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CITY OF SANTA ANA <br />RFP NO.: 17.118 <br />WATER ENTERPRISE ALTERNATIVE ENERGY FEASIBILITY STUDY <br />NON-i)ISCRIMINATION CER..TII ICATION <br />The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: <br />1. The Consultant shall not discriminate against any employee or applicant for employment because of race, <br />color, religion, sex, or national origin. The Consultant 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; <br />employment, upgrading, domotion, or transfer; recruitment or recruitment advertising; layoff or termination; <br />rates of pay or other ferns of compensation; and selection for training, including apprenticeship. The <br />Consultant agrees to post in conspicuous places, available to employees and applicants for employment, <br />notices to be provided setting forth the provisions of this nondiscrimination clause. <br />2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the <br />Consultant, state that all qualified applicants will receive consideration for employment without regard to <br />race, color, religion, sex, or national origin. <br />3. The Consultant shall send to each labor union or representative of workers with which he/she has a <br />collective bargaining agreement or other contract or understanding, a notice to be provided advising the said <br />labor union or workers' representatives of the Consultant's commitments tinder this section, and shall post <br />copies of the notice in conspicuous places available to employees and applicants for employment. <br />4. The Consultant 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 Consultant shall furnish all information and reports repaired by Executive Order 11246 of September <br />24, 190, 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 Labor for <br />purposes of investigation, to ascertain compliance with such rules, regulations, and orders. <br />6. In the event of the Consultant's noncompliance 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 whole <br />or in part and the Consultant may be declared ineligible for further Government contracts or federally <br />assisted construction contracts in accordance with procedures authorized in Execution 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 Consultant shall include the portion of the senteucc 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 Consultant becomes involved in, or is threatened <br />with, litigation with a subconsultant or vendor as a result of such direction by the administering agency,, the <br />Consultant may request that the United States enter into such litigation to protect the interests of the United <br />States. <br />Page 1 of 2 <br />25A-48 <br />