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NON-DISCRIMINATION CERTIFICATION <br />The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: <br />The Contractor shall not discriminate against any employee or applicant for employment because of race, <br />color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants <br />are employed, and that employees are treated during employment without, regard to their race, color, religion, <br />sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, <br />demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms <br />of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in <br />conspicuous places, available to employees and applicants for employment, notices to be provided setting <br />forth the provisions of this nondiscrimination clause. <br />2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the <br />Contractor, state that all qualified applicants will receive consideration for employment without regard to race, <br />color, religion, sex, or national origin. <br />3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective <br />bargaining agreement or other contract or understanding, a notice to be provided advising the said labor <br />union or workers' representatives of the Contractor's commitments under this section, and shall post copies <br />of the notice in conspicuous places available to employees and applicants for employment. <br />4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the <br />rules, regulations, and relevant orders of the Secretary of Labor. <br />5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, <br />1965, 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 Contractor's non-compliance 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 Contractor may be declared ineligible for further Government contracts or federally assisted <br />construction contracts in accordance with procedures authorized in Execution Order 11246 of September <br />24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order <br />11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise <br />provided by law. <br />The Contractor shall include the portion of the sentence 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 Contractor becomes involved in, or is threatened <br />with, litigation with a subContractor or Contractor as a result of such direction by the administering agency, <br />the Contractor may request that the United States enter into such litigation to protect the interests of the <br />United States. <br />6. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, <br />no discrimination shall be made in the employment of persons upon public works because of race, religious <br />creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such <br />City of Santa Ana RFP 21-098 <br />On -Call Welding Services <br />Page 22 of 38 <br />