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CITY OF SANTA ANA
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<br />or employee of Congress, or an employee of a Member of Congress in connection with any federal action
<br />concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
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<br />i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors
<br />(or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of
<br />the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
<br />(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended;
<br />Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and
<br />Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of
<br />the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended;
<br />Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and
<br />Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a
<br />Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of
<br />discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
<br />disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will,
<br />in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of
<br />Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in
<br />accordance with Executive Order 11246 as amended by Executive Order No. 11375.
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<br />j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or
<br />subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965,
<br />entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967,
<br />and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
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<br />k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will
<br />comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.
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<br />l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and
<br />subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback”
<br />Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as
<br />applicable.
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<br />(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
<br />requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
<br />this contract.
<br />(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above
<br />and such other clauses as FEMA may by appropriate instructions require, and also a clause
<br />requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
<br />contractor shall be responsible for the compliance by any subcontractor or lower tier
<br />subcontractor with all of these contract clauses.
<br />(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract,
<br />and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
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<br />m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will
<br />comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as
<br />supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
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<br />EXHIBIT 1
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