subgrant
agreement or for a period of not less than one year. New certificates of
insurance are subject to the approval of the Pass-through Entity, and the
Subrecipient agrees that no work or services shall be performed prior to such
approval. The Pass-through Entity may, in addition to any other remedies it may
have, terminate this subgrant agreement should Subrecipient fail to comply with
these provisions.
5. Resolution
A county, city, district or other local public body must provide the state with a copy
of a resolution, order, motion, or ordinance of the local governing body which by law
has authority to enter into an agreement, authorizing execution of this subgrant
agreement. Preferably resolutions should authorize a designated position rather than a
named individual.
6. Procurement Standards
The Subrecipient must use the methods of procurement in accordance with 2 C.F.R.
§ 200.320.
7. Grievances and Complaint System
Subrecipient will establish and maintain a grievance and complaint procedure in
compliance with the WIOA section 181, OMB Guidance, Uniform Requirements, federal
regulations and state statutes, regulations and policy.
8. Remedies for Non -Compliance
If the Subrecipient fails to comply with Federal statutes, regulations or the terms and
conditions of a Federal award, the Pass-through Entity may impose additional conditions,
as described in 2 C.F.R. § 200.207, Specific conditions. If the Pass-through Entity
determines that noncompliance cannot be remedied by imposing additional conditions, the
Pass-through Entity may take one or more of the following actions listed in 2 C.F.R.
§ 200.338.
9. Disallowed Costs
Except to the extent that the state determines it will assume liability, the
Subrecipient will be liable for and will repay to the Pass-through Entity, any amounts
expended under this subgrant agreement found not to be in accordance with WIOA
including, but not limited to, disallowed costs. Such repayment will be from funds (Non -
Federal), other than those received under the WIOA.
10. Termination
This subgrant agreement may be terminated in whole or in part for either of the two
following circumstances: .
Page 7 of 17
55E-11
a. Termination for Convenience - Either the Pass-through Entity or the Subrecipient may EXHIBIT 2
request a termination, In whole or in part, for convenience. The Subrecipient will
give a ninety (90) calendar -day advance notice in writing -to the Pass-through
Entity. The Pass-through Entity will give a ninety (90) calendar -day advance notice
in writing to the Subrecipient.
b. Termination for Cause - The Pass-through Entity may terminate this subgrant agreement
in whole or in part when it has determined that the Subrecipient has substantially
violated a specific provision of the WIOA, regulations, the Uniform Guidance or
implementing state legislation and corrective action has not been taken.
All notices of termination must be In writing and be delivered personally or by deposit
in the U. S. Mail, postage prepaid, "Certified Mail -Return Receipt Requested", and will
be deemed to have been given at the time of personal delivery or of the date of postmark
by the U. S. Postal Service.
Notices to the Subrecipient will be addressed to:
Deborah, Sanchez
Director / Administrator
SANTA ANA WORKFORCE INV BOARD
1000 EAST SANTA ANA BLVD.
SANTA ANA, CA 92701
Notices to the Pass-through Entity will be addressed to:
Employment Development Department
Central Office Workforce Services Division
Financial Management Unit
P.O. Box 826880, MIC 69
Sacramento, CA 94280-0001
11. Audit Requirements
a. The Subrecipient will maintain and make available to auditors, at all levels,
accounting and program records including supporting source documentation and
cooperate with all auditors. All governmental and non-profit organizations must
follow the audit requirements (single audit or program -specific audit requirement) of
OMB Guidance, and Uniform Requirements.
b. The Subrecipient and/or auditors performing monitoring or audits of the Subrecipient
or Its sub -contracting service providers will immediately report to the Pass-through
Entity any Incidents of fraud, abuse or other criminal activity in relation to this
subgrant agreement, the WIOA, or its regulations.
12. Entire Agreement
This subgrant agreement contains the entire agreement of the parties and supersedes all
negotiations, verbal or otherwise 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 Pass-through Entity and the Subrecipient. Subrecipient represents and
warrants it is free to enter into and fully perform this subgrant agreement.
13. Unenforceable Position
In the event that any provision of this subgrant agreement is unenforceable or held to
be unenforceable, then the parties agree that all other provisions of this subgrant
agreement have force and effect and shall not be affected hereby.
14. Accounting and Cash Management
a. Subrecipient will comply with controls, record keeping and fund accounting procedure
requirements of WIOA, federal and state regulations, and directives to ensure the
proper disbursal of, and accounting for, program funds paid to the Subrecipient and
disbursed by the Subrecipient, under this subqrant agreement.
Page 8 of 17
55E-12
b. Subrecipient will submit requests for cash to coincide with immediate cash needs and EXHIBIT 2
assure that no excess cash is on deposit in their accounts or the accounts of any
sub -contracting service provider in accordance with procedures established by the
Pass-through Entity. Failure to adhere to these provisions may result in suspending
cash draw down privileges and providing funds through a reimbursement process.
c. The Pass-through Entity retalns the authority to adjust specific amounts of cash
requested if the Pass-through Entity's records and subsequent verification with the
Subrecipient indicate that the Subrecipient has an excessive amount of cash in its
account.
d. Income (including interest income) generated as a result of the receipt of WIOA
activities, will be utilized in accordance with policy and procedures established by
the Pass-through Entity. Subrecipient will account for any such generated Income
separately.
e. Subrecipient shall not be required to maintain a separate bank account but shall
separately account for WIOA funds on deposit. All funding under this subgrant
agreement, will be made by check or wire transfer payable to the Subrecipient for
deposit In Subrecipient'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 Subreciplent. The Pass-
through Entity will have a lien upon any balance of WIOA funds in these accounts,
which will take priority over all other liens or claims.
15. Amendments
This subgrant agreement may be unilaterally modified by the Pass-through Entity under
the following circumstances:
a. There is an increase or decrease in federal or state funding levels.
b. A modification to the Subgrant Is required in order to implement an adjustment to a
Subrecipient's plan.
c. Funds awarded to the Subrecipient have not been expended in accordance with the
schedule included in the approved Subrecipient's plan. After consultation with the
Subrecipient, the Pass-through Entity has determined that funds will not be spent In
a timely manner, and such funds are for that reason to the extent permitted by and in
a manner consistent with state and federal law, regulations and policies, reverting
to the Pass-through Entity.
d. There is a change in state and federal law or regulation requiring a change in the
provisions of this subgrant agreement.
e. An amendment is required to change the Subrecipient's 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.
16. Reporting
Subrecipient will compile and submit reports of activities, expenditures, status of
cash, and closeout information by the specified dates as prescribed by the Pass-through
Entity. All expenditure reports must be submitted upon the accrual basis of accounting.
Failure to adhere to the reporting requirements of this agreement will result In funds
not being released.
17. Records
a. If participants are served under this subgrant agreement, the Subrecipient will
establish a participant data system as prescribed by the Pass-through Entity.
b. Subrecipient will retain all records pertinent to this subgrant agreement for a
period of three years from the date of final payment of this subgrant agreement. If,
at the end of three years, there is litigation or an audit involving those records,
the Subrecipient will retain the records until the resolution of such litigation or
Page 9 of 17
55E-13
audit. Refer to OMB Guidance, Subpart D, Part 200.333-200.337. EXHIBIT 2
c. The Pass-through Entity and/or the DOL, or their designee (refer to OMB Guidance,
section 200.336) will have access to and right to examine, monitor and audit all
records, documents, conditions and activities related to programs funded by this
subgrant agreement. For purposes of this section, "access to" means that the
Subrecipient shall at all times maintain within the State of California a complete
set of records and documents related to programs funded by this agreement. The
Subrecipient shall comply with this requirement regardless of whether it ceases to
operate or maintain a presence within the State of California before the expiration
of the subgrant. Subreciplent's performance under the terms and conditions herein
specified will be subject to an evaluation by the Pass-through Entity of the adequacy
of the services performed, timeliness of response and a general impression of the
competency of the firm and its staff.
18. Subcontracting
a. Any of the work or services specified In this subgrant agreement which will be
performed by other than by the Subrecipient will be evidenced by a written agreement
specifying the terms and conditions of such performance.
b. The Subreciplent will maintain and adhere to an appropriate system, consistent with
federal, state and local law, for the award and monitoring of contracts which contain
acceptable standards for ensuring accountability.
c. The system for awarding contracts will contain safeguards to ensure that the
Subreciplent does not contract with any entity whose officers have been convicted of
fraud or misappropriation of funds within the last two years.
19. Conflicts
a. Subrecipient will cooperate in the resolution of any conflict with the DOL that may
occur from the activities funded under this agreement.
b. In the event of a dispute between the Pass-through Entity and the Subrecipient over
any part of this subgrant agreement, the dispute may be submitted to non-binding
arbitration upon the consent of both the Pass-through Entity and the Subreciplent. An
election for arbitration pursuant to this provision will not preclude either party
from pursuing any remedy for relief otherwise available.
20. Indemnification
a. The following provision applies only if the Subrecipient is a governmental entity:
Pursuant to California Government Code § 895.4, 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.
b. The following provision applies only If the Subrecipient is a non-governmental
entity:
The Subrecipient agrees to the extent permitted by law, to indemnify, defend and hold
harmless the Pass-through Entity, its officers, agents and employees from any and all
claims and losses accruing or resulting to any and all contractors, subcontractors,
materials persons, laborers and any other persons, firms or corporations, furnishing
or 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 damaged by
the Subrecipient In the performance of this subgrent agreement.
21. Signatures
This subgrant agreement is of no force and effect until signed by both of the parties
hereto. Subrecipient will not commence performance prior to the beginning of this
subgrant agreement.
Contact Information for the awarding official of the Pass-through Entity:
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Name: Jaime Gutierrez
Title: Division Chief
Address: P.O. Box 826880, MIC 60
Sacramento, CA 94280-0001
Exhibit A
EXHIBIT 2
Certifications and Assurances
a. Corporate Registration: The Subrecipient, if it is a corporation, certifies it Is
registered with the Secretary of the State of California.
b. Americans with Disabilities Act (ADA): Subreciplent assures that it complies with the
ADA of 1990, which prohibits discrimination on the basis of disability, as well as
all applicable regulatlons and guidelines Issued pursuant to the ADA. (42 U.S.C.
§ 12101 et seq.)
c. Sectarian Activities: The Subreciplent 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 certification Subreciplent certifies that no more than
one (1) final unappealable finding of contempt of court by a Federal court has been
Issued against Subreciplent within the immediately preceding two-year period because
of Subrecipienfs failure to comply with an order of a Federal court, which orders
Subreciplent to comply with an order of the National Labor Relations Board. (Pub.
Contract Code § 10296) (Not applicable to public entities.)
e. Federal Funding Accountability and Transparency Act (FFATA): By signing this
subgrant agreement, Subreciplent hereby assures and certifies to comply with the
provisions of FFATA, which includes requirements on executive compensation, and
requirements Implementing FFATA at 2 C.F.R. part 25 and 2. C.F.R. part 170.
f. Prior Findings: Subreciplent, by signing this subgrant agreement, certifies that it
has not failed to satisfy any major condition in a current or previous subgrant
agreement with the DOL or 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.
g. Drug Free Workplace requirement: Subreciplent will comply with the requirements of
the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking
the following actions:
1. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
2. Establish a Drug -Free Awareness Program to inform employees about:
1. the dangers of drug abuse in the workplace;
H. the person's or organization's policy of maintaining a drug-free
workplace;
Ill. any available counseling, rehabilitation and employee assistance programs;
and,
Iv. penalties that may be imposed upon employees for drug abuse violations.
3. Every employee who works on the proposed subgrant agreement will:
1. receive a copy of the company's drug-free workplace policy statement; and,
I. agree to abide by the terms of the company's statement as a condition of
employment on the subgrant agreement.
4. Failure to comply with these requirements may result in suspension of payments
under this subgrant agreement or termination of the subgrant agreement or bath
and Subrecipient may be ineligible for award of any future subgrant agreements
If the Pass-through Entity determines that any of the following has occurred: the
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Subrecipient has made false certification; or violated the certification by EXHIBIT 2
failing to cant' out the requirements as noted above. (Gov. Code § 8350 et seq.)
h. Expatriate Corporations: Subrecipient hereby declares that It Is not an expatriate
corporation or subsidiary of an expatriate corporation within the meaning of Public
Contract Code §§ 10286 and 10286.1, and Is eligible to contract with the State of
California.
1. Priority Hiring considerations: If this subgrant agreement includes services in
excess of $200,000, the Subreciplent shall give priority consideration in filling
vacancies in positions funded by the subgrant agreement to qualified recipients of
aid under Welfare and Institutions Code § 11200 In accordance with Pub. Contract Code
§ 10353.
J. Sweatfree Code of Conduct:
1. All Subreciplents contracting for the procurement or laundering of apparel,
garments or corresponding accessories, or the procurement of equipment,
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, materials, or supplies furnished to the
state pursuant to this subgrant agreement have been laundered or produced in
whole or in part by sweatshop labor, forced labor, convict labor, indentured
labor under penal sanction, abusive forms of child labor or exploitation of
children in sweatshop labor, or with the benefit of sweatshop labor, forced
labor, convict labor, indentured labor under penal sanction, abusive forms of
child labor or exploitation of children in sweatshop labor. The Subrecipient
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 § 6108.
2. The Subrecipient agrees to cooperate fully in providing reasonable access to the
Subrecipienfs records, documents, agents or employees, or premises if
reasonably required by authorized officials of the contracting agency, the
Department of Industrial Relations, or the Department of Justice to determine the
contractor's compliance with the requirements under paragraph (1).
k. Child Support Compliance: For any Agreement in excess of $100,000, the Subrecipient
acknowledges in accordance with Public Contract Code § 7110, that:
1. The Subrecipient recognizes the Importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited to,
disclosure of information and compliance with earnings assignment orders, as
provided in Chapter 8 (commencing with § 5200) of Part 5 of Division 9 of the
Family Code; and
2. The Subrecipient, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the Pass-through Entity.
1. Air/Water Pollution violation certification: Under the State laws, the Subrecipient
shall not be:
1. In violation of any order or resolution not subject to review promulgated by the
State Air Resources Board or an air pollution control district;
2. subject to cease and desist order not subject to review issued pursuant to
§ 13301 of the Water Code for violation of waste discharge requirements or
discharge prohibitions; or
3. finally determined to be in violation of provisions of federal law relating to
air or water pollution.
m. Clean Air Act: Subrecipient agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the
Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
n. Domestic Partners: For contracts over $100,000 executed or amended after January 1,
2007, the Subrecipient certifies that it is in compliance with Public Contract Code
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§ 10295.3. EXHIBIT 2
o. Debarment and Suspension Certification: By signing this subgrant agreement, the
Subreciplent hereby certifies under penalty of perjury under the laws of the State of
California that the Subreciplent will comply with regulations Implementing Executive
Orders 12549 and 12689, Debarment and Suspension and OMB Guidance 2 CFR Part 180,
that the prospective participant (i.e., Subreciplent), to the best of Its knowledge
and belief, that it and Its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency.
2. Have not within a three-year period preceding this subgrant agreement been
convicted of or had a civil judgment rendered against them for commission 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.
3. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state or local) with commission of any of the
offenses enumerated in Section 2 of this 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 Subreciplent is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this
agreement.
p. Lobbying Restrictions: By signing this subgrant agreement, the Subreciplent hereby
assures and certifies to the lobbying restrictions in 2 C.F.R. §200.450, 29 CFR Part
93 and in the Byrd Antl-Lobbying Amendment (31 U.S.C. §1352).
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, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each failure.
q. Nondiscrimination Clause:
1. As a condition to the award of financial assistance from the Department of Labor
under Title I of WIOA, the Subrecipient assures that it has the ability to comply
with the nondiscrimination and equal opportunity provisions of the following laws
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and will remain in compliance for the duration of the award of federal financial EXHIBIT 2
assistance:
I. Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which
prohibits discrimination against all individuals in the United States on the
basis of race, color, religion, sex (including pregnancy, childbirth, and
related medical conditions, transgender status and gender identity),
national origin (limited English proflclency), age, disability, political
affiliation or belief, and against beneficiaries on the basis of either
citizenship status or participation in any WIOA Title ]-financially assisted
program or activity;
ii. Title VI of the Civil Rights Act of 1964, as amended, which prohibits
discrimination on the bases of race, color and national origin;
Ill. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against qualified Individuals with disabilities;
iv. The Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; and
v. Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex In educational programs.
The Subrecipient also assures that, as a recipient of WIOA Title I financial
assistance, it will comply with 29 CFR part 38 and all other regulations implementing
the laws listed above. This assurance applies to the Subreciplent's operation of the
WIOA Title I -financially assisted program or activity, and to all agreements the
Subrecipient makes to carry out the WIOA Title kfinanclally assisted program or
activity. The Subrecipient understands that the United States has the right to seek
judicial enforcement of this assurance.
Avoidance of Conflict of Economic Interest: An executive or employee of the
Subreclpient, an elected official in the area or a member of the Local Board, will
not solicit or accept money or any other consideration from a third person, for the
performance of an act reimbursed in whole or part by the Subrecipient or Pass-
through Entity. Supplies, materials, equipment or services purchased with subgrant
agreement funds will be used solely for purposes allowed under this subgrant
agreement. No member of the Local Board will cast a vote on the provision of services
by that member (or any organization, which that member represents) or vote on any
matter which would provide direct financial benefit to that member (or immediate
family.of the member) or any business or organization which the member directly
represents.
Exhibit B
Intellectual Property Provisions
Federal Funding
Pursuant to 2 CFR 200.315, in any subgrant funded in whole or in part by the federal
government, Pass-through Entity acquires the title to intangible property, as defined in 2
CFR 200.59 as including Intellectual Property, which results directly or indirectly from the
subgrant. The federal government shall have a royalty -free, non-exclusive and Irrevocable
right to reproduce, publish, or otherwise use the Intellectual Property for Federal
purposes, and to authorize others to do so. Additionally, pursuant to 2 CFR 2900.13,
Intellectual Property developed under this subgrant will be licensed under a Creative
Commons Attribution license, which allows subsequent users to copy, distribute, transmit and
adapt the copyrighted work and requires such users to attribute the work in the manner
specified by the Pass-through Entity.
Exhibit C
Confidentiality Requirements
The State of California and the Subreciplent will exchange various kinds of information
pursuant to this subgrant agreement. That information will include data, applications,
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program files, and databases. These data and information are confidential when they define EXHIBIT 2
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 EDD, the California Department of
Social Services, the California Department of Education, the California Department of
Corrections and Rehabilitation, the County Welfare Department(s), the County IV -D Directors
Office of Child Support, the Office of the District Attorney, the California Department of
Mental Health, the California Office of Community Colleges and the Department of Alcohol and
Drug Programs.
The Pass-through Entity and Subrecipient agree that:
a. Each party shall keep all information that is exchanged between them in the strictest
confidence and make such information available to their own employees only on a
"need -to -know" basis.
b. Each party shall provide security sufficient to ensure protection of confidential
information from improper use and disclosures, including sufficient administrative,
physical, and technical safeguards to protect this information from reasonable
unanticipated threats to the security or confidentiality of the information.
c. The Subrecipient agrees that information obtained under this subgrant agreement will
not be reproduced, published, sold or released in original or in any other form for
any purpose other than those specifically identified in this agreement.
1. Aggregate Summaries: All reports and/or publications developed by the
Subrecipient based on data obtained under this agreement shall contain
confidential data in aggregated or statistical summary form only. "Aggregated"
refers to a data output that does not allow identification of an Individual or
employer unit.
2. Publication: Prior to publication, Subrecipient shall carefully analyze
aggregated data outputs to ensure the identity of individuals andlor employer
units cannot be inferred pursuant to California Unemployment Insurance Code
Section 1094(c). Personal identifiers must be removed. Geographic identifiers
should be specified only in large areas and as needed, and variables should be
recorded In order to protect confidentiality.
3. Minimum Data Cell Size: The minimum data cell size or derivation thereof shall
be.three participants for any data table released to outside parties or to the
public.
d. Each party agrees that no disaggregate data, Identifying individuals or employers,
shall be released to outside parties or the public.
e. The Subrecipient shall notify Pass-through Entity's Information Security Office of
any actual or attempted information security incidents, within 24 hours of initial
detection, by telephone at (916) 654-6231. Information security incidents include,
but are not limited to, any event (intentional or unintentional), that causes the
loss, damage, or destruction, or unauthorized access, use, modification, or
disclosure of information assets.
The Subrecipient shall cooperate with the Pass-through Entity in any Investigation
of security incidents. The system or device affected by an information security
incident and containing confidential data obtained in the administration of this
program shall be immediately removed from operation upon confidential data exposure
or a known security breach. It shall remain removed from operation until correction
and mitigation measures are applied. If the Subrecipient learns of a breach in the
security of the system which contains confidential data obtained under this
Subgrant, then the Subrecipient must provide notification to individuals pursuant
to California Civil Code Section 1798.82.
The Subrecipient shall be responsible for all costs incurred by the Pass-through
Entity due to a security incident resulting from the Subrecipient's failure to
perform or negligent acts of its personnel, and resulting in an unauthorized
disclosure, release, access, review, or destruction; or loss, theft or misuse of
an Information asset. If the Subrecipient experiences a loss or breach of data,
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the Subrecipient shall immediately report report the loss or breach to the Pass- EXHIBIT 2
through Entity. If the Pass-through Entity determines that notice to the
Individuals whose data has been lost or breached is appropriate, the Subrecipient
will bear any and all costs associated with the notice or any mitigation selected
by the Pass-through Entity. These costs include, but are not limited to, staff
time, material costs, postage, media announcements, and other identifiable costs
associated with the breach or loss of data.
f. The Subrecipient shall provide for the management and control of physical access to
Information assets (Including personal computer systems, computer terminals, mobile
computing devices, and various electronic storage media) used in performance of this
Subgrant. This shall include, but is not limited to, security measures to physically
protect data, systems, and workstations from unauthorized access and malicious
activity; the prevention, detection, and suppression of fires; and the prevention,
detection, and minimization of water damage.
g. At no time will confidential data obtained pursuant to this agreement be placed 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
California Civil Code, Section 502 of the California Penal Code, Section 2111 of the
California Unemployment Insurance Code, Section 10850 of the California Welfare and
Institutions Code and other applicable local, state and federal laws.
1. Each party shall (where it is appropriate) store and process Information In
electronic format, in such a way that unauthorized persons cannot reasonably retrieve
the information by means of a computer.
j. All Subreclpient staff and subcontractors that are provided access to any data
systems of the Pass-through Entity, excluding CaIJOBS, are required to complete
and sign an Employee Confidentiality Statement (DE 7410).
k. Each party shall promptly return to the other party confidential information when
its use ends, or destroy the confidential information utilizing an approved method of
destroying confidential information: shredding, burning, or certified or witnessed
destruction. Magnetic media are to be degaussed or returned to the other party.
I. If the Pass-through Entity or Subreclpient enters into an agreement with a third
party to provide WIOA services, the Pass-through Entity or Subrecipient agrees to
include these data and security and confidentiality requirements in the agreement
with that third parry. In no event shall said information be disclosed to any
individual outside of that third party's authorized staff, subcontractor(s), service
providers, or employees.
m. The Subrecipient may, in its operation of the America's Job Center of California
(AJCC), permit an AJCC Operator to enter into a subcontract to manage confidential
information. This subcontract may allow an individual to register for resume
distribution services at the same time the individual enrolls in CaIJOBS.
Subrecipient shall ensure that all such subcontracts comply with the intellectual
property requirements of this subgrant agreement, the confidentiality requirements of
this subgrant agreement and any other terms of this subgrant agreement that may be
applicable. In addition, the following requirements must be included in the
subcontracts:
All client information submitted over the internet to the subcontractor's
databases must be protected, at a minimum, by 128 -bit Secure Socket Layer (SSL)
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 other confidential
Information in the course of business, for example a resume -distribution service
that provides enrollment in CaIJOBS, social security numbers must be destroyed
within two days after the client registers for CaIJOBS. If a subcontractor
obtains confidential information as an agent of the Subrecipient, the subcontract
must 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. Social security numbers and other client specific information
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shall not be retained for more than three years after a client completes EXHIBIT 2
services.
2. Client information (personal information that Identifies a client such as name
and social security number) and/or demographic Information of a client (such as
wage history, address, and previous employment) shall not be used as a basis for
commercial solicitation 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 than those specific program purposes set
forth in the subcontract.
3. An AJCC client must still be given the option to use the AJCC's services,
including CalJOBS, 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 AJCC or for CaIJOBS, the
subcontractor's resume -distribution services, or any other services
subcontractor offers to the client or the AJCC 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 client
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 Pass-through Entity modifies State automated systems such as the State
CaIJOBS System, it shall provide reasonable notice of such changes to the
Subrecipient. The Subrecipient shall be responsible to communicate such changes
to the AJCC Operator(s) In the local area.
n. Each party shall designate an employee who shall be responsible for overall security
and confidentiality of its data and information systems and each party shall not fy
the other of any changes in that designation. As of this date, the following are
those individuals:
FOR THE PASS-THROUGH ENTITY:
Name: Michael Greenlow
Title: Section Manager
Address: P.O. Box 826880, MIC 50
Sacramento, CA 94280-0001
Telephone: (916) 654-9699
Fax: (916) 654-9566
FOR THE SUBRECIPIENT:
Name: Deborah Sanchez
Title: Economic Development Spec. III
Telephone:' (714) 565-2621
Fax: (714) 565-2601
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