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Subgrantee:SANTA ANA WORKFORCE INV BOARD subgrant No:K698383
<br />Modification No: New
<br />WIOA SU13GRANT AGREEMENT
<br />1. Compliance
<br />In performance of this subgrant agreement, Subgrantee will fully comply with:
<br />a). The provisions of the Workforce 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, at al (here
<br />after referred to as Uniform Guidance 2 CFR Part 200) and the Department of Labor's (DOL) exceptions at 2
<br />CFR 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). All 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 107-208, Jobs 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 he 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 />h). 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 guidelines
<br />issued pursuant to ADA. (42 U.S.C.12101 at seq).
<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, college, university, hospital or other institution controlled by any
<br />religious creed, church, or sectarian denomination whatsoever, as specified by Article XVI, 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: Ey 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 following 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). 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
<br />of employment on the subgrant/contract.
<br />g). Child Support Compliance Act: In accordance with the Child Support Compliance Act, the Subgrantee
<br />recognizes and acknowledges:
<br />(1). 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 8
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