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DocuSign Envelope ID: 7DOD574C-B1E5-4A94-98CC-C2B16DDD7DC6
<br />0A:u=ire
<br />Grant Agreement o. 4600013842
<br />Page 58 of 71
<br />compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such
<br />provisions before commencing the performance of the work under this Agreement and will make its
<br />contractors and subcontractors aware of this provision.
<br />D.27. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole
<br />discretion approve non -material changes to the portions of Exhibits A, B, and C which concern the
<br />budget and schedule without formally amending this Grant agreement. Non -material changes with
<br />respect to the budget are changes that only result in reallocation of the budget and will not result in an
<br />increase in the amount of the State Grant agreement. Non -material changes with respect to the
<br />Project schedule are changes that will not extend the term of this Grant agreement. Requests for non-
<br />material changes to the budget and schedule must be submitted by the Grantee to the State in writing
<br />and are not effective unless and until specifically approved by the State's Program Manager in writing.
<br />D.28. NONDISCRIMINATION: During the performance of this Grant agreement, Grantee and its contractors
<br />or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee
<br />or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry,
<br />religion, creed, national origin (including language use restriction), pregnancy, physical disability
<br />(including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age
<br />(over 40), marital/domestic partner status, and denial of medical and family care leave or pregnancy
<br />disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and
<br />treatment of their employees and applicants for employment are free from such discrimination and
<br />harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the
<br />California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations
<br />promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the
<br />Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its
<br />contractors or subcontractors shall give written notice of their obligations under this clause to labor
<br />organizations with which they have a 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. OPINIONS AND DETERMINATIONS: Where the terms of this Grant agreement provide for action to
<br />be based upon, judgment, approval, review, or determination of either party hereto, such terms are not
<br />intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or
<br />determination to be arbitrary, capricious, or unreasonable.
<br />D.30. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to
<br />begin until each contractor has furnished a performance bond in favor of the Grantee in the following
<br />amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract
<br />value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued
<br />pursuant to this paragraph must be issued by a California -admitted surety. (Pub. Contract Code, §
<br />7103; Code Civ. Proc., § 995.311.)
<br />D.31. 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 the
<br />Grant agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in
<br />accordance with Public Contract Code section 10353.
<br />D.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee
<br />shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner
<br />whatsoever all or any portion of any real or other property necessarily connected or used in
<br />conjunction with the Project, or with Grantee's service of water, without prior permission of State.
<br />Grantee shall not take any action, including but not limited to actions relating to user fees, charges,
<br />and assessments that could adversely affect the ability of Grantee meet its obligations under this
<br />Grant agreement, without prior written permission of State. State may require that the proceeds from
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