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WIA SUBGRANT AGREEMENT
<br />Subgrantee: SANTA ANA WORK CENTER Exhibit BB
<br />Page 3 of 14
<br />SUBGRANT NO: K386318
<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 WlA, 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 186 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
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