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City of Santa Ana <br />Agreement No.: D2201000 <br />Project No.: C-06-8478-1 10 <br />Page 38 of 48 <br />conservation efforts as part of the plan, and a plan for maintaining, repairing, and, as necessary, <br />replacing the Project and a plan for funding such activities. <br />xviii. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related <br />to the Project the following provisions: <br />"During the performance of this contract, the contractor agrees as follows: "(a) The contractor will <br />not discriminate against any employee or applicant for employment because of race, creed, color, <br />or national origin. The contractor will take affirmative action to ensure that applicants are <br />employed, and that employees are treated during employment, without regard to their race, <br />creed, color, or national origin. Such action shall include, but not be limited to the following: <br />employment, upgrading, demotion, or transfer,- recruitment or recruitment advertising; layoff or <br />termination; rates of pay or other forms of compensation; and selection for training, including <br />apprenticeship. The contractor agrees to post in conspicuous places, available to employees and <br />applicants for employment, notices to be provided by the contracting officer setting forth the <br />provisions of this nondiscrimination clause. <br />"(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf <br />of the contractor, state that all qualified applicants will receive consideration for employment <br />without regard to race, creed, color, or national origin. <br />"(c) The contractor will send to each labor union or representative of workers with which he has a <br />collective bargaining agreement or other contract or understanding, a notice, to be provided by <br />the agency contracting officer, advising the labor union or workers' representative of the <br />contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, <br />1965, and shall post copies of the notice in conspicuous places available to employees and <br />applicants for employment. <br />"(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, <br />and of the rules, regulations, and relevant orders of the Secretary of Labor. <br />"(e) The contractor will furnish all information and reports required by Executive Order No. 11246 <br />of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or <br />pursuant thereto, and will permit access to his books, records, and accounts by the contracting <br />agency and the Secretary of Labor for purposes of investigation to ascertain compliance with <br />such rules, regulations, and orders. <br />"(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this <br />contract or with any of such rules, regulations, or orders, this contract may be cancelled, <br />terminated or suspended in whole or in part and the contractor may be declared ineligible for <br />further Government contracts in accordance with procedures authorized in Executive Order No. <br />11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as <br />provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of <br />the Secretary of Labor, or as otherwise provided by law. <br />"(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract <br />or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor <br />issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such <br />provisions will be binding upon each subcontractor or vendor. The contractor will take such action <br />with respect to any subcontract or purchase order as the contracting agency may direct as a <br />means of enforcing such provisions including sanctions for noncompliance: Provided, however, <br />That in the event the contractor becomes involved in, or is threatened with, litigation with a <br />subcontractor or vendor as a result of such direction by the contracting agency, the contractor <br />Exhibit C <br />