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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 />PROPOSALAND 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, color, <br />religion, sex, or national origin. The Developer shall take affirmative action to ensure that applicants are employed, <br />and that employees are treated during employment without, regard to their race, color, religion, sex, or national <br />origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or <br />transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; <br />and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places, available to <br />employees and applicants for employment, notices to be provided setting forth the provisions of this <br />nondiscrimination clause. <br />2. The Developer shall, in all solicitations or advertisements for employees placed by or on behalf of the Developer, <br />state that all qualified applicants will receive consideration for employment without regard to race, color, religion, <br />sex, or national origin. <br />3. The Developer shall send to each labor union or representative of workers with which he has a collective bargaining <br />agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' <br />representatives of the Developer's commitments under this section, and shall post copies of the notice in <br />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 the rules, <br />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 24, 1965, <br />and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her <br />books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, <br />to ascertain compliance with such rules, regulations, and orders. <br />6. In the event of the Developers non - compliance with the nondiscrimination clauses of this contract or with any of <br />the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part <br />and the Developer may be declared ineligible for further Government contracts or federally assisted <br />construction /services contracts in accordance with procedures authorized in Execution Order 11246 of September <br />24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of <br />September 24, 1965, or by rule, regulations, or order of the 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 provisions of <br />paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders <br />of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that <br />such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as <br />City of Santa Ana Community Development Agency <br />Request for Proposals for Affordable Housing Development <br />Page 36 <br />19E -38 <br />