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WIA SUBGRANT AGREEMENT
<br />Subgrantee: SANTA ANA WORK CENTER Exhibit BB
<br />Page 4 of 14
<br />SUBGRANT N0: K491039
<br />MODIFICATION NO: NEW
<br />losses accruing or resulting to any and all contractors, subcontractors, materials
<br />persons, laborers and any other persons, firms or corporations, furnishing or supplying
<br />work, services, materials, or supplies in connection with the performance of this
<br />agreement, and from any and all claims and losses accruing or resulting to ary persons,
<br />firms or corporations which may be injured or damaged by the Subgrantee in ti.e
<br />performance of this subgrant agreement.
<br />Failure to comply with all requirements of the certifications in Section 2 may result :.n
<br />suspension of payment under this subgrant agreement or termination of this subgrant agreement
<br />or both, and the Subgrantee may be ineligible for award of future state subgrant
<br />agreements/contracts if the department determines that any of the following has occurred:
<br />'l) false information on the certifications, or (2) violation of the terms of the
<br />certifications by failing to carry out the requirements as noted above.
<br />o. salary and Bonus Limitations:
<br />In compliance with Public Law 109-234, none of the funds appropriated in Public
<br />Law 109-149 or prior Acts under the heading "Employment and Training" that are available
<br />for expenditure on or after June 15, 2006, shall be used by a recipient or subrecipient
<br />of such funds to pay the salary and bonuses of an individual, either as direct costs or
<br />indirect costs, at a rate in excess of Executive Level II, except as provided for under
<br />section 101 of Public Law 109-149. This limitation shall not apply to vendors providing
<br />goods and services as defined in OMB Circular A-133. Where States are recipients of
<br />such funds, States may establish a lower limit for salaries and bonuses of those
<br />receiving salaries and bonuses from subrecipients of such funds, taking into account
<br />factors including the relative cost-of-living in the States, the compensation levels
<br />for programs involved including Employment and Training Administration programs. See
<br />Training and Employment Guidance Letter number 5-06 for further clarification.
<br />The incurrence of costs and receiving reimbursement for these costs under this a,.aard
<br />certifies that your organization has read the above special condition and is in
<br />compliance.
<br />P). Clean Air and Water Act:
<br />For subgrants in excess of $100,000, compliance with all applicable standards, orders, or
<br />requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 (h}); Section
<br />508 of the Clean Water Act ;33 U.S.C. 1368;, Executive Order 11738, and the U.S.
<br />Environmental Protection Agency regulations i40 CFR 15, revised as of July 1, 1939).
<br />3. Standards of Conduct
<br />The following standards apply to all Subgrantees.
<br />a;. General Assurance: Every reasonable course of action will be taken by the Subgrantee in order
<br />to maintain the integrity of this expenditure of public funds and to avoid favoritism and
<br />questionable or improper conduct. This subgrant agreement will be administered in an
<br />impartial manner, free from efforts to gain personal, financial or political gain.
<br />Subgrantee agrees to conform to the nondiscrimination requirements as referenced in WIA,
<br />Section 188.
<br />b. Avoidance of Conflict of Economic Interest: An executive or employee of the Subgrantee, an
<br />elected official in the area or a member of the Local Board, will not solicit or accept money
<br />or any other. consideration from a third person, for the performance of an act reimbursed in
<br />whole or part by the Subgrantee or Subgrantor: Supplies, materials, equipment or services
<br />purchased with subgrant agreement funds will be used solely for purposes allowed under this
<br />subgrant agreement. No member of the Local Board will cast a vote on the provision of
<br />services 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 of
<br />the member) or any business or organization which the member directly represents.
<br />4. Coord-..nation
<br />Subgrantee will, to the maximum extent feasible, coordinate all programs and activities supported
<br />under this part with other programs under the WIA, including the Wagner-Peyser Act, 'title 38 of
<br />the United States Code, and other employment and training programs at the state and local level.
<br />Subgrantee will consult with the appropriate labor organizations and/or employer representatives
<br />in the design, operation or modification of the programs under this subgrant agreement.
<br />5. Subcontracting
<br />al. Any of the work or services specified in this subgrant agreement whic`: will be performed by
<br />other than by the Subgrantee will be evidenced by a written agreement specifying the terms
<br />and conditions of such performance.
<br />b; 1'he Subgrantee will maintain and adhere to an appropriate system, consistent with federal,
<br />55B-11
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