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EXHIBIT D
<br />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 Developers 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 35
<br />1901-38
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