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MOU No.: M-025-18
<br />SCAG ProjectIMP No.: 225-3564J2.11
<br />Exhibit E
<br />Fair Employment Practices Addendum
<br />In the performance of this Agreement, the City of Santa Ana ("CITY") will not discriminate against
<br />any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or
<br />national origin, physical disability, medical condition, marital status, political affiliation, family and
<br />medical care leave, pregnancy leave, or disability leave. CITY will take affirmative action to ensure
<br />that employees are treated during employment without regard to their race, sex, sexual orientation,
<br />color, religion, ancestry, or national origin, physical disability, medical condition, marital status,
<br />political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action
<br />shall include, but not be limited to, the following: employment; upgrading; demotion or transfer;
<br />recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
<br />compensation; and selection for training, including apprenticeship. CITY shall post in conspicuous
<br />places, available to employees for employment, notices to be provided by SCAG setting forth the
<br />provisions of this Fair Employment section if requested by CITY.
<br />2. CITY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair
<br />Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable
<br />regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.).
<br />The applicable regulations of the Fair Employment and Housing Commission implementing
<br />Government Code, Section 12900(a-0, set forth in Chapter 5 of Division 4 of Title 2 of the
<br />California Code of Regulations are incorporated into this MOU by reference and made a part hereof
<br />as if set forth in full. Each of the CITY's contractors and all subcontractors shall give written notice
<br />of their obligations under this clause to labor organizations with which they have a collective
<br />bargaining or other agreements, as appropriate.
<br />3. CITY shall include the nondiscrimination and compliance provisions of this clause in all contracts
<br />and subcontracts to perform work under this MOU.
<br />4. CITY will permit access to the records of employment, employment advertisements, application
<br />forms, and other pertinent data and records by SCAG, the State Fair Employment and Housing
<br />Commission, or any other agency of the State of California designated by SCAG, for the purposes of
<br />investigation to ascertain compliance with the Fair Employment section of this MOU.
<br />5. Remedies for Willful Violation:
<br />a) SCAG may determine a willful violation of the Fair Employment provision to have occurred upon
<br />receipt of a final judgment to that effect from a court in an action to which CITY was a party, or
<br />upon receipt of a written notice from the Fair Employment and Housing Commission that it has
<br />investigated and determined that CITY has violated the Fair Employment Practices Act and had
<br />issued an order under Labor Code Section 1426 which has become final or has obtained an
<br />injunction under Labor Code Section 1429.
<br />b) For willful violation of this Fair Employment Provision, SCAG shall have the right to terminate this
<br />MOU either in whole or in part, and any loss or damage sustained by SCAG in securing the goods or
<br />services thereunder shall be borne and paid for by CITY and by the surety under the performance
<br />bond, if any, and SCAG may deduct from any moneys due or thereafter may become due to CITY,
<br />the difference between the price named in the MOU and the actual cost thereof to SCAG to cure
<br />CITY's breach of this MOU.
<br />February 26, 2019
<br />Page 22
<br />25C-24
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