RES-2009-096RESOLUTION NO. 2009 -096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE WORKFORCE INVESTMENT
ACT TITLE I MASTER SUBGRANT AGREEMENT BETWEEN
THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA
FOR THE TERM OF APRIL 1, 2009 THROUGH JUNE 30, 2011
WHEREAS, the City of Anaheim (the "City ") has been designated by the Governor of the State of
California as a Local Workforce Investment Area under the Workforce Investment Act (the "WIA ");
and
WHEREAS, the City is entitled to receive certain funds under the WIA; and
WHEREAS, the State of California requires the approval of a subgrant agreement in order for the
City to be eligible to receive these funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Approval of Master Subgrant Agreement. That certain WIA Subgrant Agreement
No. K074135 (the "WIA Master Subgrant Agreement ") which (1) is attached hereto as Exhibit "A"
and incorporated herein by reference and (ii) allocates funds in the amount of One Million Twenty -
Four Thousand Seven Hundred Five Dollars ($1,024,705) to the City of Anaheim, is hereby
approved.
Section 2. City Manager Authorization. The City Manager is hereby authorized to execute the
Master Subgrant Agreement, modifications thereto and related documents on behalf of the City.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY -THIRD (23RD) DAY OF
JUNE, 2009 BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
XBSENT: NONE
MAYOR OF THE CIT OF A HEIM
ATTEST:
CITI' CLERK OF THE CITY OF ANAHEIM 73184.1
CITY OF ANAHEIM
Community Development
201 South Anaheim Boulevard, Suite 1003
Anaheim, California 92805
FAX (714) 765 -4313
(714) 765 -4300
DATE: MAY 11, 2004
TO: CITY MANAGER/CITY COUNCIL
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING THE WORKFORCE INVESTMENT ACT TITLE I MASTER SUBGRANT
AGREEMENT BETWEEN THE CITY OF ANAHEIM AND THE STATE OF CALIFORNIA
FOR THE TERM OF APRIL 1, 2004 THROUGH JUNE 30, 2006
RECOMMENDATION
That the City Council adopt that certain Resolution of the City Council of the City of Anaheim approving
the Workforce Investment Act Title I Master Subgrant Agreement between the City of Anaheim and the
State of California for the term of April 1, 2004 through June 30, 2006 and authorizing the City Manager to
execute the Master Subgrant Agreement, modifications thereto and related documents on behalf of the
City.
DISCUSSION
The City of Anaheim has received its Title I formula youth allocation from the State under the Workforce
Investment Act (WIA) for Program Year 2004 -2005. This allocation totals $565,290 and will be used to
operate youth programs as outlined in the City's Strategic Five -Year WIA Plan. The City Council jointly
submitted the WIA Plan with the Anaheim Workforce Investment Board (WIB) to the State that was
subsequently approved in March 2000. Funds will be used to help prepare economically disadvantaged
youth ages 14 -21 for further education, additional training and successful transition into the workplace.
The State has informed us that the adult and dislocated worker formula funds will be processed into this
subgrant agreement at a later date upon approval of the State's budget for 2004 -05.
IMPACT ON BUDGET
Sufficient funds have been allocated in Fund 221. There is no impact on the General Fund.
Submitted by: Concurred by:
Ruben Aceves lisa Stipkovich
Workforce Development Manager Executive Director
G %Wd&ExecutwetW18-CCX51311 Reports%W IA nos 1 Master Subgrara 04- 06.0oc www.anaheim.net
A 36
COPY
WIA SUBGRANT AGREEMENT
ANAHEIM CITY
I
SUBGRANTOR: State of California
Employment Development Dept.
I workforce Investment Division
P.O. Box 826880, MIC 69
Sacramento, CA 94280 -0001
I
REGISTRATION NO: R588717
MODIFICATION NO: NEW
SUBGRANTEE: ANAHEIM CITY
50 SOUTH ANAHEIM BLVD. #200
ANAHEIM , CA 92805
GOVERNMENTAL ENTITY: YES
This Subgrant Agreement is entered into by and between the State of California, Employment Development Department,
hereinafter the Subgrantor, and the ANAHEIM CITY
to operate a program in accordance with the provisions of hereinafter the Subgrantee. The Subgrantee agrees
this Subgrant and to have an approved WIA Local Plan for the
above named Subgrantor filed with the Subgrantor pursuant to the Workforce Investment Act (WIA). This 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 and standards of Conduct
Title I -Y (WIA TITLE I YOUTH FORMULA)
Exhibit AA, pages 1 through 1
Exhibit BB, pages 1 through 12
Exhibit DD, pages 1 through 1
AS TO FORM:
ATTORNE
ALLOCATION(s): PRIOR AMOUNT: $0.00
The Subgrantor agrees to reimburse the Subgrantee INCREASE /DECREASE: $565,290.00
not to exceed the amount listed hereinafter "TOTAL ": TOTAL: $565,290.00
TERMS OF AGREEMENT:
From 04/01/2004 to 06/30/2006 Terms of Exhibits are as
designated on each exhibit
PURPOSE: To incorporate and add WIA Formu:a Youth funding for PY 2 n4 5
APPROVED FOR SUBGRAh - TOR (EDD` ;By Signature; APPRCVED FOR SUBGRANTEE ;By Signature)
1
I
Name and Title I Name and Title
BILL BURKE
ASSISTANT DEPUTY DIRECTOR I David M. Morgan
WORKFORCE DEVELOPMENT BRANCH
City Manager
I hereby certify that to my knowledge, the budgeted I This Agreement does not fall within the meaning of Section
funds are available for the period and purpose of 1 10295 of Chapter 2 of Part 2 of Division 2 of the Public
expenditures as stated herein: I Contract Code of the State of California and pursuant to
58 OPS Cal. Atty. Gen. 586, is exempt from review or approval
Of tl:e Dept. of General Services and the Dept. of F1nancE:
I
i
Signature of EDD Accounting Officer Signature of EDD Contract Officer
— I
Budget item: Code & Title
Federal Catalog No. 417259/ / / State ;
Chapter 157 Statutes: 2003 FY: 03/04 Fund:
Federal
Amount Encumbered:
8 Budgetary Attachment: YES
PPS
WIA SUBGRANT AGREEMENT
FUNDING DETAIL SHEET
SUBGRANTEE NAME: ANAHEIM CITY
i FUNDING SOURCE
TITLE I -Y: YOUTH
I_ ALLOCATION
PRIOR j
j AMOUNT
96104 WIA TITLE I YOUTH FORMULA (301) j
04/01/2004 to 06/30/2006 j
I
TOTAL TITLE I -Y
GRAND TOTAL: j
j
Exhibit AA
Page 1 of 1
SUBGRANT NO: R588717
MODIFICATION NO: NEW
j ADJUSTED I
INCREASE I DECREASE ALLOCATION
j
I
$0.00
$0.00 j
j
j
$565,290.00 i
j
$565,290.00
j
$0.00 j
j
$0.00 j
j
$565,290.00
$0.00
$565,290.00
j
$0.00 j
j
$565,290.00
$0.00 j
j
$565,290.00
All references are to the Workforce Investment Act of 1998, Title I, unless otherwise noted. For modifications
purposes only. All other terms and conditions of this exhibit not included herein remain unchanged.
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY Exhibit BB
Page 1 of 12
SUBGRANT NO: R588717
MODIFICATION NO: NEW
1. Compliance
In performance of this agreement, Subgrantee will fully comply with:
a) The provisions of the WIA and all regulations, directives, policies,
procedures and amendments issued pursuant thereto and /or legislation,
regulations, policies, directives, and /or procedures which may replace WIA.
b) -All State legislation and regulations to the extent permitted by federal law
and all policies, directives and /or procedures, which implement the WIA.
c) Subgrantee will ensure diligence in managing programs under this agreement
including performing appropriate monitoring activities and taking prompt
corrective action against known violations of the WIA. Contractor agrees to
conform to the provisions of the Workforce Investment Act (WIA) and the contract
requirements as referenced in 29 CFR Part 95, Appendix A and 29 CFR, Part
97.36(i)(1 -13).
d: This agreement contains the entire agreement of the parties and supersedes
all negotiations, verbal or otherwise and any other agreement between the
parties hereto. This 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 Subgrantor and the Subgrantee.
e . Subgrantee represents and warrants it is free to enter into and fully perform
this subgrant.
2. Certification
Except as otherwise indicated, the following certifications apply to all
Subgrantees.
a�. Corporate Registration: The Subgrantee, if it is a corporation, certifies
it is registered with the Secretary of State of the State of California.
b'. Sectarian Activities: The Subgrantee certifies that this agreement does
not provide for the advancement or aid to any religious sect, church or creed,
or sectarian purpose nor does it help to support or sustain any school, college,
university, hospital or other institution controlled by any religious creed,
church, or sectarian denomination whatsoever, as specified by Article XVI,
Section 5, of the Constitution, regarding separation of church and state.
c'... National Labor Relations Board: The Subgrantee (if not a public entity),
by signing this agreement, does swear under penalty of perjury, that no more
than one final unappeasable finding of contempt of court by a federal court has
been issued against the Subgrantee within the immediately preceding two -year
period because of Subgrantee failure to comply with an order of a federal court
which orders the Subgrantee to comply with an order of the National Labor
Relations Board.
d) . Prior Findings: Subgrantee, by signing this agreement, does swear under
penalty of perjury, that it has not failed to satisfy any major condition in a
current or previous contract or grant with the Department of Labor (DO1.) 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.
eS. Drug -Free Workplace Certification: By signing this subgrant /contract, the
subgrantee /contractor hereby certifies under penalty of perjury under the laws
of the State of California that the Subgrantee or contractor will comply with
the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section
8350 et seq. and 29 CFR Part 98) 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,
as required by Government Code Section. 8350(a).
(2:. Establish a Drug -Free Awareness Program as required by Government Code
Section 8355(b) to inform employees about all of the following:
the dangers of drug abuse in the workplace;
the person's or organization's policy of maintaining a drug -free workplace;
any available counseling, rehabilitation and employee assistance programs;
anal,
- penalties that may be imposed upon employees for drug abuse violations.
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY Exhibit BB
Page 2 of 12
SUBGRANT N0: R588717
MODIFICATION N0: NEW
;3). Provide, as required by Government Code Section 8355(c), that every
employee who works on the proposed subgrant /contract:
will receive a copy of the company's drug -free policy statement; and,
will agree to abide by the terms of the company's statement as a condition of
employment on the subgrant /contract.
f;. Child Support Compliance Act: In accordance with the Child Support
Compliance Act, the Subgrantee /contractor recognizes and acknowledges:
the importance of child and family support obligations and shall fully
comply with applicable state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Chapter 8
;commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
that to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Employee Registry maintained by the California Employment
Development Department (EDD).
g Debarment and Suspension Certification: By signing this agreement, the
Subgrantee hereby certifies under penalty of perjury under the laws of the State
of California the Subgrantee will comply with regulations implementing Executive
Order 12549, Debarment and Suspension, 29 CFR Part 98.510, that the prospective
participant (i.e., grantee), to the best of its knowledge and belief, that it
and its principals:
i1). Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transitions by any federal
department or agency.
2). Have not within a three -year period preceding this proposal been convicted
of or had a civil judgement 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
commissicn 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 paragraph 2 of this certification.
'4j. Have not within a three year period preceding this agreement had one or
more public transactions (federal, State or local) terminated for cause of
default.
(5). Where the prospective primary participant is unable to certify to any of
the statements in this certification, such prospective participant shall attach
an explanation to this agreement.
h`. Lobbying Restrictions: By signing this agreement the Subgrantee hereby
assures and certifies to the lobbying restrictions which are codified in the DOL
regulations at 29 CFR Part 93.
(1). No federal appropriated funds have been paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer
or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with this
federal contract, grant loan, or cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract,
grant, loan, or cooperative agreement.
(2). If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, and officer or employee of
Congress, or an employee of a Member of Congress, in connection with this
federal contract, grant, loan, and cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL (exhibit 1), "Disclosure Form to Report
Lobbying" in accordance with its instructions.
(3). The undersigned shall require that the language of this certification be
included in the award documents for subgrant /contract transactions over $100,000
(per OMB) at all tiers (including subgrants, contracts and subcontracts, under
grants, loan, or cooperative agreements), and that all subrecipients shall
certify and disclose accordingly.
Subgrantee: ANAHEIM CITY WIA SUBGRANT AGREEMENT
(4 -. This certification is a material representation of fact upon which
reliance is placed when this transaction is executed. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, and U.S. Code. Any person who fails 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.
i). Union Activities: Subgrantee, by signing this Grant, hereby acknowledges
the applicability of Government Code 16645 through 16649 to this Agreement.
Furthermore, Subgrantee, by signing this agreement, hereby certifies that
(1;. No state funds disbursed by this grant will be used to assist, promote or
deter union organizing.
(2). Subgrantee shall account for state funds disbursed for a specific
expenditure by this grant, to show those funds were allocated to that
expenditure.
(3). Subgrantee shall, where state funds are not designated as described in (2)
above. allocate, on a pro -rata basis, all disbursements that support the grant
program.
(4;. If Subgrantee makes expenditures to assist, promote or deter union
organizing, Subgrantee will maintain records sufficient to show that no state
funds were used for those expenditures, and that Subgrantee shall provide those
records to the Attorney General upon request.
Failure to comply with all requirements of the certifications in Section 2 may
result in suspension of payment under the subgrant /contract or termination of
the subgrant /contract, or both, and the contractor or grantee may be ineligible
for award of future state subgrants /contracts if the department determines that
any of the following has occurred: (1) false information on the certifications,
or (2) violation of the terms of the certifications by failing to carry out the
requirements as noted above.
3. Standards of Conduct
The following standards apply to all Subgrantees.
al. General Assurance: Every reasonable course of action will be taken by the
Subgrantee in order to maintain the integrity of this expenditure of public
funds and to avoid favoritism and questionable or improper conduct. This
agreement will be administered in an impartial manner, free from efforts to gain
personal, financial or political gain. Subgrantee agrees to conform to the
nondiscrimination requirements as referenced in WIA, Section 188.
b;. The Subgrantee agrees to comply with the Americans with Disabilities Act
(ADA) of 1990 (42 U.S.C. 12101 et seq.), which prohibits discrimination on the
basis of disability, and all applicable federal and State laws and regulations,
guidelines, and interpretations issued thereto.
c). Employment of Former State Employees: The Subgrantee will insure that any
of its employees who were formerly employed by the State of California in a
Position that could have enabled such individuals to impact policy regarding or
implementation of programs covered by this agreement, will not be assigned to
any part or phase of the activities conducted pursuant to this agreement for a
period of not less than two years following the termination of such employment.
d). Conducting Business Involving Relatives: No relative by blood, adoption or
marriage of any executive or employee of the Subgrantee, will receive favorable
treatment when considered for enrollment in programs provided by, or employment
with, the Subgrantee.
e). Conducting Business Involving Close Personal Friends and Associates:
Executives and employees of the Subgrantee will be particularly aware of the
varying degrees of influence that can be exerted by personal friends and
associates and, in administering the agreement, will exercise due diligence to
avoid situations which give rise to an assertion that favorable treatment is
being granted to friends and associates.
f). Avoidance of Conflict of Economic Interest: An executive or employee of
the Subgrantee, 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 Subgrantee or
Subgrantor: Supplies, materials, equipment or services purchased with agreement
funds will be used solely for purposes allowed under this agreement. No member
of the Local Board will cast a vote on the provision of services by that member
Exhibit BB
Page 3 of 12
SUBGRANT NO: R588717
MODIFICATION NO: NEW
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY
(or any organization, which that member represents) or vote on any matter which
would provide direct financial benefit to that member (or immediate family of
the member) or any business or organization which the member directly
represents.
4. Coordination
Subgrantee will, to the maximum extent feasible, coordinate all programs and
activities supported under this part with other programs under the WIA,
including the Wagner - Peyser Act, Title 38 of the United States Code, and other
employment and training programs at the State and local level..
S. Funding
This 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 Agreement for the purposes of this program and; (2) sufficient funds
available to the State by the United States Government for the fiscal years
covered by this Agreement for the purposes of this program. In addition, this
Agreement is subject to any additional restrictions, limitations, or conditions
enacted by the Congress and Legislature or any statue enacted by the Congress
and Legislature which may affect the provisions, terms, or funding of this
subgrant in any manner. The Subgrantor has the option to void or amend this
subgrant to reflect any reduction of funds.
a`.At the expiration of the term of this agreement or upon termination prior to
the expiration of this agreement, funds not obligated for the purpose of this
agreement will be immediately remitted to the Subgrantor, and no longer
available to the Subgrantee.
b?.The Subgrantor 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 Subgrantee is given prompt notice and the opportunity
for a hearing. Failure on the part of the Subgrantee or a Subcontractor of the
Subgrantee to comply with the provisions of this agreement, or with the WIA or
regulations, when such failure involves fraud or misappropriation of funds, may
result in immediate withholding of funds.
c'.The local Chief Elected Official of a unit of general local government
designated as a local Workforce Investment Area shall be liable to the EDD for
all funds not expended in accordance with WIA, and shall return to the EDD all
of those funds. If there is more than one unit of general local government in a
local Workforce Investment Area, the Chief Elected Official(s) will be the
individual(s) designated under an agreement executed by the Chief Elected
Official(s) of the local units of government. The Chief Elected Official(s)
designated under the agreement shall be liable to the EDD for all funds not
expended in accordance with the WIA, and shall return to the EDD all of those
funds.
6. Property
All property, finished or unfinished documents, data, studies and reports
prepared or purchased by the Subgrantee under this agreement, will be disposed
of in accordance with the direction of the Subgrantor. In addition, any tools
and /or equipment furnished to the Subgrantee by the Subgrantor and /or purchased
by the Subgrantee with funds pursuant to this agreement will be limited to use
within the activities outlined in this agreement and will remain the property of
the United States Government and /or the Subgrantor. Upon termination of this
agreement, Subgrantee will immediately return such tools and /or equipment to the
Subgrantor or dispose of them in accordance with the direction of the
Subgrantor.
Intellectual Property Provisions
a).Federal Funding
In any subgrant funded in whole or in part by the federal government, Subgrantor
may acquire and maintain the Intellectual Property rights, title, and ownership,
which result directly or indirectly from the subgrant, except as provided in 37
Code of Federal Regulations part 401.14. However, pursuant to 29 CPR section
97.34 the federal government shall have a royalty -free, non - exclusive,
irrevocable, paid -up license throughout the world to use, duplicate, or dispose
of such Intellectual Property throughout the world in any manner for
governmental purposes and to have and permit others to do so.
Exhibit BB
Page 4 of 12
SUBGRANT NO: R588717
MODIFICATION NO: NEW
b). Ownership
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY
.!).Except where Subgrantor has agreed in a signed writing to accept a license,
Subgrantor shall be and remain, without additional compensation, the sole owner
of any and all rights, title and interest in all intellectual property, from the
moment of creation, whether or not jointly conceived, that are made, conceived,
derived from, or reduced to practice by Subgrantee or Subgrantor and which
result directly or indirectly from this Subgrant.
(2).For the purposes of this Subgrant, Intellectual Property means recognized
protectable rights and interest such as: patents, (whether or not issued)
copyrights, trademarks, service marks, applications for any of the foregoing,
inventions, trade secrets, trade dress, logos, insignia, color combinations,
slogans, moral rights, right of publicity, author's rights, contract and
licensing rights, works, mask works, industrial design rights, rights of
priority, know how, design flows, methodologies, devices, business processes,
developments, innovations, good will, any data or information maintained,
collected or stored in the ordinary course of business by Subgrantor, and all
other legal rights protecting intangible proprietary information as may exist
now and /or hereafter come into existence, and all renewals and extensions,
regardless of whether those rights arise under the laws of the United States, or
any other state, country or jurisdiction.
,a). For the purposes of the definition of Intellectual Property, "works" means
all literary works, writings and printed matter including the medium by which
they are recorded or reproduced, photographs, art work, pictorial and graphic
representations and works of a similar nature, film, motion pictures, digital
images, animation cells, and other audiovisual works including positives and
negatives thereof, sound recordings, tapes, educational materials, interactive
videos, computer software and any other materials or products created, produced,
conceptualized and fixed in a tangible medium of expression. It includes
preliminary and final products and any materials and information developed for
the purposes of producing those final products. "Works" does not include
articles submitted to peer review or reference journals or independent research
projects.
3' In the performance of this Subgrant, Subgrantee may exercise and utilize
certain of its Intellectual Property in existence prior to the effective date of
this Subgrant. In addition, under this Subgrant, Subgrantee may access and
utilize certain of Subgrantor's Intellectual Property in existence prior to the
effective date of this Subgrant. Except as otherwise set forth herein,
Subgrantee shall not use any of Subgrantor's Intellectual Property now existing
or hereafter existing for any purposes without the prior written permission of
Subgrantor. Except as otherwise set forth herein, neither the Subgrantee nor
Subgrantor shall give any ownership interest in or rights to its Intellectual
Property to the other Party. If, during the term of this Subgrant, Subgrantee
accesses any third -party Intellectual Property that is licensed to Subgrantor,
Subgrantee agrees to abide by all license and confidentiality restrictions
applicable to Subgrantor in the third - party's license agreement.
4).Subgrantee agrees to cooperate with Subgrantor in establishing or
maintaining Subgrantor's exclusive rights in the Intellectual Property, and in
assuring Subgrantor's sole rights against third parties with respect to the
Intellectual Property. If the Subgrantee enters into any agreements or
subcontracts with other parties in order to perform this Subgrant, Subgrantee
shall require the terms of the agreement(s) to include all Intellectual Property
provisions of paragraphs seven a) through seven i). Such terms must include,
but are not limited to, the subcontractor assigning and agreeing to assign to
Subgrantor all rights, title and interest in Intellectual Property made,
conceived, derived from, or reduced to practice by the subcontractor, subgrantee
or Subgrantor and which result directly or indirectly from this Subgrant or any
subcontract.
(5) -Pursuant to paragraph seven (b) (4) of the Intellectual Property Provisions
in Exhibit BB to this Subgrant, the requirement for the Subgrantee to include
all Intellectual Property Provisions of paragraph seven a) through seven i) of
the Intellectual Property Provisions in all agreements and subcontracts it
enters into with other parties does not apply to agreements or subcontracts that
are for customized and on- the -job training as authorized under 20 CPR 663.700-
730.
(6).Subgrantee further agrees to assist and cooperate with Subgrantor in all
reasonable respects, and execute all documents and, subject to reasonable
availability, give testimony and take all further acts reasonably necessary to
acquire, transfer, maintain, and enforce Subgrantor's Intellectual Property
rights and interests.
Exhibit BB
Page 5 of 12
SU13GPANT NO: R588717
MODIFICATION NO: NEW
c). Retained Rights / License Rights
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY
(1) -Except for Intellectual Property made, conceived, derived from, or reduced
to practice by Subgrantee or Subgrantor and which result directly or indirectly
from this Subgrant, Subgrantee shall retain title to all of its Intellectual
Property to the extent such Intellectual Property is in existence prior to the
effective date of this Subgrant. Subgrantee hereby grants to Subgrantor,
without additional compensation, a permanent, non - exclusive, royalty free, paid -
up, worldwide, irrevocable, perpetual, non - terminable license to use, reproduce,
manufacture, sell, offer to sell, import, export, modify, publicly and privately
display /perform, distribute, and dispose of Subgrantee's Intellectual Property
with the right to sublicense through multiple layers, for any purpose
whatsoever, to the extent it is incorporated in the Intellectual Property
resulting from this subgrant, unless Subgrantee assigns all rights, title and
interest in the Intellectual Property as set forth herein.
(2) Nothing in this provision shall restrict, limit, or otherwise prevent
Subgrantee from using any ideas, concepts, know -how, methodology or techniques
related to its performance under this Subgrant, provided that Subgrantee's use
does not infringe the patent, copyright, trademark rights, license or other
Intellectual Property rights of Subgrantor or third party, or result in a breach
or default of any provisions of paragraphs seven a) through seven i) or result
in a breach of any provisions of law relating to confidentiality.
d','. Copyright
(1) Subgrantee agrees that for purposes of copyright law, all works (as defined
in Ownership, paragraph seven (b) (2) (a) of authorship made by or on behalf of
Subgrantee in connection with Subgrantee's performance of this Subgrant shall be
deemed "works made for hire." Subgrantee further agrees that the work of each
person utilized by Subgrantee in connection with the performance of this
Subgrant will be a "work made for hire," whether that person is an employee of
Subgrantee or that person has entered into an agreement with Subgrantee to
perform the work. Subgrantee shall enter into a written agreement with any such
person that: (i) all work performed for Subgrantee shall be deemed a "work made
for hire" under the Copyright Act and (ii) that person shall assign all right,
title, and interest to Subgrantor to any work product made, conceived, derived
from or reduced to practice by Subgrantee or Subgrantor and which result
directly or indirectly from this Subgrant.
(2)All materials, including, but not limited to, computer software, visual works
or text, reproduced or distributed pursuant to this Subgrant that include
Intellectual Property made, conceived, derived from, or reduced to practice by
Subgrantee or Subgrantor and which result directly or indirectly from this
Subgrant may not be reproduced or disseminated without prior written permission
from Subgrantor.
el. Patent Rights
With respect to inventions made by Subgrantee in the performance of this
Subgrant, which did not result from research and development specifically
included in the Subgrant's scope of work, Subgrantee hereby grants to Subgrantor
a license as described under paragraph seven c) for devices or material
incorporating, or made through the use of such inventions. If such inventions
result from research and development work specifically included within the
Subgrant's scope of work, then Subgrantee agrees to assign to Subgrantor,
without additional compensation, all its right, title and interest in and to
such inventions and to assist Subgrantor in securing United States and foreign
patents with respect thereto.
f). Third -Party Intellectual Property
Except as provided herein, Subgrantee agrees that its performance of this
Subgrant shall not be dependent upon or include any Intellectual Property of
Subgrantee or third party without first: (i) obtaining Subgrantoe's prior
written approval; and (ii) granting to or obtaining for Subgrantor's, without
additional compensation, a license, as described in paragraph seven c), for any
of Subgrantee's or third - party's Intellectual Property in existence prior to the
effective date of this Subgrant. If such a license upon these terms is
unattainable, and Subgrantor determines that the Intellectual Property should be
included in or is required for Subgrantee's performance of this Subgrant,
Subgrantee shall obtain a license under terms acceptable to Subgrantor.
g;. Warranties
(1). Subgrantee represents and warrants that:
Exhibit BB
Page 6 of 12
SUBGRANT NO: R588717
MODIFICATION NO: NEW
(a) . It has secured and will secure all rights and licenses necessary for its
performance of this Subgrant.
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY
i.b• Neither Subgrantee's performance of this Subgrant, nor the exercise by
either Party of the rights granted in this Subgrant, nor any use, reproduction,
manufacture, sale, offer to sell, import, export, modification, public and
private display /performance, distribution, and disposition of the Intellectual
Property made, conceived, derived from, or reduced to practice by Subgrantee or
Subgrantor and which result directly or indirectly from this Subgrant will
infringe upon or violate any Intellectual Property right, non - disclosure
obligation, or other proprietary right or interest of any third -party or entity
now existing under the laws of, or hereafter existing or issued by, any state,
the United States, or any foreign country. There are currently no actual or
threatened claims by any such third party based on an alleged violation of any
such right by Subgrantee.
(
. Neither Subgrantee's performance nor any part of its performance will
violate the right of privacy of, or constitute a libel or slander against any
person or entity.
d It has secured and will secure all rights and licenses necessary for
Intellectual Property including, but not limited to, consents, waivers or
releases from all authors.
(e). Of music or performances used, and talent (radio, television and motion
picture talent), owners of any interest in and to real estate, sites locations,
property or props that may be used or shown.
(f). It has not granted and shall not grant to any person or entity any right
that would or might derogate, encumber, or interfere with any of the rights
granted to Subgrantor in this Subgrant.
g:•. It has appropriate systems and controls in place to ensure that state
funds will not be used in the performance of this Subgrant for the acquisition,
operation or maintenance of computer software in violation of copyright laws.
(h)- It has no knowledge of any outstanding claims, licenses or other charges,
I
iens, or encumbrances of any kind or nature whatsoever that could affect in any
way Subgrantee's performance of this Subgrant.
;2). SUBGRANTOR MAKES NO WARRANTY, THAT THE INTELLECTUAL PROPERTY RESULTING
FROM THIS SUBGRANT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR
THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED.
h- Intellectual Property Indemnity
":. Subgrantee shall indemnify, defend and hold harmless Subgrantor and its
licensees and assignees, and its officers, directors, employees, agents,
representatives, successors, and users of its products, ( "Indemnities ") from
and against all claims, actions, damages, losses, liabilities (or actions or
proceedings with respect to any thereof), whether or not rightful, arising from
any and all actions or claims by any third party or expenses related thereto
, .including, but not limited to, all legal expenses, court costs, and attorney's
fees incurred in investigating, preparing, serving as a witness in, or defending
against, any such claim action, or proceeding, commenced or threatened; to which
any of the Indemnities may be subject, whether or not Subgrantee is a party to
any pending or threatened litigation, which arise out of or are related to (i)
the incorrectness or breach of any of the representations, warranties, covenants
or agreements of Subgrantee pertaining to Intellectual Property; or (ii) any
Intellectual Property infringement, or any other type of actual or alleged
infringement claim, arising out of Subgrantor's use, reproduction, manufacture,
sale, offer to sell, distribution, import, export, modification, public and
private performance /display, license, and disposition of the Intellectual
Property made, conceived, derived from, or reduced to practice by Subgrantee or
Subgrantor and which result directly or indirectly from this Subgrant. This
indemnity obligation shall apply irrespective of whether the infringement claim
is based on a patent, trademark or copyright registration that was issued after
the effective date of this Subgrant. Subgrantor reserves the right to
participate in and /or control, at Subgrantee's expense, any such infringement
action brought against Subgrantor_
(2). Should any Intellectual Property licensed by the Subgrantee to Subgrantor
under this Subgrant become the subject of an Intellectual Property infringement
claim, Subgrantee will exercise its authority reasonably and in good faith to
preserve Subgrantoe's right to use the licensed Intellectual Property in
accordance with this Subgrant at no expense to Subgrantor. Subgrantor shall
have the right to monitor and appear through its own counsel (at Subgrantee's
expense) in any such claim or action. In the defense or settlement of the claim,
Subgrantee may obtain the right for Subgrantor to continue using the licensed
Intellectual Property or, replace or modify the licensed Intellectual Property
Exhibit BB
Page 7 of 12
SUBGRANT NO: R588717
MODIFICATION NO: NEW
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY
so that the replaced or modified Intellectual Property becomes non - infringing
provided that such replacement or modification is functionally equivalent to the
original licensed Intellectual Property. If such remedies are not reasonably
available, Subgrantor may be entitled to a refund of all monies paid under this
Subgrant, without restriction or limitation of any other rights and remedies
available at law or in equity.
(3). Subgrantee agrees that damages alone would be inadequate to compensate
Subgrantor for breach of any term of these Intellectual Property provisions of
paragraphs seven a) through seven i) by Subgrantee. Subgrantee acknowledges
Subgrantor would suffer irreparable harm in the event of such breach and agrees
Subgrantor shall be entitled to obtain equitable relief, including without
limitation an injunction, from a court of competent jurisdiction, without
restriction or limitation of any other rights and remedies available at law or
in equity.
1,. Survival
The provisions set forth herein shall survive any termination or expiration of
this Subgrant or any project schedule.
6. Termination
This agreement may be terminated in whole or in part for either of the two
following circumstances:
a). Termination for Convenience - Either the Subgrantor or the Subgrantee may
request a termination for convenience. The Subgrantee will give a ninety- (90)
calendar -day advance notice in writing to the Subgrantor. The Subgrantor will
give a ninety- (90) calendar -day advance notice in writing to the Subgrantee.
t Termination for Cause - The Subgrantor may terminate this agreement in
whole or in part when it has determined that the Subgrantee has substantially
violated a specific provision of the WIA, Regulations or implementing state
legislation and corrective action has not been taken.
(1). 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 Subgrantee will be addressed to:
City of Anaheim
Workforce Development Division
50 S. Anaheim Blvd., Suite 200
Anaheim, CA 92805
Notices to the Subgrantor will be addressed to:
Employment Development Department
Workforce Investment Division
P. O. Box 826880, MIC 69
Sacramento, CA 94280 -0001
9. Amendments
This agreement may be unilaterally modified by the Subgrantor upon written
notice to the Subgrantee 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 or modification to the local plan.
c). Funds awarded the Subgrantee have not been expended in accordance with the
schedule included in the approved local plan. After consultation with the
Subgrantee, the Subgrantor has determined that funds will not be spent in a
timely manner, and such funds are for that reason to the extent permitted by and
in a manner consistent with State and federal law, regulations and policies,
reverting to the Subgrantor-
d). There is a change in State and federal law or regulation requiring a
change in the provisions of this Subgrant. Except as provided above, this
Agreement may be amended only in writing by the mutual agreement of both
parties.
Exhibit BB
Page 8 of 12
SUBGRANT NO: R588717
MODIFICATION NO: NEW
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY Exhibit BB
Page 9 of 12
SU13GRANT NO_ R588717
MODIFICATION NO: NEW
10. Insurance
Except for city and county governmental entities, Subgrantees must provide the
Subgrantor evidence of the coverage specified in a, b, c and d below. The
evidence of coverage shall include the registration number of the subgrant
agreement for identification purposes.
a;. Subgrantee will obtain a fidelity bond in an amount of not less than
N/A , prior to the receipt of funds under this agreement. If the bond is
canceled or reduced, Subgrantee will immediately so notify the Subgrantor. In
the event the bond is canceled or revised, the Subgrantor will make no further
d_sbursements until it is assured that adequate coverage has been obtained.
b;. Subgrantee 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.
c:. Subgrantee will provide broad form automobile liability coverage with
limits as set forth in (b) above, which applies to both owned /leased and non -
owned automobiles used by the Subgrantee or its agents in performance of this
agreement, or, in the event that the Subgrantee will not utilize owned /leased
automobiles but intends to require employees, trainees or other agents to
utilize their own automobiles in performance of this agreement, Subgrantee will
secure and maintain on file from all such employees, trainees or agents a self -
certification of automobile insurance coverage.
Subgrantee will provide Worker's Compensation insurance, which complies
with provisions of the California Labor Code, covering all employees of the
Subgrantee and all participants enrolled in work experience programs. Medical
and Accident Insurance will be carried for those participants not qualifying as
"employee" (Section 3350, et seq. of the California Labor Code) for Worker's
Compensation.
The Subgrantor will be named as "Certificate Holder" of policies secured
in compliance with paragraphs a -d above and will be provided certificates of
insurance or insurance company "binders" prior to any disbursement of funds
under this agreement, verifying the insurance requirements have been complied
with. The coverage noted in b and c above must contain the following clauses:
Insurance coverage will not be canceled or charged unless 30 days prior to
the effective date of cancellation or change written notice is sent by the
Subgrantee to:
Employment Development Department
WIA - Financial Management unit
P. O. Box 826880, MIC 69
Sacramento, CA 94280 -0001
'2i State of California, its officers, agents, employees and servants are
included as additional insured, but only insofar as the operations under this
agreement are concerned.
(3). The State of California is not responsible for payment of premiums or
assessments on this policy.
1. Accounting and Cash Management
a). Subgrantee will comply with controls, record keeping and fund accounting
procedure requirements of WIA, federal and State regulations and directives to
ensure the proper disbursal of, and accounting for, program funds paid to the
Subgrantee and disbursed by the Subgrantee, under this agreement.
b). Subgrantee will submit requests for cash to coincide with immediate cash
needs and assure that no excess cash is on deposit in their accounts or the
accounts of any sub- contracting service provider in accordance with procedures
established by the Subgrantor. Failure to adhere to these provisions may result
in funds being provided through a reimbursement process.
c). The Subgrantor retains the authority to adjust specific amounts requested
if the Subgrantor's records and subsequent verification with the Subgrantee
indicates that the Subgrantee has an excessive amount of cash in its account.
d). Income (including interest income) generated as a result of the receipt of
WIA activities, will be utilized in accordance with policy and procedures
established by the Subgrantor. Subgrantee will account for any such generated
income separately.
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY
e;. Subgrantee shall not be required to maintain a separate bank account but
shall separately account for WIA funds on deposit. All funding under this
agreement, will be made by check or wire transfer payable to the Subgrantee for
deposit in Subgrantee's bank account or city and county governmental bank
accounts. To provide for the necessary and proper internal controls, funds
should be withdrawn and disbursed by no less than two representatives of the
Subgrantee.The Subgrantor will have a lien upon any balance of WIA funds in
these accounts which will take priority over all other liens or claims.
f;. Failure to adhere to the reporting requirements in item 12 of this
agreement will result in funds not being released.
12. Records
a). If participants are served under this agreement, the Subgrantee will
establish a participant data system as prescribed by the Subgrantor.
b:. Subgrantee will retain all records pertinent to this agreement for a
period of three years from the date of final payment of this agreement. If, at
the end of three years, there is litigation or an audit involving those records,
the Subgrantee will retain the records until the resolution of such litigation
or audit.
c:. The Subgrantor and /or the U. S. Department of Labor, or their designee
wail have access to and right to examine, monitor and audit all records,
documents, conditions and activities related to programs funded by this
agreement. Subgrantee's performance under the terms and conditions herein
specified will be subject to an evaluation by the Subgrantor of the adequacy of
the services performed, timeliness of response and a general impression of the
competency of the firm and its staff.
13. Reporting
Subgrantee will compile and submit reports of activities, expenditures, status
of cash and closeout information by the specified dates as prescribed by the
Subgrantor
14. Grievance and Complaint System
Subgrantee will establish and maintain a grievance and complaint procedure in
compliance with WIA, federal regulations and State statues, regulations and
policy.
15. Conflicts
a). Subgrantee will cooperate in the resolution of any conflict with the U. S.
Department of Labor that may occur from the activities funded under this
agreement.
b). In the event of a dispute between the Subgrantor and the Subgrantee over
any part of this agreement, the dispute may be submitted to non - binding
arbitration upon the consent of both the Subgrantor and the Subgrantee. An
election for arbitration pursuant to this provision will not preclude either
party from pursuing any remedy for relief otherwise available.
16. Audits
a; The Subgrantee 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 of OMB Circular A -133 (29 CFR 97.26 and 29
CFR 95.26).
b). The Subgrantee and /or auditors performing monitoring or audits of the
Subgrantee or its sub- contracting service providers will immediately report to
the Subgrantor any incidents of fraud, abuse or other criminal activity in
relation to this agreement, the WIA, or its regulations.
C). Before any funds are released under
describe how, if it becomes necessary, the
expenditures with non - federal funds.
this agreement, the Subgrantee will
Subgrantee will repay disallowed
Exhibit BB
Page 10 of 12
SUBGRANT NO: R588717
MODIFICATION NO: NEW
17. Disallowed Costs
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY Exhibit BB
Page 11 of 12
SUBGRANT N0: R588717
MODIFICATION NO: NEW
Except to the extent that the State determines it will assume liability, the
Subgrantee will be liable for and will repay, to the Subgrantor, any amounts
expended under this agreement found not to be in accordance with WIA including,
but not limited to, disallowed costs. Such repayment will be from funds (Non -
Federal:, other than those received under the WIA.
18. Indemnification
a;. The following provision, applies only if the Subgrantee is a governmental
entity.
Pursuant to the provision of Section 895.4 of the California Government Code,
each party agrees to indemnify and hold the other party harmless from all
liability for damage to persons or property arising out of or resulting from
acts or omissions of the indemnifying party.
b1. The following provision applies only if the Subgrantee is a non-
governmental entity:
The Subgrantee agrees to the extent permitted by law, to indemnify, defend and
save harmless the Subgrantor, its officers, agents and employees from any and
all claims and losses accruing or resulting to any and all contractors,
subcontractors, materials persons, laborers and any other persons, firms or
corporations, furnishing or supplying work, services, materials, or supplies in
connection with the performance of this agreement, and from any and all claims
and losses accruing or resulting to any persons, firms or corporations which may
be injured or damaged by the Subgrantee in the performance of this agreement.
i9. Labor Organizations
Subgrantee will consult with the appropriate labor organizations and /or employer
representatives in the design, operation or modification of the programs under
this agreement.
20. Nondiscrimination Clause
The conduct of the parties to this agreement will be in accordance with
Title VI of the Civil Rights Act of 1964, and the Rules and Regulations
promulgated thereunder and the provisions of WIA, Section 188. In addition:
(l;. During the performance of this subgrant /contract, Subgrantee /Contractor
and subcontractors shall not unlawfully discriminate, harass or allow
harassment, against any employee or applicant for employment because of sex,
race, color, ancestry, religious creed, national origin, physical disability
including HIV and AIDS), mental disability, medical condition (cancer), age
(over 40), marital status, pregnancy disability and denial of family care leave.
Subgrantees /Contractors and sub- contractors shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment. Subgrantee /Contractor and sub- contractor shall
comply with the provisions of the Fair Employment and Housing Act (Government
Code, Section 12900 et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, and Section 7285.0 et
seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Section 12990(a -f), set forth in Chapter 5,
Division 4 of Title 2 of the California Code of Regulations are incorporated
into this subgrant /contract or its subcontractors shall give written notice of
their obligations under this clause to labor organizations with which they have
a collective bargaining or other agreement.
(2). This Subgrantee /Contractor shall include the nondiscrimination and
compliance provisions of this clause in all subcontracts to perform work under
the subgrant /contract.
(3). This Subgrantee /Contractor agrees to conform to nondiscrimination
provisions of the Workforce Investment Act (WIA) and other federal
nondiscrimination requirements referenced in 29 CFR, Part 37.
21. Subcontracting
a). Any of the work or services specified in this agreement which will be
performed by other than by the Subgrantee will be evidenced by a written
agreement specifying the terms and conditions of such performance.
b). The Subgrantee will maintain and adhere to an appropriate system,
consistent with federal, State and local law, for the award and monitoring of
WIA SUBGRANT AGREEMENT
Subgrantee: ANAHEIM CITY
contracts which contain acceptable standards for insuring accountability.
c). The system for awarding contracts will contain safeguards to insure that
the Subgrantee does not contract with any entity whose officers have been
convicted of fraud or misappropriation of funds within the last two years.
22. Confidentiality Requirements
The State of California and the Subgrantee will exchange various kinds of
information pursuant to this agreement. That information will include data,
applications, program files, and databases. These data and information are
confidential when they define an individual or an employing unit. Confidential
information requires special precautions to protect it from unauthorized use,
access, disclosure, modification, and destruction. The sources of information
may include, but are not limited to, the Employment Development Department, the
California Department of Social Services, the California Department of
Education, the 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 Subgrantor and Subgrantee 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.
tl. Each party shall provide written instructions to all of its employees with
access to information provided by the other party of the confidential nature of
r-ne information and of the penalties for unauthorized use or disclosure found in
section 1798.55 of the Civil Code, section 502 of the Penal Code, section 2111
of the Unemployment Insurance Code, section 10650 of the Welfare and
Institutions Code and other applicable local, State and federal laws.
c). 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.
d; 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.
C;. If the Subgrantor or Subgrantee enters into an agreement with a third
party to provide WIA services, the Subgrantor or Subgrantee agrees to include
these data and security and confidentiality requirements in the agreement with
that third party. In no event shall said information be disclosed to any
individual outside of that third party's authorized staff, subcontractor(s),
service providers, or employees.
f). Each party shall designate an employee who shall be responsible for
overall security and confidentiality of its data and information systems and
each party shall notify the other of any changes in that designation. As of this
date, the following are those individuals:
FOR THE SUBGRANTOR
Name: Steve Saxton
Title: Section Manager
Address: P.O. Box 826880, MIC 69 -1
Sacramento, CA 94280 -0001
Telephone: (916; 654 -6425
Fax: (916) 654 -9586
FOR THE SUBGRANTEE
Name: Ruben Aceves
Title: Workforce Development Manager
Telephone:
Fax: (714) 765 -4342
(714) 765 -4363
23. Signatures
This subgrant agreement is of no force and effect until signed by both of the
parties hereto. Subgrantee will not commence performance prior to the beginning
of this agreement.
Exhibit BB
Page 12 of 12
SUBGRANT NO: R588717
MODIFICATION NO: NEW
EXHIBIT COVER SHEET
SUBGRANT NO: 8588717 EXHIBIT DD
MODIFICATION NO: 00 Page 1 OF 1
SUBGRANTEE: ANAHEIM CITY
FUNDING SOURCE: WIA TITLE I YOUTH FORMULA 301
TERM OF THESE FUNDS: 04/01/2004 TO: 06/30/2006
--------------------------------------
Use of funds added by this modification is limited to this period and
additionally limited by the recapture provisions applicable to this
j funding source. The state may at its discretion recapture funds obligated
j under this exhibit, if expenditure plans are not being met.
---------------------------------------------------------------------------
PROGRAM NARRATIVE
This is to initiate your Program Year 2004/2005 Workforce
Investment Act -Title I Subgrant Agreement by incorporating
the Youth formula funds.
The Local Workforce Investment Area (LWIA) will operate
this program in accordance with the approved Workforce
Investment Plan on file in the Workforce Investment
Division of the Employment Development Department, P.O. Box
826880, MIC 69, Sacramento, CA 94280 -0001.
------------------------------------------
----------- ---------------
_ _ _
This exhibit adds to and does not replace the terms and conditions of any other exhibit j
I included in this agreement which terms and conditions remain in full force and effect.
------------------------------------------------ -- -------------- --- -- ---- -- - - --
WIA (3/2000)
COUNCIL AGENDA REPORT
FOR THE MEETING OF: MAY 11, 2004
TO: CITY MANAGER/REDEVELOPMENT AGENCY
CITY MANAGERMOUSING AUTHORITY
CITY MANAGER/CITY COUNCIL X
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
1. SUBJECT: Adopt a Resolution of the City Council of the City of Anaheim
Approving the Workforce Investment Act Title I Master Subgrant Agreement
Between the City of Anaheim and the State of California for the Term of April 1,
2004 through June 30. 2004
2. REPORT SUMMARY:
3. COUNCIL MEETING REPRESENTATIVE:
CONTRA CT ADMINISTRA TOR:
4. SUPPORT DOCUMENT ATTACHMENTS:
EL.ISA STIPKOVICH 4808
Name Ext.
RUBEN ACEVES 4895
Name Ext.
X AGREEMENT— SUBMIT 3 SIGNED ORIGINALS AND 11 COPIES (5 CMO)
x RESOLUTION — SUBMIT 1 ORIGINAL AND 9 COPIES (3 CMO)
ORDINANACE — SUBMIT 1 ORIGINAL AND 9 COPIES (3 CMO)
OFFICE OF THE CITY CLERK
CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
(714) 765 -5166
TO: LISA HUGHES
CITY MANAGER'S OFFICE
ATTACHED IS YOUR COPY OF:
Workforce Investment Act Title I Master Subgrant Agreement
This copy is being sent to you for your convenience and information. The record copy is on file in the City Clerk's
Office. Our File Reference No. is shown below, should you need to further access this record in the future.
a FROM THE CITY COUNCIL MEETING HELD: May 11, 2004
F7 FROM THE CITY MANAGER'S DATED:
FI PLEASE NOTE THAT:
PLEASE HAVE THIS DOCUMENT: Signed by David M. Morgan
a COPIES HAVE ALSO BEEN FORWARDED THIS DATE TO:
Accounting
Contract Administrator:
SPECIAL INSTRUCTIONS: Please return the original tome for further processing Thank you
Arlette Castro x5677 #217
FILE REFERENCE
CAL
DATE OF TRANSMITTAL
CC 05/11/2004 A36 May 12, 2004
CLK -1 Rev.2 /03
OFFICE OF THE CITY CLERK
CITY OF ANAHEIM
200 South Anaheim Boulevard
Anaheim, California 92805
(714) 765 -5166
TO: ANITA WHITING
COMMUNITY DEVELOPMENT
ATTACHED IS YOUR COPY OF:
Workforce Investment Act Title I Master Subgrant Agreement
This copy is being sent to you for your convenience and information. The record copy is on file in the City Clerk's
Office. Our File Reference No. is shown below, should you need to further access this record in the future.
Fx7 FROM THE CITY COUNCIL MEETING HELD: M ay 11, 2004
a FROM THE CITY MANAGER'S DATED:
PLEASE NOTE THAT:
a PLEASE HAVE THIS DOCUMENT: Signed by Bill Burke (EDD)
a COPIES HAVE ALSO BEEN FORWARDED THIS DATE TO:
Accounting
Contract Administrator:
SPECIAL INSTRUCTIONS: Please return the original to me for further processing Thank you
Arlette Castro x5677 #217
FILE REFERENCE
CAL
CC 05/11/2004 A36
DATE OF TRANSMITTAL
May 2004
l3
CLK -1 Rev.2 /03