Rev. 9/8/16 L. Geary
Rev 8/22/16 M Fields- *All employees must be employed at least 6 months prior to the signing of the agreement.
SECTION 6: COLLECTIVE BARGAINING (IF APPLICABLE)
A. The CONTRACTOR shall ensure that no activities, work or training under this Contract are in conflict with the terms and
conditions of an existing collective bargaining agreement or contract for services. The CONTRACTOR further ensures that nothing
under this Contract shall impair any aspect of an existing collective bargaining agreement, except that no program funded by WIOA
which would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written
concurrence of the CONTRACTOR and the affected labor organization.
B. No funds received from this Contract shall be used to either promote or oppose unionization.
SECTION 7: WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014
Workforce Innovation and Opportunity Act of 2014 (WIOA): Sec. 181 (d) Relocation. (1) Prohibition on use of funds to encourage or induce
relocation. No funds provided under this title shall be used, or proposed for use, to encourage or induce the relocation of a business or part of a
business if such relocation would result in a loss of employment for any employee of such business at the original location and such original
location is within the United States. (2) Prohibition on use of funds for customized or skill training and related activities after relocation. No funds
provided under this title for an employment and training activity shall be used for customized or skill training, on- the-job training, or
company-specific assessments of job applicants or employees, for any business or part of a business that has relocated, until the date that is
120 days after the date on which such business commences operations at the new location, if the relocation of such business or part of a
business results in a loss of employment for any employee of such business at the original location and such original location is within the
United States.
SECTION 8: EEO/AFFIRMATIVE ACTION
As a condition to the award of financial assistance from the Department of Labor under 29CFR37.20 Title I of WIOA, the CONTRACTOR
assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following:
Section 138 of the Workforce Innovation and Opportunity Act of 2014 (WIOA), which prohibits discrimination against all individuals
in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against
beneficiaries on the basis of either citizenship status as a lawfully admitted immigrant authorized to work in the United States or
participation in any WIOA Title I financially assisted program or activity.
Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin:
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with
disabilities:
The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age and
Title IX of the Education Amendments of 1972 as amended, which prohibits discrimination on the basis of sex in educational
programs.
The CONTRACTOR also assures that it will comply with 20 CFR part 37 and all other regulations implementing the laws listed above. This
issuance applies to the CONTRACTOR’s operation of the WIOA Title I financially-assisted program or activity, and to all agreements the
CONTRACTOR makes to carry out the WIOA Title I financially assisted program or activity. The CONTRACTOR understands that the
United States has the right to seek judicial enforcement of this assurance.
OMJ-Allen County has the responsibility to implement the Affirmative Action Plan and to be in compliance with requirements of Federal
law.
OMJ-Allen County must receive written notification from sub-contractors (as evidenced by your signature on this Pre-Award Survey that they
are aware of OMJ-Allen County’s Affirmative Action Program and the service goals they are striving to attain in the furtherance of the overall
program.
SECTION 9: RETENTION OF RECORDS
The CONTRACTOR shall retain all records pertaining to this program for a period of six (6) years. These records include, but are not limited
to, financial, statistical, property, and participant records, and supporting documentation. Records for nonexpendable property shall be
retained for whichever period is longer, six (6) or three (3) years after final disposition of the property. The aforementioned records will be
retained beyond the six (6) year period if any litigation is begun and audit has not been completed, or if a claim is instituted involving the
contractual agreement covered by the records. In these instances, the records will be retained until the litigation, audit, or claim has been
resolved. The six (6) year retention period for individual participant records will begin upon the date the participant is terminated from
WIOA.
SECTION 10: CONFIDENTIALITY OF INFORMATION
To the extent feasible and permissible by law, the OMJ-Allen County and its sub-grantee(s) (OMJ-Allen County) will honor an applicant’s
request that confidential information submitted to OMJ-Allen County will remain confidential. OMJ-Allen County will treat the information
as confidential only if: (1) the information is, in fact, protected confidential information such as trade secrets or privileged or confidential