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3. Non -Discrimination. Agency agrees it will not engage in unlawful <br />discrimination of persons because of race, color, religious creed, national origin, ancestry, <br />physical handicap, medical condition, marital status, or age, or sex of such person. <br />4. Applicable Law. Agency agrees to comply with all federal, state, <br />and local laws, rules regulations, and ordinances that are now or may in the future <br />become applicable to Agency, Agency's business, equipment, and personnel engaged in <br />operations covered by this agreement or occurring out of the performance of such <br />operations. <br />B. DISTRICT'S RESPONSIBILITIES <br />1. Educational Program. District is responsible for the educational <br />program that will be conducted.on site. <br />2. Supervise and Control Instruction, The instruction to be claimed <br />for apportionment under this contract shall be under the immediate supervision and <br />control of a District employee (Title 5, Section 58058) who has met the minimum <br />qualifications for instruction in a vocational subject in a California community college. <br />3. Instructor Who Is Not a District Emnlovee - District's <br />Responsibilities Wltere Agency's instructor is not a paid employee of the District, the <br />District shall have a written agreement with each such instructor who is conducting <br />instruction for which Full time Equivalency Students (FTES) are to be reported. The <br />agreement shall state that the District has the primary right to control and direct the <br />instructional activities of Agency's instructor. <br />4. Qualifications of Instructors. District shall list the minimum <br />qualifications for instructors teaching these courses. Such qualifications shall be <br />consistent with requirements specified by the District. <br />SAC -17-040 2 of 11 <br />25E-4 <br />