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Item 23 - Installment Sale Agreement for the Septic to Sewer Island Project
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Item 23 - Installment Sale Agreement for the Septic to Sewer Island Project
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
23
Date
4/4/2023
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City of Santa Ana <br />Agreement No.: D2201000 <br />Project No.: C-06-8478-1 10 <br />Page 29 of 48 <br />status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or <br />military and veteran status. <br />(f) The Recipient, its contractors, and subcontractors must ensure that the evaluation and treatment of <br />their employees and applicants for employment are free from such discrimination and harassment. <br />(g) The Recipient, its contractors, and subcontractors must comply with the provisions of the Fair <br />Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, <br />§12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated <br />into this Agreement by reference and made a part hereof as if set forth in full. <br />(h) The Recipient, its contractors, and subcontractors must comply with all applicable federal civil rights <br />regulations, including statutory and national policy requirements. (2 CFR § 200.300). This includes, to the <br />greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the <br />freedom of persons and organizations to engage in political and religious speech. (Executive Order <br />13798). <br />(i) The Recipient, its contractors, and subcontractors must give written notice of their obligations under <br />this clause to labor organizations with which they have a collective bargaining or other agreement. <br />(j) The Recipient must include the nondiscrimination and compliance provisions of this clause in all <br />subcontracts to perform work under this Agreement. <br />C.3.23 No Third Party Rights. <br />The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary <br />of this Agreement, or of any duty, covenant, obligation, or undertaking established herein. <br />C.3.24 No Obligation of the State. <br />Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the <br />State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this <br />Agreement. <br />C.3.25 Notice. <br />Upon the occurrence of any of the following events, the Recipient must provide notice as set forth below. <br />(a) Within 24 hours of the following, the Recipient must notify the Division by phone at (916) <br />327-9978 and by email to crvsten.cole(a�waterboards.ca.gov and <br />robert.pontureri(o-)waterboards.ca.gov and CleanWaterSRF(a-bwaterboards.ca.gov: <br />i. The seizure of, or levy on, any Revenues securing this Agreement; <br />ii. Any discovery of any potential tribal cultural resource and/or archaeological or <br />historical resource. Should a potential tribal cultural resource and/or <br />archaeological or historical resource be discovered during construction or Project <br />implementation, the Recipient must ensure that all work in the area of the find will <br />cease until a qualified archaeologist has evaluated the situation and made <br />recommendations regarding preservation of the resource, and the Division has <br />determined what actions should be taken to protect and preserve the resource. <br />The Recipient must implement appropriate actions as directed by the Division. <br />(b) [Reserved.] <br />Exhibit C <br />
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