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WIA SUBGRANT AGREEMENT <br />Subgrantee: SANTA ANA WORK CENTER Exhibit BS <br />Page I of 14 <br />SUBGRANT NO: K282505 <br />MODIFICATION NO: NEW <br />1. Compliance <br />In performance of this subgrant agreement, Subgrantee will fully comply with: <br />a). The provisions of the Workforce Investment Act (WIA) and all regulations, legislation, <br />directives, policies, procedures and amendments issued pursuant thereto. <br />b). All State legislation and regulations to the extent permitted by federal law and all policies, <br />directives and/or procedures, which implement the WIA. <br />c) The provisions of Public Law 107-288, Jobs for Veterans Act, as the law applies to Department <br />of Labor (DOL) job training programs <br />d). Subgrantee will ensure diligence in managing programs under this subgrant agreement, including <br />performing appropriate monitoring activities and taking prompt corrective action against known <br />violations of the WIA. Subgrantee agrees to conform to the provisions of the WIA and the <br />contract requirements as referenced in 29 CPR Part 95, Appendix A and 29 CFR, Part 97.36(1)(1-13). <br />This subgrant agreement contains the entire agreement of the parties and supersedes all <br />negotiations, verbal or otherwise and any other agreement between the parties hereto. This <br />subgrant agreement is not intended to and will not be construed to create the relationship <br />of agent, servant, employee, partnership, joint venture or association between the <br />Subgrantor and the Subgrantee. Subgrantee represents and warrants it is free to enter into <br />and fully perform this subgrant agreement. <br />2. Certification/Assurances <br />Except as otherwise indicated, the following certifications apply to all Subgrantee's. <br />a). Corporate Registration: The Subgrantee, if it is a corporation, certifies it is registered <br />with the Secretary of State of the State of California. <br />b). The Subgrantee agrees to comply with the Americans with Disabilities Act (ADA) of 1990, which, <br />prohibits discrimination on the basis of disability, as well as all applicable regulations and <br />guidelines issued pursuant to ADA. (42 U.S.C.12101 et seg. <br />c). Sectarian Activities: The Subgrantee certifies that this subgrant agreement does not provide <br />for the advancement or aid to any religious sect, church or creed, or sectarian purpose or <br />does it help to support or sustain any school, college, university, hospital or other <br />institution controlled by any religious creed, church, or sectarian denomination whatsoever, <br />as specified by Article XVI, Section 5, of the Constitution, regarding separation of church <br />and state. <br />d). National Labor Relations Board: The Subgrantee (if not a public entity), by signing this <br />subgrant agreement, does swear under penalty of perjury, that no more than one final <br />unappeasable finding of contempt of court by a federal court has been issued against the <br />Subgrantee within the immediately preceding two-year period'because of Subgrantee'. failure <br />to comply with an order of a federal court, which orders the Subgrantee to comply with an <br />order of the National Labor Relations Board (PCC10296). <br />e). Prior Findings: Subgrantee, by signing this subgrant agreement, does swear under penalty of <br />perjury, that it has not failed to satisfy any major condition in a current or previous subgrant <br />agreement with the DOL or the State of California and has not failed to satisfy conditions <br />relating to the resolution of a final finding and determination, including repayment of debts. <br />f). Drug-Free Workplace Certification: By signing this subgrant agreement the Subgrantee hereby <br />certifies under penalty of perjury under the laws of the State of California that the Subgrantee <br />will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a <br />drug-free workplace by taking the following actions: <br />(1). Publish a statement notifying employees that unlawful manufacture, distribution, <br />dispensation, possession, or use of a controlled substance is prohibited and specifying <br />actions to be taken against employees for violations. <br />(2). Establish a Drug-Free Awareness Program as required to inform employees about: <br />- the dangers of drug abuse in the workplace; <br />- the person's or organization's policy of maintaining a drug-free workplace; <br />- any available counseling, rehabilitation and employee assistance programs; and, <br />- penalties that may be imposed upon employees for drug abuse violations. <br />(3). Every employee who works on this subgrant agreement will: <br />- receive a copy of the company's drug-free policy statement; and, <br />agree to abide by the terms of the company's statement as a condition of employment on the <br />subgrant/contract. <br />g). Child Support Compliance Act: In accordance with the Child Support Compliance Act, the