55C - RESO - WORKFORCE INVESTMENT ACT

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WIA SUBGRANT AGREEMENT Exhibit BB Subgrantee: SANTA ANA WORK CENTER Page 4 of 14 SUBGRANT NO: R970558 "MODIFICATION NO: NEW losses accruing or resulting to any and all contractors, subcontractors, materials persona, laborers and any other persons, firma or corporations, furnishing or eupplying 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 persona, firms or corporations which may be injured or damaged by the Subgrantee in the performance of this aubgrant agreement. Failure to comply with all requirements of the certifications in Section 2 may result in suspension of payment under this subgrant agreement or termination of this subgrant agreement or both, and the Subgrantee may be ineligible for award of future state aubgrant agreements/contracts if the department determines that any of the following has occurred: (1) false information on the certifications, or (2) violation of the terms of the certifications by failing to carry out the requirements as noted above. o). Salary and Bonus Limitations: In compliance with Public Law 109-234, none of the funds appropriated in Public Law 109-149 or prior Acta under the heading "Employment and Training" that are available for expenditure on or after June 15, 2006, shall be used by a recipient or eubrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costa, at a rate in excess of Executive Level II, except as provided for under section 101 of Public Law 109-149. This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A-133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and_bonuses from subrecipienta of such funds, taking into account factors including the relative coat-of-living in the States, the compensation levels for programs involved including Employment and Training Administration programs. See Training and Employment Guidance Letter number 5-06 for further clarification. The incurrence of costs and receiving reimbursement for these costs under this award certifies that your organization has read the above special condition and is in compliance. p). Clean Air and Water Act: For subgrants in excess of $100,000, compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 {h}); Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR 15, revised as of July 1, 1989). 3. Standards of Conduct The following standards apply to all Subgrantees. a). 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 aubgrant 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 ae referenced ~n WIA, Section 188. b). Avoidance of Conflict of ficonomic 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 aubgrant agreement funds will be used solely for purposes allowed under this subgrant agreement. No member of the Local Board will cast a vote on the provision of services by that member (or any organization, which that member represents) or vote on any matter which would provide direct financial benefit to that member (or immediate family of the member) or any business or organization which the member directly represents. 4. Coordination 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. Subgrantee will consult with the appropriate labor organizations and/or employer representatives in the design, operation or modification of the programs under this aubgrant agreement. 5. Subcontracting a). Any of the work or services specified in this subgrant 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, 55C-9