Common use of NON-DISCRIMINATION AND AFFIRMATIVE ACTION Clause in Contracts

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contract. 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 8 contracts

Samples: Subaward Agreement, Subaward Agreement, Subaward Agreement

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NON-DISCRIMINATION AND AFFIRMATIVE ACTION. 8.28.1 Subrecipient (that is, "Contractor") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contract. 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 2 contracts

Samples: Subaward Agreement, Subaward Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient Contractor (that is, is "ContractorSubrecipient") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its Subcontractors (that is "Lower Tier Subrecipients (that is, "SubcontractorsSubrecipients"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward Contract (that is, is "ContractSubaward") or under any project, program or activity supported by this Contract. 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's regular business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) 500 for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 2 contracts

Samples: Subaward Agreement, Subaward Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that isThe Borrower shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, "Contractor") certifies the State of California, and agrees that all persons employed by it, the Issuer. The Borrower shall not discriminate In its affiliates, subsidiaries, employment practices against any employee or holding companies are applicant for employment denial of family and shall be treated equally without regard to medical care leave; denial of pregnancy disability leave or reasonable accommodations against any employee or applicant for employment because of such person's race, ancestry, color, religion, ancestrycitizenship, national origin, religion, sex, sexual orientation, gender identity/expression, age, physical or mental disability, marital status, familial status, domestic partner status, physical handicap, mental disability, medical condition, political affiliation or political affiliationbelief. The Borrower shall -92- (Beverfy Terrace) DWT 27809087v3 00882XX-000046 comply with Executive Order 11246, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify toentitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). The Borrower shall comply with, with the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take the Los Angeles Administrative Code Sections 10.8 through 10.13, to the extent applicable hereto. The affirmative action to ensure that applicants are employedprogram of the Borrower shall include the mandatory contract provisions set forth in the Los Angeles Administrative Code Section 10.8.4, and that employees said provisions are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulationsincorporated herein by this reference. Such action The Borrower shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall also comply with all applicable Federal rules, regulations, and State laws policies of the Issuer's Board of Public Works, Office of Contract Compliance relating to nondiscrimination and regulations affirmative action, including the filing of all forms required by the Issuer. Any subcontract entered into by the Borrower relating to this Loan Agreement, to the end that no extent allowed hereunder, shall be subject to the provisions of this section. No person shall, shall on the grounds of race, ancestry, color, religion, ancestrycitizenship, national origin, religion, sex, sexual orientation, gender identity/expression, age, marital status, familial status, domestic partner status, physical or handicap, mental disability, marital status medical condition, political affiliation or political affiliation, belief be excluded from participation in, be denied the benefits benefit of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contract. 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's business hours to verify compliance with the provisions Loan Agreement. For purposes of this Subparagraph 8.28 when so requested by CountySection, Title 24 Code of Federal Regulations Part 107 and Section 570.601(b) defines specific discriminatory actions that are prohibited and corrective action that shall be taken in a situation as defined therein. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Loan Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, A. The Contractor shall not discriminate against any employee or holding companies are and shall be treated equally without regard to or applicant for employment because of race, color, religion, ancestryreligious creed, national origin, sex, age, physical or mental disabilityhandicap, marital statussexual orientation, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action The aforesaid provision shall include, but is not be limited to, the following: employment, employment upgrading, demotion, demotion or transfer, recruitment or ; recruitment advertising, layoff or ; recruitment layoff; termination, ; rates of pay or other forms of compensation, ; conditions or privileges of employment; and selection for training, including apprenticeship. The Contractor shall comply with the provisions of M.G.L. c. 151B and all other applicable anti-discrimination and equal opportunity laws. 8.28.4 B. The Contractor certifies shall comply with the provisions of Executive Order 478, entitled Order Regarding Nondiscrimination, Diversity, Equal Opportunity and agrees that it will deal with its Lower Tier Subrecipients (that isAffirmative Action, "Subcontractors"), bidders, or vendors without regard to or because of which prohibits unlawful discrimination based on race, color, age, gender, ethnicity, sexual orientation, religion, creed, ancestry, national origin, sex, age, physical or mental disability, marital statusveteran’s status (including Vietnam-era veterans), or political affiliation. 8.28.5 background. Executive Order 478 is herein incorporated by reference and made a part of this Contract. Pursuant to Executive Order 478 the Contractor certifies and agrees any subcontractors may not engage in discriminatory employment practices; and the Contractor must certify that itit is in compliance with all applicable federal and state laws, its affiliatesrules, subsidiaries and regulations governing fair labor and employment practices; and commit to purchasing supplies and services from certified minority or holding companies women-owned businesses, small businesses, or businesses owned by socially or economically disadvantaged persons or persons with disabilities. These provisions shall be enforced through the contracting agency, the Operational Services Division, and/or the Massachusetts Commission Against Discrimination. Any breach shall be regarded as a material breach of Contract that may subject Contractor to appropriate sanctions. The Contractor shall comply with all applicable Federal the provisions of Executive Order No. 246 entitled Revoking and State laws Superseding Executive Orders Numbers 143 and regulations 150, with respect to affirmative action programs for handicapped individuals, which is herein incorporated by reference and made a part of this Contract. C. In connection with the end that no person shallperformance of the Work, the Contractor shall undertake in good faith affirmative action measures designed to eliminate any discriminatory barriers in the terms and conditions of employment on the grounds of race, color, religion, ancestryreligious creed, national origin, age, sexual orientation, or sex, and to eliminate and remedy any effects of such discrimination in the past. Such affirmative action shall entail positive and aggressive measures to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs. This affirmative action shall include all action required to guarantee equal employment opportunity for all persons, regardless of race, color, religious creed, national origin, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits ofsexual orientation, or be otherwise subjected sex. A purpose of this provision is to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contractensure to the fullest extent possible an adequate supply of skilled tradesmen for future public construction projects. 8.28.6 D. If the Contractor shall allow County representatives access to Contractor's employment records during County's business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that use any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates subcontractor on any of the anti-discrimination provisions of work performed under this Contract, County shall, at its sole option, be entitled the Contractor shall take affirmative steps to negotiate with qualified minority and women subcontractors. These affirmative steps shall cover both pre-bid and post-bid periods. It shall include notification to the sum State Office of five hundred dollars ($500) Minority and Women Business Assistance or its designee, while bids are in preparation, of all products, work or services for which the Contractor intends to negotiate bids. In all solicitations either by competitive bidding or negotiation made by the Contractor either for work to be performed under a subcontract or for the procurement of materials or equipment, each such violation pursuant potential subcontractor or supplier shall be notified in writing by the Contractor of the Contractor's obligations under this Contract relative to California Civil Code Section 1671 as liquidated damages non-discrimination and affirmative action. E. As part of its obligation of remedial action under this Article, the Contractor shall maintain on this project not less than the percent ratio set forth in lieu the Owner - Contractor Agreement of terminating or suspending this Contract.minority employee worker hours to total worker hours in each job category including but not limited to bricklayers, carpenters, cement masons, electricians, ironworkers, operating engineers, and those "classes of work" enumerated in M.G. L. c. 149, s. 44F.

Appears in 1 contract

Samples: Construction Contract

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contract.or 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Subaward Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") 38.1 CONTRACTOR certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies companies, are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor 38.2 CONTRACTOR shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's B, Attachment A, Contractor’s Equal Employment Opportunity (EEO) Certification). 8.28.3 Contractor 38.3 CONTRACTOR shall take affirmative action to ensure that applicants are employed, employed and that employees are treated during employment, employment without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, include but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor 38.4 CONTRACTOR certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor 38.5 CONTRACTOR certifies and agrees that it, its affiliates, subsidiaries subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") Contract or under any project, program program, or activity supported by this Contract. 8.28.6 Contractor 38.6 CONTRACTOR shall allow County COUNTY representatives access to Contractor's CONTRACTOR’s employment records during County's regular business hours to verify compliance with the provisions of this Subparagraph 8.28 section when so requested by CountyCOUNTY. 8.28.7 38.7 If County the COUNTY finds that any of the above provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract contract upon which County COUNTY may determine to terminate or suspend this Contract. While County the COUNTY reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Opportunity Commission or the Federal Equal Employment Opportunity Commission that Contractor the CONTRACTOR has violated Federal or State anti-anti- discrimination laws or regulations shall constitute a finding by County COUNTY that Contractor the CONTRACTOR has violated the anti-discrimination provisions of this Contract. 8.28.8 38.8 The parties agree that in the event Contractor the CONTRACTOR violates any of the anti-anti- discrimination provisions of this Contract, County the COUNTY shall, at its sole option, be entitled to the sum of five hundred dollars Five Hundred Dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Contract for Inventory Services

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contract. 8.28.6 Contractor Subrecipient shall allow County representatives access to ContractorSubrecipient's employment records during County's business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Subaward Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that isThe Borrower shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, "Contractor") certifies the State of California, and agrees that all persons employed by it, the Issuer. The Borrower shall not discriminate in its affiliates, subsidiaries, employment practices against any employee or holding companies are applicant for employment denial of family and shall be treated equally without regard to medical care leave; denial of pregnancy disability leave or reasonable accommodations against any employee or applicant for employment because of such person’s race, ancestry, color, religion, ancestrycitizenship, national origin, religion, sex, sexual orientation, gender identity/expression, transgender status, age, physical or mental disability, marital status, familial status, domestic partner status, physical handicap, mental disability, medical condition, political affiliation or political affiliationbelief. The Borrower shall comply with Executive Order 11246, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify toentitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). The Borrower shall comply with, with the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take the Los Angeles Administrative Code Sections 10.8 through 10.13, to the extent applicable hereto. The affirmative action to ensure that applicants are employedprogram of the Borrower shall include the mandatory contract provisions set forth in the Los Angeles Administrative Code Section 10.8.4, and that employees said provisions are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulationsincorporated herein by this reference. Such action The Borrower shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall also comply with all applicable Federal rules, regulations, and State laws policies of the Issuer’s Board of Public Works, Office of Contract Compliance relating to nondiscrimination and regulations affirmative action, including the filing of all forms required by the Issuer. Any subcontract entered into by the Borrower relating to this Agreement, to the end that no extent allowed hereunder, shall be subject to the provisions of this section. No person shall, shall on the grounds of race, ancestry, color, religion, ancestrycitizenship, national origin, religion, sex, sexual orientation, gender identity/expression, transgender status, age, marital status, familial status, domestic partner status, physical or handicap, mental disability, marital status medical condition, political affiliation or political affiliation, belief be excluded from participation in, be denied the benefits benefit of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contract. 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's business hours to verify compliance with the provisions Agreement. For purposes of this Subparagraph 8.28 when so requested by CountySection, Title 24 Code of Federal Regulations Part 107 and Section 570.601(b) defines specific discriminatory actions that are prohibited and corrective action that shall be taken in a situation as defined therein. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Loan Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. 8.28.1 Subrecipient Contractor (that is, is "ContractorSubrecipient") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its Subcontractors (that is "Lower Tier Subrecipients (that is, "SubcontractorsSubrecipients"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward Contract (that is, is "ContractSubaward") or under any project, program or activity supported by this Contract. 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's regular business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) 500 for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Subaward Agreement

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NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") The Contractor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 The Contractor shall certify to, and comply with, the provisions of Exhibit D (SubrecipientContractor's Equal Employment Opportunity Certification). 8.28.3 The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 The Contractor certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors")subcontractors, bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 The Contractor certifies and agrees that it, its affiliates, subsidiaries subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") Contract or under any project, program program, or activity supported by this Contract. 8.28.6 The Contractor shall allow County representatives access to the Contractor's employment records during County's regular business hours to verify compliance with the provisions of this Subparagraph Paragraph 8.28 when so requested by the County. 8.28.7 If the County finds that any provisions of this Subparagraph Paragraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which the County may terminate or suspend this Contract. While the County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that the Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by the County that the Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event the Contractor violates any of the anti-discrimination provisions of this Contract, the County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) 500 for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Elderly Nutrition Program Contract

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its any approved Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contract. 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Subaward Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") 54.1 CONTRACTOR certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies companies, are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, sexual orientation, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor 54.2 CONTRACTOR shall certify to, and comply with, the provisions of Exhibit D (SubrecipientE, Attachment VII, Contractor's Equal Employment Opportunity (EEO) Certification). 8.28.3 Contractor 54.3 CONTRACTOR shall take affirmative action to ensure that job applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, sexual orientation, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, include but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor 54.4 CONTRACTOR certifies and agrees that it will deal with its Lower Tier Subrecipients (that isSub-Contractors, "Subcontractors"), biddersproposers, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, sexual orientation, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor 54.5 CONTRACTOR certifies and agrees that it, its affiliates, subsidiaries subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, sexual orientation, age, physical or mental disability, marital status status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") Contract or under any project, program Program, or activity supported by this Contract. 8.28.6 Contractor 54.6 CONTRACTOR shall allow County COUNTY representatives access to Contractor's CONTRACTOR'S employment records during County's regular business hours to verify compliance with the provisions of this Subparagraph 8.28 Section when so requested by CountyCOUNTY. 8.28.7 54.7 If County COUNTY finds that any of the provisions of this Subparagraph 8.28 Section have been violated, such violation shall constitute a material breach of this Contract upon which County COUNTY may suspend or terminate or suspend this Contract. While County COUNTY reserves the right to independently determine independently that whether the anti-discrimination provisions of this Contract have been violated, ; in addition, a determination by the California Fair Employment and Housing Opportunity Commission or the Federal Equal Employment Opportunity Commission that Contractor CONTRACTOR has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County COUNTY that Contractor CONTRACTOR has violated the anti-discrimination provisions of this Contract. 8.28.8 54.8 The parties agree that in the event Contractor CONTRACTOR violates any of the anti-discrimination provisions of this Contract, County COUNTY shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Linkages Program Contract

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") 15.01 District certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies companies, are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliationaffiliations, in compliance with all applicable Federal federal and State state anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor 15.02 District shall take affirmative action to ensure that applicants are employed, employed and that employees are treated during employment, employment without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal federal and State state anti-discrimination laws and regulations. Such action shall include, include but is not limited to: to employment, upgrading, demotion, transfer, recruitment or recruitment recruitments advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor 15.03 District certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors")subcontractors, bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor 15.04 District certifies and agrees that it, its affiliates, subsidiaries subsidiaries, or holding companies shall comply with all applicable Federal federal and State state laws and regulations to the end that no person shall, on the grounds of of, race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") Agreement or under any project, program program, or activity supported by this ContractAgreement. 8.28.6 Contractor 15.05 District shall allow County Foundation representatives access to Contractor's District’s employment records during County's regular business hours to verify compliance with the provisions of this Subparagraph 8.28 section when so requested by CountyFoundation. 8.28.7 15.06 If County Foundation finds that any of the above provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract contract upon which County Foundation may determine to terminate or suspend this ContractAgreement. While County Foundation reserves the right to determine independently that the anti-anti- discrimination provisions of this Contract Agreement have been violated, in addition, a determination by the California Fair Employment and Housing Opportunity Commission or the Federal Equal Employment Opportunity Commission that Contractor District has violated Federal federal or State state anti-discrimination laws or regulations shall constitute a finding by County Foundation that Contractor District has violated the anti-anti- discrimination provisions of this ContractAgreement. 8.28.8 15.07 The parties agree that in the event Contractor District violates any of the anti-discrimination provisions of this Contractthe Agreement, County Foundation shall, at its sole option, be entitled to the sum of five hundred dollars ($500) 500 for each such violation pursuant to California Civil Code Section §1671 as liquidated damages in lieu of terminating or suspending this ContractAgreement.

Appears in 1 contract

Samples: Grant Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. 8.28.1 Subrecipient (that is, "Contractor") certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. 8.28.2 Contractor shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's Equal Employment Opportunity Certification). 8.28.3 Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor certifies and agrees that it will deal with its any approved Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor certifies and agrees that it, its affiliates, subsidiaries or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") or under any project, program or activity supported by this Contract. 8.28.6 Contractor shall allow County representatives access to Contractor's employment records during County's business hours to verify compliance with the provisions of this Subparagraph 8.28 when so requested by County. 8.28.7 If County finds that any provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract upon which County may terminate or suspend this Contract. While County reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that Contractor has violated Federal or State anti-anti- discrimination laws or regulations shall constitute a finding by County that Contractor has violated the anti-discrimination provisions of this Contract. 8.28.8 The parties agree that in the event Contractor violates any of the anti-anti- discrimination provisions of this Contract, County shall, at its sole option, be entitled to the sum of five hundred dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Subaward Agreement

NON-DISCRIMINATION AND AFFIRMATIVE ACTION. ‌ 8.28.1 Subrecipient (that is, "Contractor") 38.1 CONTRACTOR certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies companies, are and shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-anti- discrimination laws and regulations. 8.28.2 Contractor 38.2 CONTRACTOR shall certify to, and comply with, the provisions of Exhibit D (Subrecipient's C, Attachment A, CONTRACTOR’S Equal Employment Opportunity (EEO) Certification). 8.28.3 Contractor 38.3 CONTRACTOR shall take affirmative action to ensure that applicants are employed, employed and that employees are treated during employment, employment without regard to race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation, in compliance with all applicable Federal and State anti-discrimination laws and regulations. Such action shall include, include but is not limited to: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8.28.4 Contractor 38.4 CONTRACTOR certifies and agrees that it will deal with its Lower Tier Subrecipients (that is, "Subcontractors"), bidders, or vendors without regard to or because of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status, or political affiliation. 8.28.5 Contractor 38.5 CONTRACTOR certifies and agrees that it, its affiliates, subsidiaries subsidiaries, or holding companies shall comply with all applicable Federal and State laws and regulations to the end that no person shall, on the grounds of race, color, religion, ancestry, national origin, sex, age, physical or mental disability, marital status status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Subaward (that is, "Contract") Contract or under any project, program program, or activity supported by this Contract. 8.28.6 Contractor 38.6 CONTRACTOR shall allow County COUNTY representatives access to Contractor's CONTRACTOR’S employment records during County's regular business hours to verify compliance with the provisions of this Subparagraph 8.28 section when so requested by CountyCOUNTY. 8.28.7 38.7 If County the COUNTY finds that any of the above provisions of this Subparagraph 8.28 have been violated, such violation shall constitute a material breach of this Contract contract upon which County COUNTY may determine to terminate or suspend this Contract. While County the COUNTY reserves the right to determine independently that the anti-discrimination provisions of this Contract have been violated, in addition, a determination by the California Fair Employment and Housing Opportunity Commission or the Federal Equal Employment Opportunity Commission that Contractor the CONTRACTOR has violated Federal or State anti-discrimination laws or regulations shall constitute a finding by County COUNTY that Contractor the CONTRACTOR has violated the anti-discrimination provisions of this Contract. 8.28.8 38.8 The parties agree that in the event Contractor the CONTRACTOR violates any of the anti-discrimination provisions of this Contract, County the COUNTY shall, at its sole option, be entitled to the sum of five hundred dollars Five Hundred Dollars ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Contract.

Appears in 1 contract

Samples: Youth Development Services Contract

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