Laserfiche WebLink
Grant Agreement No. 4600011889 <br />Page 24 of 32 <br />Grantee's knowledge of the claim. State and Grantee shall then attempt to negotiate a <br />resolution of such claim and process an amendment to the Grant Agreement to implement <br />the terms of any such resolution. <br />D.28) NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its <br />contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment <br />against any employee or applicant for employment because of sex (gender), sexual <br />orientation, race, color, ancestry, religion, creed, national origin (including language use <br />restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical <br />condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medial <br />and family care leave or pregnancy disability leave. Grantee and its contractors or <br />subcontractors shall ensure that the evaluation and treatment of their employees and <br />applicants for employment are free from such discrimination and harassment. Grantee and its <br />contractors or subcontractors shall comply with the provisions of the Fair Employment and <br />Housing Act (Government Code § 12990 (a-f) of seq.) and the applicable regulations <br />promulgated there under (California Code of Regulations, Title 2, §7285 etseq.). The <br />applicable regulations of the Fair Employment and Housing Commission implementing <br />Government Code § 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California <br />Code of Regulations, are incorporated into this Agreement by reference and made a part <br />hereof as if set forth in full. Grantee and its contractors or subcontractors shall give written <br />notice of their obligations under this clause to labor organizations with which they have a <br />collective bargaining or other agreement. <br />Grantee shall include the nondiscrimination and compliance provisions of this clause in all <br />subcontracts to perform work under the Grant Agreement. <br />D.29) NO DISCRIMINATION AGAINST DOMESTIC PARTNERS: For contracts over $100,000 executed or <br />amended after January 1, 2007, the Grantee certifies by signing this Grant Agreement, under <br />penalty of perjury under the laws of State of California that Grantee is in compliance with <br />Public Contract Code § 10295.3. <br />D.30) OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action <br />to be based upon, judgment, approval, review, or determination of either party hereto, such <br />terms are not intended to be and shall never be construed as permitting such opinion, <br />judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. <br />D.31) PERFORMANCE AND ASSURANCES: Grantee agrees to faithfully and expeditiously perform or <br />cause to be performed all Project work as described in Exhibit A (Work Plan) and to apply <br />State funds received only to Eligible Project Costs in accordance with applicable provisions of <br />the law. <br />D.32) PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of <br />$200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by <br />the Grant Agreement to qualified recipients of aid under Welfare and Institutions Code § 11200 <br />in accordance with Public Contract Code § 10353. <br />D.33) PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not <br />sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any <br />manner whatsoever all or any portion of any real or other property necessarily connected or <br />used in conjunction with the Project, or with Grantee's service of water, without prior <br />permission of State. Grantee shall not take any action, including but not limited to actions <br />relating to user fees, charges, and assessments that could adversely affect the ability of <br />Grantee to meet its obligations under this Grant Agreement, without prior written permission of <br />25C-35 <br />