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<br />Agreement No. 75A0242 A 1 <br />CITY OF SANTA ANA <br />Page 5 of 10 <br /> <br />every name, kind and description brought for or on account of injury occurring by reason <br />of anything done or omitted to be done by CITY under or in connection with any work, <br />authority or jurisdiction delegated to CITY under this FT A. <br /> <br />11. Non-Discrimination <br /> <br />a. During the performance of this FT A, CITY and all of its subcontractors, if any, <br />shall not unlawfully discriminate, harass or allow harassment, against any employee or <br />applicant for employment because of sex, race, color, ancestry, religious creed, national <br />origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), <br />age (over 40), marital status, denial of family and medical care leave, and denial of <br />pregnancy disability leave. CITY and its subcontractors shall ensure that the evaluation <br />and treatment of their employees and applicants for employment are free from such <br />discrimination and harassment. CITY and its sub-contractors shall comply with the <br />provisions of the Fair Employment and Housing Act (Government Code section 12900 et <br />seq.) and the applicable regulations promulgated thereunder (California Code of <br />Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair <br />Employment and Housing Commission implementing Government Code section 12990 <br />(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, <br />are incorporated into this FT A by this reference and are made a part hereof as if set forth <br />in full. CITY and its subcontractors shall give written notice of their obligations under this <br />clause to labor organizations with which they have a collective bargaining or other <br />agreement. <br /> <br />b. CITY shall include the nondiscrimination and compliance provisions of this clause <br />in all subcontracts to perform work under this FTA. <br /> <br />12. Fundina Requirements <br /> <br />a. DEPARTMENT has the option to void this FTA under the thirty (30) day <br />termination clause or to amend this FT A to reflect any reduction of funds. In the event of <br />an unscheduled termination, the DEPARTMENT Contract Manager may reimburse CITY <br />is accordance with the provisions of Article 4 of this Section III. <br /> <br />b. This FTA is subject to any additional restrictions,limitations, conditions, or any <br />statute enacted by Congress or the State Legislature that may affect the provisions, <br />terms, or funding of this FTA in any manner. <br /> <br />13. Records Retention <br /> <br />a. CITY, its contractors and subcontractors shall establish and maintain an <br />accounting system and records that properly accumulate and segregate incurred Project <br />costs by line item for the Project. The accounting system of CITY, its contractors and all <br />subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), <br />enable the determination of incurred costs at interim points of completion, and provide <br />support for reimbursement payment vouchers or invoices. All accounting records and <br />other supporting papers of CITY, its contractors and subcontractors connected with <br />Project performance under this FTA shall be maintained for a minimum of three (3) years <br />from the date of final payment to CITY and shall be held open to inspection, copying, and <br />audit by representatives of DEPARTMENT, and the California State Auditor. Copies <br />thereof will be furnished by CITY, its contractors, and its subcontractors upon receipt of <br />any request made by DEPARTMENT or its agents. In conducting an audit of the costs <br />claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any <br />prior audit of CITY pursuant to the provisions of State law. In the absence of such an <br />