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D. Contractor understands that SBWIB, Inc. staff are charged with tracking and <br />reporting on compliance and performance of all Agreements to the SBWIB, Inc. <br />and /or designated committees. The staff are required to monitor and provide <br />evaluation information to appropriate persons and committees. Such methods for <br />evaluation may include surveys of participants and employers. <br />E. Contractor understands that this program plan is subject to modification in order to <br />comply with required policies, procedures and /or interpretation of state guidelines. <br />F. Contractor understands that SBWIB, Inc.'s on -site monitoring shall, if applicable, <br />include a review of the financial assistance awards list to find WIA enrollees and to <br />identify possible WIA training fund overpayments in order to recover funds from <br />training institutions that received education assistance program funds on behalf of <br />WIA participants. <br />G. Contractor understands that all costs paid out for a participant who is enrolled <br />without SBWIB, Inc.'s written authorization prior to enrollment who is found to be <br />ineligible, and any costs associated with services provided under this Agreement <br />found to be disallowed in an audit, shall be the sole responsibility of the Contractor. <br />The SBWIB, Inc. will withhold amounts owed the debtor for past services or other <br />considerations already provided in satisfaction of the debt owed, or use any <br />repayment method identified in the SBWIB, Inc.'s debt collection policy. <br />H. The conduct of the parties to this Agreement shall be in accordance with Title VI <br />and VII of the Civil Rights Act of 1964, and the rules and regulations promulgated <br />thereunder. In addition, <br />During the performance of this Agreement, the Contractor shall not deny the <br />said benefits to any person on the basis of religion, color, ethnic group <br />identification, sex, age, physical or mental disability, or political affiliation, nor <br />shall they discriminate unlawfully against any employee or applicant for <br />employment because of race, religion, color, national origin, marital status, <br />age, sex, or political affiliation. Contractor shall insure that the evaluation and <br />treatment of employees and applicants for employment are free of such <br />discrimination. <br />2. Contractor shall include the nondiscrimination and compliance provisions of <br />this clause in all subcontracts to perform work under this agreement. <br />Contractor will administer its programs under the Workforce Investment Act (WIA) in <br />full compliance with safeguards against fraud, abuse and criminal activity as set forth <br />in WIA Directives. Contractor's employees and participants shall be alert to any <br />instances of fraud, abuse, and criminal activity committed by staff or program <br />participants and report all such instances to the SBWIB, INC. within 24 hours of <br />discovery in accordance with requirements and procedures contained in 20 CFR <br />Section 667.630. Contractor shall provide evidence of notification to employees and <br />participants of policies and reporting procedures concerning fraud, abuse and <br />criminal activity. <br />43 <br />20D -45 <br />