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assisted program or activity;
<br />Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of
<br />race, calor and national origin;
<br />Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against
<br />qualified individuals with disabilities;
<br />The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and
<br />Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of
<br />sex in educational programs.
<br />The grant applicant also assures that it will comply with Uniform Guidance 2 CFR Part 200, DOL Exceptions
<br />2 CFR Part 2900 and all other regulations implementing the laws listed above. This assurance applies to
<br />the grant applicant -s operation of the WIOA Title I -financially assisted program or activity, and to all
<br />agreements that grant applicant makes to carry out the WIOA Title I -financially assisted program or
<br />activity. The grant applicant understands that the United States has the right to seek judicial
<br />enforcement of this assurance.
<br />(b). This Subgrantee shall include the nondiscrimination and compliance provisions of this clause in all
<br />subcontracts to perform work under the subgrant agreement.
<br />(c). This Subgrantee agrees to conform to nondiscrimination provisions of the WIOA and other federal
<br />nondiscrimination requirements as referenced in WIOA Sec. 188.
<br />n). Indemnification:
<br />(1). The following provision applies only if the Subgrantee is a governmental entity:
<br />Pursuant to the provision of Section 895.4 of the California Government Code, each party agrees to
<br />indemnify and hold the other party harmless from all liability for damage to persons or property arising
<br />out of or resulting from acts or omissions of the indemnifying party.
<br />(2). The following provision applies only if the Subgrantee is a non-governmental entity:
<br />The Subgrantee agrees to the extent permitted by law, to indemnify, defend and save harmless the -pass-
<br />through" entity, its officers, agents and employees from any and all claims and losses accruing or
<br />resulting to any and all contractors, subcontractors, materials persons, laborers and any other persons,
<br />firms or corporations, furnishing or supplying work, services, materials, or supplies in connection with
<br />the performance of this agreement, and from any and all claims and losses accruing or resulting to any
<br />persons, firms or corporations which may be injured or damaged by the Subgrantee in the performance of
<br />this subgrant agreement.
<br />Failure to comply with all requirements of the certifications in Section 2 may result in suspension of
<br />payment under this subgrant agreement or termination of this subgrant agreement or both, and the
<br />Subgrantee may be ineligible for award of future state subgrant agreements/contracts if the department
<br />determines that any of the following has occurred: (1) false information on the certifications, or (2)
<br />violation of the terms of the certifications by failing to carry out the requirements as noted above.
<br />o). Salary and Bonus Limitations: In compliance with Public Law 109-234, none of the funds appropriated
<br />in Public Law 109-149 or prior Acts under the heading "Employment and Training" that are available for
<br />expenditure on or after June 15, 2006, shall be used by a recipient or subrecipent of such funds to pay
<br />the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of
<br />Executive Level II, except as provided for under section 101 of Public Law 109-149. This limitation shall
<br />not apply to vendors providing goods and services as defined in Uniform Guidance 2 CFR Part 200 and the
<br />DOL Exceptions 2 CFR Part 2900.Whea States aze recipients ef such funds, States may establish a lowe�
<br />limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds,
<br />taking into account factors including the relative cost -of -living in the States, the compensation levels
<br />for programs involved including Employment and Training Administration programs. See Training and
<br />Employment Guidance Letter number 5-06 for further clarification.
<br />The incurrence of costs and receiving reimbursement for these costs under this award certifies that your
<br />organization has read the above special condition and is in compliance.
<br />p). Federal Funding Accountability and Transparency Act (FFATA): As required by the FFATA, recipients
<br />of federal awards are required to report sub -award and executive compensation information. By signing
<br />this subgrant agreement the Subgrantee hereby assures and certifies to comply with the provisions of
<br />FFATA, which includes requirements referenced in Uniform Guidance 2 CFR Part 200 and DOL Exceptions 2 CFA
<br />Part 2900.
<br />q). AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation
<br />of any order or resolution not subject to review promulgated by the State Air Resources Board or an air
<br />pollution control district; (2) subject to cease and desist order not subject to review issued pursuant
<br />to Section 13301 of the Water Code for violation of waste discharge requirements or discharge
<br />prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air
<br />or water pollution.
<br />3. Standards of Conduct
<br />The following standards apply to all Subgrantees:
<br />a). General Assurance: Every reasonable course of action will be taken by the Subgrantee in order to
<br />maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or
<br />improper conduct. This subgrant agreement will be administered in an impartial manner, free from efforts
<br />to gain personal, financial or political gain. The Subgrantee agrees to conform to the nondiscrimination
<br />requirements as referenced in WIOA, Section 188.
<br />b). Avoidance of Conflict of Economic Interest: An executive or employee of the Subgrantee, an elected
<br />official in the area or a member of the Local Board, will not solicit or accept money or any other
<br />consideration from a third person, for the performance of an act reimbursed in whole or part by the
<br />Subgrantee or "pass-through" entity: Supplies, materials, equipment or services purchased with subgrant
<br />agreement funds will be used solely for purposes allowed under this subgrant agreement. No member of the
<br />Local Board will cast a vote on the provision of services by that member (or any organization, which that
<br />member represents) or vote on any matter which would provide direct financial benefit to that member (or
<br />immediate family of the member) or any business or organization which the member directly represents.
<br />4. Coordination
<br />Subgrantee will, to the maximum extent feasible, coordinate all programs and activities supported under
<br />this part with other programs under the WIOA, including the Wagner-Peyser Act, Title 38 0£ the United
<br />States Code, and other employment and training programs at the state and local level.
<br />Subgrantee will consult with the appropriate labor organizations and/or employer representatives inthe
<br />design, operation or modification of the programs under this subgrant agreement.
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