|
(commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and that to the best of its
<br />knowledge is fully complying with the earnings assignment orders of all employees and is providing the
<br />names of all new employees to the
<br />New Employee Registry maintained by the California Employment Development Department (EDD).
<br />h). Debarment and Suspension 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 regulations implementing Executive Order 12549, Debarment and Suspension, Uniform Guidance 2
<br />CFA Part 200, Appendix I that the prospective participant (i.e., grantee), to the best of its knowledge
<br />and belief, that it and its principals:
<br />(1). Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
<br />excluded from covered transactions by any federal department or agency.
<br />(2). Have not within a three-year period preceding this subgrant agreement been convicted of or had a
<br />civil judgement rendered against them for commission of fraud or a criminal offense in connection with
<br />obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
<br />under a public transaction, violation of federal or state antitrust statutes, or commission of
<br />embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements,
<br />or receiving stolen property.
<br />(3). Are not presently indicted for or otherwise criminally or civilly charged by a government entity
<br />(federal, state or local) with commission of any of the offenses enumerated in Section 2 of this
<br />certification.
<br />(4). Have not within a three-year period preceding this subgrant agreement had one or more public
<br />transactions (federal, state or local) terminated for cause of default.
<br />Where the Subgrantee is unable to certify to any of the statements in this certification, such
<br />prospective participant shall attach an explanation to this agreement.
<br />i). Lobbying Restrictions: By signing this subgrant agreement the Subgrantee hereby assures and certifies
<br />to the lobbying restrictions which are codified in the DOL regulations at Uniform Guidance 2 CFR Part 200
<br />and DOL Exceptions 2 CFR 2900.
<br />(1). No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for
<br />influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
<br />officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal
<br />contract, grant loan, or cooperative agreement, and the extension, continuation, renewal, amendment, or
<br />modification of any federal contract, grant, loan, or cooperative agreement.
<br />(2). If any funds other than federal appropriated funds have been paid or will be paid to any person for
<br />influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and
<br />officer or employee of Congress, or an employee of a Member of Congress, in connection with this subgrant
<br />agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
<br />Lobbying" in accordance with its instructions.
<br />(3). The undersigned shall require that the language of the lobbying restrictions be included in the
<br />award documents for subgrant agreement transactions over $100,000 (per OMB) at all tiers (including
<br />subgrant agreements, contracts and subcontracts, under grants, loan, or cooperative agreements), and that
<br />all subrecipients shall certify and disclose accordingly.
<br />(4). This certification is a material representation of fact upon which reliance is placed when this
<br />transaction is executed. Submission of the Lobbying
<br />Certification is a prerequisite for making or entering into this transaction imposed by Section 1352,
<br />Title 31, and U.S. Code. Any person who fails to file the required certification shall be subject to a
<br />civil penalty of not less than $10,000 and not more than $100,000 for each failure.
<br />J). Priority Hiring Considerations:
<br />If this subgrant includes services in excess of $200,000, the Subgrantee shall give priority
<br />consideration in filling vacancies in positions funded by the subgrant to qualified recipients of aid
<br />under Welfare and Institutions Section Code 11200 in accordance with Public Contract Code § 10353.
<br />k). Sweatfree Code of Conduct:
<br />(1). All Subgrantees contracting for the procurement or laundering of apparel, garments or
<br />corresponding accessories, or the procurement of equipment, materials, or supplies, other than
<br />procurement related to a public works contract, declare under penalty of perjury that no apparel,
<br />garments or corresponding accessories, equipment, or supplies furnished to the state pursuant to the
<br />contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict
<br />labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in
<br />sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor
<br />under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The
<br />Subgrantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as
<br />set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and
<br />Public Contract Code Section 6108.
<br />(2). The Subgrantee agrees to cooperate fully in providing reasonable access to the subgrantees' records,
<br />documents, agents or employees, or premises if reasonably required by authorized officials of the "pass-
<br />through" entity, the Department of Industrial Relations, or the Department of Justice to determine the
<br />subgrantees' compliance with the requirements under paragraph a of the Sweatfree Code of Conduct.
<br />1). Unenforceable Provision:
<br />In the event that any provision of this subgrant agreement is unenforceable or held to be
<br />unenforceable, then the parties agree that all other provisions of this subgrant agreement have force and
<br />effect and shall not be affected hereby.
<br />M). Nondiscrimination Clause:
<br />(1). The conduct of the parties to this subgrant agreement will be in accordance with Title VI of the
<br />Civil Rights Act of 1964, and the Rules and Regulations promulgated there under and the provisions of
<br />WIOA, Section 188.
<br />(a). As a condition to the award of financial assistance from the Department of Labor under Title I of
<br />WIOA, the grant applicant assures that it will comply fully with the nondiscrimination and equal
<br />opportunity provisions of the following laws:
<br />Section 188 of the WIOA, which prohibits discrimination against all individuals in the United States on
<br />the basis of race, color, religion, sex, national origin, age disability, political affiliation or
<br />belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted
<br />immigrant authorized to work in the United States or participation in any WIOA Title I - financially
<br />Page 5 of 13
<br />
|