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TO BE INCLUDED IN PROPOSAL <br />CITY OF SANTA ANA COMMUNITY DEVELOPMENT <br />REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT <br />PROPOSAL AND CONTRACT AGREEMENT <br />CERTIFICATION OF NONDISCRIMINATION BY DEVELOPER <br />The undersigned Developer or corporate officer, during the performance of this contract, certifies as follows: <br />The Developer shall not discriminate against any employee or applicant for employment because of race, <br />color, religion, sex, or national origin. The Developer shall take affirmative action to ensure that applicants <br />are employed, and that employees are treated during employment without, regard to their race, color, <br />religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, <br />upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay <br />or other forms of compensation; and selection for training, including apprenticeship. The Developer <br />agrees to post in conspicuous places, available to employees and applicants for employment, notices to <br />be provided setting forth the provisions of this nondiscrimination clause. <br />2. The Developer shall, in all solicitations or advertisements for employees placed by or on behalf of the <br />Developer, state that all qualified applicants will receive consideration for employment without regard to <br />race, color, religion, sex, or national origin. <br />3. The Developer shall send to each labor union or representative of workers with which he has a collective <br />bargaining agreement or other contract or understanding, a notice to be provided advising the said labor <br />union or workers' representatives of the Developer's commitments under this section, and shall post <br />copies of the notice in conspicuous places available to employees and applicants for employment. <br />4. The Developer shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of <br />the rules, regulations, and relevant orders of the Secretary of Labor. <br />5. The Developer shall furnish all information and reports required by Executive Order 11246 of September <br />24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will <br />permit access to his/her books, records, and accounts by the administering agency and the Secretary of <br />Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. <br />6. In the event of the Developer's non-compliance with the nondiscrimination clauses of this contract or with <br />any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in <br />whole or in part and the Developer may be declared ineligible for further Government contracts or federally <br />assisted construction/services contracts in accordance with procedures authorized in Execution Order <br />11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as <br />provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the <br />Secretary of Labor, or as otherwise provided by law. <br />7. The Developer shall include the portion of the sentence immediately preceding paragraph (1) and the <br />provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, <br />regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 <br />of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order <br />as the administering agency may direct as means of enforcing such provisions, including sanctions for <br />City of Santa Ana Community Development Agency <br />Request for Proposals for Affordable Housing Development <br />Page 28 <br />19E-31