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Suhgrantee:SANTA ANA WORKFORCE INV BOARD Subgrant No;X69B353 <br />Modification Not New <br />WIOA SUBGRANT AGREEMENT <br />1. Conpliance <br />In performance of this subgrant agreement, Subgrantee will fully comply with: <br />a) . The provisions of the Wor:cforce Innovation and Opportunity Act (WIOA) , the Office of Management and <br />Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal <br />Awards; Final Rule at 2 Code of Federal Regulations (CFR) Chapter I and Chapter II, Part 200, et a1 (here <br />after referred to as Uniform Guidance 2 CPR Part 200) and the Department of Labor's (DOL) exceptions at 2 <br />CPR Chapter II, Part 2900, at al. (here after referred to as DOL Exceptions 2 CFR Part 2900) and all <br />regulations, legislation, directives, policies, procedures and amendments issued pursuant thereto. <br />b). Al' State legislation and regulations to the extent permitted by federal law and all policies, <br />directives and /or procedures, which implement the WIOA, <br />c). The provisions of Public Law 107 -288, Jobe for veterans Act, as the law applies to DOL job training <br />programs. <br />d) . Subgrantee will ensure diligence in managing programs under this subgrant agreement, including <br />performing appropriate monitoring activities and taking prompt corrective action against known violations <br />of the WIOA. Subgrantee agrees to conform to the provisions of the WIOA and the contract requirements as <br />referenced in Uniform Guidance 2 CFR Part 200, Appendix II, and DOL Exceptions 2 CFR Part 2900, Appendix <br />II to Part 200. <br />This subgrant agreement contains the entire agreement of the parties and supersedes all negotiations, <br />verbal or otherwise and any other agreement between the parties hereto. This subgrant agreement is not <br />intended to and will not be construed to create the relationship of agent, servant, employee, <br />partnership, joint venture or association between the 'pass-through- entity and the Subgrantee, <br />Subgrantee represents and warrants it is free to enter into and fully perform this subgrant agreement. <br />2. certification / Assurances <br />Except as otherwise indicated, the following certifications apply to all Subgrantee's. <br />a). Corporate Registration; The Subgrantee, if it is a corporation, certifies it is registered with the <br />Secretary of State of the State of California. <br />b). The Subgrantee agrees to comply with the Americana with Disabilities Act (ADA) of 1990, which, <br />prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines <br />issued pursuant to ADA. 142 D.S.C.12101 at sag). <br />c). Sectarian Activities: The Subgrantee certifies that this subgrant agreement does not provide for the <br />advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to <br />support or sustain any school, col_ege, university, hompital or other institution controlled by any <br />relicieus creed, church, or sectarian denomination whatsoever, as specified by Article XV1, Section 5, of <br />the Constitution, regarding separation of church and state. <br />d). National Labor Relations Board: The Subgrantee (if not a public entity), by signing this subgrant <br />agreement, does swear under penalty of perjury, that no more than one final unappeasable finding of <br />contempt of court by a federal court has been issued against the Subgrantee within the immediately <br />preceding two -year period because of Subgrantee's failure to comply with an order of a federal court, <br />which orders the Subgrantee to comply with an order of the National Labor Relations Board (PCC10296). <br />e). Prior Findings: Subgrantee, by signing this subgrant agreement, does swear under penalty of perjury, <br />that it has not failed to satisfy any major condition in a current or previous subgrant agreement with <br />the DOL or the State of California and has not failed <br />to satisfy conditions relating to the resolution of a final finding and determination, including <br />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 the Subgrantee will <br />comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free <br />workplace by taking the fallowing actions: <br />(1) . Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, <br />possession, or use of a controlled substance is prohibited and specifying actions to be taken against <br />employees for violations. <br />(2). 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; and, <br />- penalties that may be imposed upon employees for drug abuse violations. <br />(3). Fvery 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 <br />of employment on the eubgrant /contract. <br />g). Child Support Compliance Act: In accordance with the Child Support Compliance Act, the Subgrantee <br />recognizes and acknowledges: <br />ll). The importance of child and family support obligations and shall fully comply with applicable state <br />and federal laws relating to child and family support enforcement, including, but not limited to, <br />disclosure of information and compliance with earnings assignment orders, as provided in Chapter a <br />Page 4 of 13 <br />55F -9 <br />