25J - SANTA ANA REGIONAL TRANSP CTR

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Agreement No. 75A0242 CITY OF SANTA ANA Page 5 of 10 every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this FTA. 11. Non-Discrimination a. During the performance of this FTA, CITY and all of its subcontractors, if any, shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy disability leave. CITY and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CITY and its sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.)... The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this FTA by this reference and are made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. CITY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. 12. Funding Requirements a. DEPARTMENT has the option to void this FTA under the thirty (30) day termination clause or to amend this FTA to reflect any reduction of funds. In the event of an unscheduled termination, the DEPARTMENT Contract Manager may reimburse CITY is accordance with the provisions of Article 4 of this Section III. b. This FTA is subject to any additional restrictions, limitations, conditions, or any statute enacted by Congress or the State Legislature that may affect the provisions, terms, or funding of this FTA in any manner. 13. Records Retention a. CITY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs byline item for the Project. The accounting system of CITY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of CITY, its contractors and subcontractors connected with Project performance under this FTA shall be maintained for a minimum of three (3) years from the date of final payment to CITY and shall be held open to inspection, copying, and audit by representatives of DEPARTMENT, and the California State Auditor. Copies thereof will be furnished by CITY, its contractors, and its subcontractors upon receipt of any request made by DEPARTMENT or its agents. In conducting an audit of the costs claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of CITY pursuant to the provisions of State law. In the absence of such an 25J-25