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VIA SUBORANT AGREEMENT
<br />Subgrantee: SANTA ANA WORK CENTER Exhibit BB
<br />Page 4 of 14
<br />SOBORANT NO: X594082
<br />MODIFICATION NO: WSW
<br />losses accruing or resulting to any and all contractors, subcontractor,, materials
<br />persons, laborers and any other persons, firms or corporations, furnishing or supplying
<br />work, services, materials, or supp lies in connection with the performance of this
<br />agreement, and from any and all claims and losses accruing or resulting to any persons,
<br />time or corporations which may be injured or damaged by the Subgrantea in the
<br />performance of this subgrant agreement.
<br />Failure to comply with all requirements of the certifications in Section 2 may result in
<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 />agreanenta /contracts it the department determines that any of the following has occurred:
<br />(1) false information on the certifications, or (2) violation, of the terms of the
<br />certifications by failing to carry out the requirements as rated above.
<br />c). Salary and Bonus Limitations:
<br />In compliance with Public taw 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. Tbla limitation shall rat apply to vendors providing
<br />goods and services as defined in o Circular A -133, Where States are recipients of
<br />such funs, States may establish a lower limit for salaries an bonusea of those
<br />receiving salaries end bonuses from subrecipiante of such funds, taking into eecount
<br />factors including the relative cost -of- living in the States, the compensation level,
<br />for programs involved Including Employment and Training Administration programs. Sea
<br />Training an Employment Ouida,ice Letter, number 5 -06 for further clarification.
<br />The incurrence of costs and receiving reimbursement for these coats under this award
<br />certifies that your organization has read the above special condition and is in
<br />compliance.
<br />p). Clean Air an Water Act:
<br />For subgrants in excess of 6100,000, compliance with all applicable standards, orders, or
<br />requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1559 (h)l; Section
<br />568 Of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S.
<br />Environmental Protection Agency regulations (40 CM 15, revised as of July 1, 1989).
<br />3. Standard$ of Conduct
<br />The following standards apply to all Subgraanees.
<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 funs an to avoid favoritism and
<br />questionable or improper conduct. 'Phis 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 me, ra!srenced in NIA,
<br />Section is$.
<br />b). Avoidance of Conflict of Economic interest• An executive or employee of the Subgrantea, an
<br />elected official in the area or a member of the Local Hoard, 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 Subgranter- Supplies, materials, equipment or services
<br />purchased with subgrant agreement funs will be used solely for purposes allowed under this
<br />subgrant agreement. No member of the local Board will cast a vote or. the provision of
<br />services by that member (or any organisation, 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. Coordination.
<br />Subgrantee wtll, to the maxima- extent feasible, coordinate all programs and activities supported
<br />under this part with other programs coder the 9-A, including the Wagner- Payser Act, Title 39 of
<br />the United States Code, and other employment and training proginme at the state and local level.
<br />Eubgrantee will consult with the appropriate labor organizations an /or employer representatives
<br />in the design, operation or modification of the programs under this subgrant agreement.
<br />5. 9ubcoctraeting
<br />ai. Any of the work or services specified in tnia eubgrant agreement whica will be performed by
<br />other than by the S'.'bgrantee will be evidenced by a written agreement specifying the terms
<br />and conditions of such performance.
<br />b;. The Subgrantee will maintain and adhere to a,1 appropriate system, consistent wish federal,
<br />55B -10
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