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<br />City of Santa Ana <br />04-CALHOME-087 <br />Page 2 of 6 <br /> <br />EXHIBIT D <br /> <br />8, Non-Discrimination Clause <br /> <br />A. During the performance of this Agreement, Contractor and its subcontractors <br />shall not unlawfully discriminate, harass, or allow harassment against any <br />employee or applicant for employment because of sex, race, color, ancestry, <br />religious creed, national origin, physical disability (including HIV and AIDS), <br />mental disability, medical condition (cancer), age (over 40), marital status, and <br />denial of family care leave, Contractor and subcontractors shall insure that the <br />evaluation and treatment of their employees and applicants for employment are <br />free from such discrimination and harassment. Contractor and subcontractors <br />shall comply with the provisions of the Fair Employment and Housing Act <br />(Government Code Section 12990 (a-f) et seq.) and the applicable regulations <br />promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et <br />seq.). The applicable regulations of the Fair Employment and Housing <br />Commission implementing Government Code Section 12990 (a-f), set forth in <br />Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are <br />incorporated into this Agreement by reference and made a part hereof as if set <br />forth in full. Contractor and its subcontractors shall give written notice of their <br />obligations under this clause to labor organizations with which they have a <br />collective bargaining or other Agreement. <br /> <br />B. Contractor shall include the nondiscrimination and compliance provisions of this <br />clause in all subcontracts to perform work under the Agreement. <br /> <br />I <br /> <br />9, Timeliness <br /> <br />Time is of the essence in this Agreement. <br /> <br />10. Governinq Law <br /> <br />This Agreement is governed by and shall be interpreted in accordance with the laws of <br />the State of California, <br /> <br />11, Child Support Compliance Act <br /> <br />If this Agreement is in excess of $100,000, by executing this Agreement, Contractor <br />acknowledges and agrees to the following: <br /> <br />A. The Contractor recognizes the importance of child and family support obligations <br />and shall fully comply with all applicable state and federal laws relating to child <br />and family support enforcement, including, but not limited to, disclosure of <br />information and compliance with earnings assignment orders, as provided in <br />Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family <br />Code; and <br /> <br />B. The Contractor, to the best of its knowledge is fully complying with the earnings <br />assignment orders of all employees and is providing the names of all new <br />employees to the New Hire Registry maintained by the California Employment <br />Development Department. <br />