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WIA SUBGRANT AGREEMENT
<br />Subgran :ee: SANTA ANA WORK CENTER Exhibit BB
<br />Page 1 of 14
<br />SUBGRANT NO: K491039
<br />MODI'r ICATION 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 />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 />dS 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 CFR Part 9S, Appendix A and 29 CFR, Part 97.36 ;i ;1-1"s;.
<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 />a1. Corporate Registration: The Subgrantee, if it is a corporation, certifies '_t 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. seq.
<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 nor
<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 wl atsoever,
<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 ;;f 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's 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 />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 file 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 />Publish a statement notifying employees that unlawful manufacture, distribution,
<br />dispensation, possession, or use of a controlled substance is prohibited arid qpeci`yinq
<br />actions to be taken against. employees for violations.
<br />i2. 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; arid,
<br />penalties that may be imposed upon employees for drug abuse violations.
<br />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
<br />55B-8
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