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layoff from the same or any substantially equivalent job, or (2) the employer has <br />terminated the employment with the intention of filling the vacancy so created by hiring a <br />participant whose wages are subsidized under this Agreement. <br />d. No jobs shall be created in a promotional line that will infringe in any way upon the <br />promotional opportunities of currently employed individuals. <br />5. Any funds received by agencies or individuals may not be used to assist, promote, or deter <br />unionization. <br />6. No funds provided under WIA may be used for contributions on behalf of any participant to <br />retirement systems or plans. <br />7. No person or organization may charge an individual a fee for the placement or referral of <br />Such individual in or to a training program funded under this WIA. <br />Davis Bacon wages shall be paid to participants employed as laborers or mechanics by <br />contractors, or Contractors, when working in construction which is assisted under the Act <br />and which is related to a building used for WIA programs. <br />9. Funds provided under this Act shall only be used for activities that are in addition to those <br />which would otherwise be available in the absence of such funds. <br />10. No funds shall be used for the encouragement or inducement of a business, or part of a <br />business, to relocate from any location in the United States, if the relocation results in any <br />employee losing his or her job at the original location or to assist in relocating <br />establishments, or part of a business that has relocated from any location in the United <br />States, until the company has operated at that location for 120 days, if the relocation has <br />resulted in any employee losing his or her jobs at the original location. <br />11. Funds provided under this Act shall not be used to duplicate facilities or services available <br />in the area (with or without reimbursement) from Federal, State, or local sources, unless, it <br />is demonstrated that alternative services or facilities would be more effective or likely to <br />achieve the workforce investment area's performance goals. <br />12. No funds shall be used for employment generating activities. <br />13. Incumbent Employee: No funds shall used on wages of incumbent employees during their <br />participation in economic development activities provided through a Statewide workforce <br />investment system, (WIA sec 181(b)(1)). <br />UNDERSTANDINGS <br />A. Contractor understands that this Agreement is a cost reimbursement contract. <br />B. Contractor agrees that job development for participants accepted into training <br />program shall be a primary responsibility of Contractor, including job solicitation and <br />job creation. <br />C. Contractor understands that once a participant is enrolled and costs have been <br />incurred, responsibility for participants' training and placement is assumed. <br />42 <br />20D-44