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<br />EXHIBIT D <br /> <br />City of Santa Ana <br />06-CaIHome-184 <br />Page 2 of 5 <br />(Rev.3/07) <br /> <br />8. Non-Discrimination Clause <br /> <br />A. During the performance of this Agreement, Contractor and its subcontractors shall not <br />unlawfully discriminate, harass, or allow harassment against any employee or applicant <br />for employment because of sex, race, color, ancestry, religious creed, national origin, <br />physical disability (including HIV and AIDS), mental disability, medical condition <br />(cancer), age (over 40), marital status, and denial of family care leave. Contractor and <br />subcontractors shall insure that the evaluation and treatment of their employees and <br />applicants for employment are free from such discrimination and harassment. <br />Contractor and subcontractors shall comply with the provisions of the Fair Employment <br />and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable <br />regulations promulgated thereunder (California Code of Regulations, Title 2, Section <br />7285 et seq.). The applicable regulations of the Fair Employment and Housing <br />Commission implementing Government Code Section 12990 (a-f), set forth in Chapter <br />5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this <br />Agreement by reference and made a part hereof as if set forth in full. Contractor and its <br />subcontractors shall give written notice of their obligations under this clause to labor <br />organizations with which they have a collective bargaining or other Agreement. <br /> <br />B. Contractor shall include the nondiscrimination and compliance provisions of this clause <br />in all subcontracts to perform work under the Agreement. <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 the <br />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. Contractor recognizes the importance of child and family support obligations and shall <br />fully comply with all applicable state and federal laws relating to child and family <br />support enforcement, including, but not limited to, disclosure of information and <br />compliance with earnings assignment orders, as provided in Chapter 8 (commencing <br />with section 5200) of Part 5 of Division 9 of the Family Code; and <br /> <br />B. Contractor, to the best of its knowledge is fully complying with the earnings assignment <br />orders of all employees and is providing the names of all new employees to the New <br />Hire Registry maintained by the California Employment Development Department. <br />