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WIA S[P3GRANT AGREEMENT Exhibit BB
<br />Subgrantee: SANTA ANA WORK CENTER Page 3 of 14
<br />SUBGRANT NO: R865469
<br />MODIFICATION N0: NEW
<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
<br />of aid under welfare and Institutions Section Code 21200 in accordance with Public Contract
<br />Code 10353.
<br />n). 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
<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 childrer. in sweatshop labor, or with the
<br />benefit of sweatshop labor, forced labor, convict labor, indentured labor undez 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 />o). 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 greement have force and effect and shall not be affected hereby.
<br />pj Nondiscriminatior, Clause
<br />1). The conduct of the parties to-this subgranc 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 W1A, Section 166. In addition:
<br />(a). During the performance of this subgrant agreement, Subgrantee and Subcontractors
<br />shall not unlawfully discriminate, harass or allow harassment, against any employee
<br />or applicant for employmen*_ because of sex, race, color, ancestry, religious creed,
<br />national origin, physical disability (including HIV and AIDS), mental disability,
<br />medical condition (cancer), age (over 40), marital status, pregnancy disability and
<br />denial of family care leave. Subgrantees and Subcontractors shall insure that the
<br />evaluation and treatment of their employees and applicants foz employment are free
<br />from such discrimination and harassment. Subgrantee and Subcontractor shall comply with
<br />the provisions of the Fair Employment and Housing Act (Government Code, Section 1290D
<br />g-f, et seq.) and the applicable regulations promulgated there under (California Code of
<br />Regulations, Title 2, and Section 7265. et seq.). The applicable regulations of the
<br />Fair Employment and Housing Commission implementing Government Code, Section 22990(a-f),
<br />set forth in Chapter 5, Division 4 of Title 2 of the California Code of Regulations are
<br />incorporated into this subgrant agreement or its subcontractors shall give written
<br />notice of their obligations under this clause to labor organizations with which they
<br />have a collective bargaining or other agreement.
<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 />q). 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
<br />losses accruing or resulting to any and all contractors, subcontractors, materials
<br />persons, laborers and any other persons, firms or corporations, furnishing or supplying
<br />work, services, materials, or supplies in connection with the performance of this
<br />agreement, and from any and all claims and losses accruing or resulting to any persons,
<br />firms or corporations which may be injured or damaoed by the Subgrantee in the
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