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EXHIBIT E
<br />CITY OF SANTA ANA
<br />REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS
<br />CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
<br />The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows:
<br />The contractor shall not discriminate against any employee or applicant for employment because of race,
<br />color, religion, sex, or national origin. The contractor 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 or
<br />other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to
<br />post in conspicuous places, available to employees and applicants for employment, notices to be provided
<br />setting forth the provisions of this nondiscrimination clause.
<br />2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
<br />contractor; state that all qualified applicants will receive consideration for employment without regard to race,
<br />color, religion, sex, or national origin.
<br />3. The contractor 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 contractor's commitments under this section, and shall post copies
<br />of the notice in conspicuous places available to employees and applicants for employment.
<br />4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
<br />rules, regulations, and relevant orders of the Secretary of Labor.
<br />5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24,
<br />1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
<br />access to his /her books, records, and accounts by the administering agency and the Secretary of Laborfor
<br />purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
<br />6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any
<br />of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or
<br />in part and the contractor may be declared ineligible forfurther government contracts or federally assisted
<br />construction /services contracts in accordance with procedures authorized in Executive Order 11246 of
<br />September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in
<br />Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or
<br />as otherwise provided by law.
<br />7. The contractor 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 of
<br />September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
<br />administering agency may direct as means of enforcing such provisions, including sanctions for
<br />noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened
<br />with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the
<br />contractor may request that the United States enter into such litigation to protect the interests of the United
<br />States.
<br />8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended,
<br />RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page j 17
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