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November 2022 Page 2 of 5 APP-22-045 <br /> City of Santa Ana <br /> <br />• Typically excluded items such as food and beverages. <br />• Advertising costs. <br />• Fines and penalties. <br />• Permit processing fees charged by operator of an online platform. <br />• All other costs not identified as allowable. <br />• Unreasonable amounts or rates. <br /> <br />4. Certification <br /> <br />By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement <br />shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient <br />further certifies that it shall comply with all applicable laws in performing this Agreement. <br /> <br />5. Nondiscrimination Statement of Compliance <br /> <br />During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully <br />discriminate, harass, or allow harassment against any employee or applicant for employment because of <br />sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including <br />HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave. <br />The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees <br />and applicants for employment are free from such discrimination and harassment. <br /> <br />The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and <br />Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated <br />thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of <br />the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set <br />forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into <br />this Agreement by reference and made a part of it as if set forth in full. The Recipient and its <br />subcontractors will give written notice of their obligations under this section to labor organizations with <br />which they have a collective bargaining or other Agreement. <br /> <br />The Recipient shall include the nondiscrimination and compliance provisions of this section in all <br />subcontracts to perform work under this Agreement. <br /> <br />6. Drug-Free Workplace Certification <br /> <br />By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of <br />California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 <br />(Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following <br />actions: <br /> <br />1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, <br />possession, or use of a controlled substance is prohibited, and specifying actions to be taken <br />against employees for violations as required by Government Code Section 8355(a). <br />