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Page 5 of 7 <br />City of Santa Ana <br />20-HCFC-00019 <br />7. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of <br />Contractor, In the performance of this Agreement, shall act in an independent <br />capacity and not as officers or employees or agents of the State. <br />S. RECYCLING CERTIFICATION: The Contractor shall certify in writing under <br />penalty of perjury, the minimum, if not exact, percentage of post -consumer <br />material as defined in the Public Contract Code Section 12200, in products, <br />materials, goods, or supplies offered or sold to the State regardless of whether <br />the product meets the requirements of Public Contract Code Section 12209. With <br />respect to printer or duplication cartridges that comply with the requirements of <br />Section 12156(e), the certification required by this subdivision shall specify that <br />the cartridges so comply (Pub. Contract Code §12205). <br />9. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, <br />Contractor and its subcontractors shall not deny the contract's benefits to any <br />person on the basis of race, religious creed, color, national origin, ancestry, <br />physical disability, mental disability, medical condition, genetic information, <br />marital status, sex, gender, gender identity, gender expression, age, sexual <br />orientation, or military and veteran status, nor shall they discriminate unlawfully <br />against any employee or applicant for employment because of race, religious <br />creed, color, national origin, ancestry, physical disability, mental disability, <br />medical condition, genetic information, marital status, sex, gender, gender <br />identity, gender expression, age, sexual orientation, or military and veteran <br />status. Contractor shall Insure that the evaluation and treatment of employees <br />and applicants for employment are free of such discrimination. Contractor and <br />subcontractors shall comply with the provisions of the Fair Employment and <br />Housing Act (Gov. Code §12900 at seq.), the regulations promulgated <br />thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, <br />Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code <br />§§11135-11139.5). and the regulations or standards adopted by the awarding <br />state agency to implement such article. Contractor shall permit access by <br />representatives of the Department of Fair Employment and Housing and the <br />awarding state agency upon reasonable notice at arty time during the normal <br />business hours, but in no case less than 24 hours' notice, to such -of its books, <br />records, accounts, and all other sources of information and its facilities as said <br />Department or Agency shall require to ascertain compliance with this clause. <br />Contractor and its subcontractors shall give written notice of their obligations <br />under this clause to labor organizations with which they have a collective <br />bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) <br />Contractor shall include the nondiscrimination and compliance provisions of this clause <br />In all subcontracts to perform work under the Agreement. <br />10. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES <br />contained in the document CCC 04/2017 are hereby incorporated by reference <br />and made a part of this Agreement by this. reference as if attached hereto. <br />Initiols:J <br />