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ii. imputed to the authorized agent or subrecipient using the standards and
<br />due process for imputing the conduct of an individual to an organization
<br />providod in 2 CFR Part 180, "OMB Guidelines to Agencies on
<br />Government wide Department and Suspension (Non-procurement)," as
<br />implemented by DIIS/FEMA at 2 CFR, Part 3000.
<br />And further understands that subgrantees and subrecipients must:
<br />f. Inform Cal EMA immediately of any information received from any source
<br />alleging a violation of a prohibition in paragraph 35 subsection a, b, or c;
<br />y F EMA's right to terminate unilaterally as described in paragraph 35 implements
<br />section 106(8) of the Trafficking Victims Protection Act (TVPA) of 2000, as
<br />amended (22 USC 7104(1;)), The right of FEMA and Cal EMA to terminate this
<br />award unilaterally is in addition to all other remedies for noncompliance that arc
<br />available under this award.
<br />h. For purposes of this term:
<br />"Employee" means either:
<br />i. an individual employed by the subgrantee or subrecipient who is
<br />engaged in the performance of the project or program under this award; or
<br />ii. another person engaged in the performance of the project or program
<br />under this award and not compensated by the subgraniee or subrccipient,
<br />including, but not limited to, a voluntcer or individual whose services are
<br />contributed by a third party as an in-kind contribution toward cost sharing
<br />or matching requirements.
<br />ii. "Forced labor" means labor obtained by any of the following methods:
<br />the recruitment, harboring, transportation, provision, or obtaining of a
<br />person for labor or services, through the use of force, fraud, or coercion for
<br />the purpose of subjection to involuntary servitude, peonage, debt bondage
<br />or slavery.
<br />iii. "Private entity" means any entity other than a state, local government,
<br />Indian Tribe, or foreign public entity, as those terms are defined in 2 CFR
<br />175.25, and includes non-profit organizations, including any non-profit
<br />institution of higher education, hospital, or tribal organization other than
<br />one included in the definition of Indian Tribe at 2 CFR 175.25(b), and for-
<br />profit organizations,
<br />iv. "Severe farms of trafficking in persons, "'commercial sex act," and
<br />"coercion" have the meanings given at section 103 of the TVPA, as
<br />amended (22 USC 7102).
<br />37. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-
<br />544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling. and treatment of
<br />warm blooded animals held for research, teaching, or other activities supported by this
<br />award of assistance.
<br />38. Will comply with the minimum wage and maximum hour provisions of the Federal Fair
<br />Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher
<br />education, hospitals, and other non-profit organizations.
<br />39. Agrees that "Classified national security information," as defined in Executive Order
<br />(EO) 12958, as amended, means information that has been determined pursuant to EO
<br />12958 or any predecessor order to require protection against unauthorized disclosure and is
<br />markcd to indicate its classified status when in documentary form.
<br />40. Agrees that no funding under this award shall be used to support a contract, subaNard,
<br />or other agreement for goods or services that will include access to classified natiomd
<br />security information if the award rcripient has not been approved for and has access to
<br />such information.
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