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21) NON-DISCRIMINATION AND EQUAL OPPORTUNITY <br />All parties to this MOU certify that they prohibit, and will continue to prohibit, discrimination, <br />and they certify that no person, otherwise qualified, is denied employment, services, or other <br />benefits on the basis of. (i) political or religious opinion or affiliation, marital status, sexual <br />orientation, gender, gender identification and/or expression, race, color, creed, or national origin; <br />(ii) sex or age, except when age or sex constitutes a bona fide occupational qualification; or (iii) <br />the physical or mental disability of a qualified individual with a disability. <br />22) GRIEVANCES AND COMPLAINTS PROCEDURE <br />The AJCC Partner agrees to establish and maintain a procedure for grievance and complaints as <br />outlined in WIOA. The process for handling grievances and complaints is applicable to customers <br />and Partners. These procedures will allow the customer or entity filing the complaint to exhaust <br />every administrative level in receiving a fair and complete hearing and resolution of their <br />grievance. The Partner further agrees to communicate openly and directly to resolve any problems <br />or disputes related to the provision of services in a cooperative manner and at the lowest level of <br />intervention possible. All Partners agree to inform each other immediately when a customer <br />violates an established policy that would require them to be banned from the center or involves <br />police authorities. <br />23) AMERICAN'S WITH DISABILITIES ACT AND AMENDMENTS COMPLIANCE <br />The AJCC Partner agrees to ensure that the policies and procedures as well as the programs and <br />services provided at the AJCC are in compliance with the Americans with Disabilities Act <br />("ADA") and its amendments. Additionally, the SAWDB and the AJCC Partners will ensure that <br />policies and procedures established by the SAWDB and the AJCC Partners are in compliance with <br />the ADA. <br />24) HOLD HARMLESS/INDEMNIFICATION/LIABILITY <br />In accordance with provisions of Section 895.4 of the California Government. Code, each signatory <br />hereby agrees to indemnify, defend and hold harmless all other signatories identified in this MOU <br />from and against any and all claims, demands, damages and costs arising out of or resulting from <br />any negligent acts or omissions which arise from the performance of the obligations by such <br />indemnifying party pursuant to this MOU. In addition, except for Departments of the State of <br />California which cannot provide for indemnification of court costs and attorney's fees under the <br />indemnification policy of the State of California, all signatories to this MOU agree to indemnify, <br />defend and hold harmless each other from and against all court costs and attorney's fees arising <br />out of or resulting from any negligent acts or omissions which arise from the performance of the <br />obligations by such indemnifying party pursuant to this MOU. It is understood and agreed that all <br />indemnity provided herein shall survive the termination of this MOU. <br />25) SEVERABILITY <br />If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU <br />shall remain in force. <br />15 <br />