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WIA SUBGRANT AGREEMENT <br />Subgrantee: SANTA ANA WORK CENTER Exhibit BB <br />Page 3 of 14 <br />SUBGRANI NO: K282505 <br />MODIFICATION NO: NEW <br />than procurement related to a public works contract, declare under penalty of perjury that <br />no apparel, garments or corresponding accessories, equipment, or supplies furnished to the <br />state pursuant to the contract have been laundered or produced in whole or in part by <br />sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, <br />abusive forms of child labor or exploitation of children in sweatshop labor, or with the <br />benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal <br />sanction, abusive forms of child labor or exploitation of children in sweatshop labor. <br />The Subgrantee further declares under penalty of perjury that they adhere to the <br />Sweatfree Code of Conduct as set forth on the California Department of Industrial <br />Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. <br />2). The Subgrantee agrees to cooperate fully in providing reasonable access to the subgrantees' <br />records, documents, agents or employees, or premises if reasonably required by authorized <br />officials of the Subgrantor, the Department of Industrial Relations, or the Department of <br />Justice to determine the subgrantees' compliance with the requirements under paragraph a of <br />the Sweatfree Code of Conduct. <br />1). Unenforceable Provision: In the event that any provision of this subgrant agreement is <br />unenforceable or held to be unenforceable, then the parties agree that all other provisions <br />of this subgrant agreement have force and 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 <br />of the Civil Rights Act of 1964, and the Rules and Regulations promulgated there under <br />and the provisions of WIA, Section 188. <br />(a). As a condition to the award of financial assistance from the Department of Labor <br />under Title I of WIA, the grant applicant assures that it will comply fully with <br />the nondiscrimination and equal opportunity provisions of the following laws: <br />Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits <br />discrimination against all individuals in the United States on the basis of <br />race, color, religion, sex, national origin, age, disability, political affiliation <br />or belief, and against beneficiaries on the basis of either citizenship/status as <br />a lawfully admitted immigrant authorized to work in the United States or <br />participation in any WIA Title I - financially assisted program or activity; <br />Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination <br />on the basis of race, color, and national origin; <br />Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits <br />discrimination against qualified individuals with disabilities; <br />The Age Discrimination Act of 1975, as amended, which prohibits discrimination <br />on the basis of age; and <br />Title IX of the Education Amendments of 1972, as amended, which prohibits <br />discrimination on the basis of sex in educational programs. <br />The grant applicant also assures that it will comply with 29 CPR part 37 <br />and all other regulations implementing the laws listed above. This assurance <br />applies to the grant applicant's operation of the WIA Title I-financially assisted <br />program or activity, and to all agreements that grant applicant makes to carry <br />out the WIA Title I-financially assisted program or activity. The grant <br />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 <br />this clause in all subcontracts to perform work under the subgrant agreement. <br />(c). This Subgrantee agrees to conform to nondiscrimination provisions of the WIA and <br />other federal nondiscrimination requirements referenced in 29 CFR, Part 37. <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 <br />agrees to indemnify and hold the other party harmless from all liability for damage to <br />persons or property arising out of or resulting from acts or omissions of the indemnifying <br />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 <br />harmless the Subgrantor, its officers, agents and employees from any and all claims and