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both, and the Subrecipient may be ineligible for award of future state subgrant <br />agreements/contracts If the Pass -through Entity determines that any of the following <br />has occurred: (1) false information on the certifications, or (2) violation of <br />the terms of the certifications by failing to carry out the requirements as noted above <br />o). Salary and Bonus Limitations: In compliance with Public Law 109-234, none of the <br />funds appropriated in Public Law 109-149 or prior Acts under the heading <br />"Employment and Training" that are available for expenditure on or after June 15, 2006, <br />shall be used by a recipient or Subrecipent of such funds to pay the salary and bonuses <br />of an individual, either as direct costs or indirect costs, at a rate in excess of <br />Executive Level 11, except as provided for under section 101 of Public Law 109-149. <br />This limitation shall not apply to vendors providing goods and services as defined <br />in Uniform Guidance 2 CFR Part 200, and the DOL Exceptions 2 CFR Part 2900, Where <br />States are recipients of such funds, States may establish a lower limit for salaries <br />and bonuses of those receiving salaries and bonuses from Subrecipients of such funds, <br />taking into account factors including the relative cost -of -living in the States, <br />the compensation levels for programs involved including Employment and Training <br />Administration programs. See Training and Employment Guidance Letter Number 5-06 <br />for further clarification. <br />The incurrence of costs and receiving reimbursement for these costs under this <br />award certifies that your organization has read the above special condition <br />and is in compliance. <br />p). Federal Funding Accountability and Transparency Act (FFATA): As required by the <br />FFATA, recipients of federal awards are required to report sub -award and executive <br />compensation information. By signing this subgrant agreement the Subrecipient hereby <br />assures and certifies to comply with the provisions of FFATA, which includes <br />requirements referenced in Uniform Guidance 2 CFR Part 200, and DOL <br />Exceptions 2 CFR Part 2900. <br />q). AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall <br />not be: (1) in violation of any order or resolution not subject to review promulgated <br />by the State Air Resources Board or an air pollution control district; (2) Subject to <br />cease and desist order not subject to review issued pursuant to California Water Code <br />Section 13301 for violation of waste discharge requirements or discharge prohibitions; <br />or (3) finally determined to be in violation of provisions of federal law relating <br />to air or water pollution. <br />3. Standards of Conduct <br />The following standards apply to all Subrecipients: <br />a). General Assurance: Every reasonable course of action will be taken by the <br />Subrecipient in order to maintain the integrity of this expenditure of public funds <br />and to avoid favoritism and questionable or improper conduct. This subgrant agreement <br />will be administered in an impartial manner, free from efforts to gain personal, <br />financial or political gain. The Subrecipient agrees to conform to the nondiscrimination <br />requirements as referenced in WIOA Section 188. <br />b). Avoidance of Conflict of Economic Interest: An executive or employee of the <br />Subrecipient, an elected official in the area or a member of the Local Board, will not <br />solicit or accept money or any other consideration from a third person, for the <br />performance of an act reimbursed in whole or part by the Subrecipient <br />or Pass -through Entity. Supplies, materials, equipment or services purchased with <br />subgrant agreement funds will be used solely for purposes allowed under this subgrant <br />agreement. No member of the Local Board will cast a vote on the provision of services <br />by that member (or any organization, which that member represents) or vote on any <br />matter which would provide direct financial benefit to that member (or immediate family <br />of the member) or any business or organization which the member directly represents. <br />4, Coordination <br />Subrecipient will, to the maximum extent feasible, coordinate all programs and activities <br />supported under this part with other programs under the WIOA, including the <br />Paq= 8 of 21 <br />