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Grant Agreement No. 4600011889
<br />Page 24 of 32
<br />Grantee's knowledge of the claim. State and Grantee shall then attempt to negotiate a
<br />resolution of such claim and process an amendment to the Grant Agreement to implement
<br />the terms of any such resolution.
<br />D.28) NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its
<br />contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment
<br />against any employee or applicant for employment because of sex (gender), sexual
<br />orientation, race, color, ancestry, religion, creed, national origin (including language use
<br />restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical
<br />condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medial
<br />and family care leave or pregnancy disability leave. Grantee and its contractors or
<br />subcontractors shall ensure that the evaluation and treatment of their employees and
<br />applicants for employment are free from such discrimination and harassment. Grantee and its
<br />contractors or subcontractors shall comply with the provisions of the Fair Employment and
<br />Housing Act (Government Code § 12990 (a-f) of seq.) and the applicable regulations
<br />promulgated there under (California Code of Regulations, Title 2, §7285 etseq.). The
<br />applicable regulations of the Fair Employment and Housing Commission implementing
<br />Government Code § 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California
<br />Code of Regulations, are incorporated into this Agreement by reference and made a part
<br />hereof as if set forth in full. Grantee and its contractors or subcontractors shall give written
<br />notice of their obligations under this clause to labor organizations with which they have a
<br />collective bargaining or other agreement.
<br />Grantee shall include the nondiscrimination and compliance provisions of this clause in all
<br />subcontracts to perform work under the Grant Agreement.
<br />D.29) NO DISCRIMINATION AGAINST DOMESTIC PARTNERS: For contracts over $100,000 executed or
<br />amended after January 1, 2007, the Grantee certifies by signing this Grant Agreement, under
<br />penalty of perjury under the laws of State of California that Grantee is in compliance with
<br />Public Contract Code § 10295.3.
<br />D.30) OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action
<br />to be based upon, judgment, approval, review, or determination of either party hereto, such
<br />terms are not intended to be and shall never be construed as permitting such opinion,
<br />judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
<br />D.31) PERFORMANCE AND ASSURANCES: Grantee agrees to faithfully and expeditiously perform or
<br />cause to be performed all Project work as described in Exhibit A (Work Plan) and to apply
<br />State funds received only to Eligible Project Costs in accordance with applicable provisions of
<br />the law.
<br />D.32) PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of
<br />$200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by
<br />the Grant Agreement to qualified recipients of aid under Welfare and Institutions Code § 11200
<br />in accordance with Public Contract Code § 10353.
<br />D.33) PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not
<br />sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any
<br />manner whatsoever all or any portion of any real or other property necessarily connected or
<br />used in conjunction with the Project, or with Grantee's service of water, without prior
<br />permission of State. Grantee shall not take any action, including but not limited to actions
<br />relating to user fees, charges, and assessments that could adversely affect the ability of
<br />Grantee to meet its obligations under this Grant Agreement, without prior written permission of
<br />25C-35
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