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participate in programs and activities operated by recipients of WIA assistance. EO 11246 <br />specifically prohibits federal contractors and subcontractors and federally assisted construction <br />contractors, subcontractors or subgrantees that have contracts that exceed $10,000 from <br />discriminating in employment decisions on the basis of race, color, religion, sex, or national <br />origin. All covered contractors must take affirmative action to ensure that equal opportunity is <br />provided in all aspects of their employment. <br />5. APPLICABLE GUIDELINES <br />A. The parties hereto agree that CONSULTANT shall comply with all applicable <br />federal and state laws and regulations, including but not limited to the U.S. Department of Labor <br />guidelines and regulations, including amendments or revisions made during the terms of this <br />Agreement. Said applicable laws are hereby incorporated by reference and made as part of this <br />Agreement as though fully set forth herein. <br />B. CONSULTANT also assures and certifies that: <br />1. CONSULTANT shall comply with any and all federal laws limiting the <br />political activity of employees hired under this Agreement. <br />2. CONSULTANT shall provide the U.S. Department of Labor and the <br />Controller General, by and through any authorized representative, as well as the Santa Ana Local <br />Workforce Investment Area's Board, access to and the right to examine all records, books, <br />papers or documents relating to the accounting and use of funds under this Agreement for a <br />three-year period from and after the effective date of this Agreement. <br />3. No person with responsibilities in the operation of any program under the <br />Workforce Investment Act grant shall discriminate with respect to any program participant or <br />any application for participation in such program because of race, creed, color, national origin, <br />sex, political affiliation or beliefs. <br />4. CONSULTANT shall maintain appropriate standards for health and safety <br />in work and transportation situations. <br />5. CONSULTANT shall comply with general provisions, assurances, and <br />certifications set forth in Exhibit D attached hereto and incorporated herein by reference. <br />6. Any literature distributed by CONSULTANT for the purpose of apprising <br />businesses, participants, or the general public of its programs under this Agreement shall state <br />that its programs are supported by the City of Santa Ana and the Santa Ana Workforce <br />Investment Board, and shall state that the program is an "equal opportunity employer/program" <br />and that "auxiliary aids and services are available upon request to individuals with disabilities." <br />7. CONSULTANT certifies that all property, finished or unfinished <br />documents, data, studies and reports prepared or purchased by the CONSULTANT under this <br />Agreement, will be disposed of in accordance with the direction of the CITY. In addition, any <br />tools and/or equipment furnished to the CONSULTANT by the CITY and/or purchased by the <br />CONSULTANT with funds pursuant to this Agreement, will be limited to use within the <br />activities outlined in this agreement and will remain the property of the United States <br />Government and/or CITY. Upon termination of this Agreement, CONSULTANT will <br />immediately return such tools and/or equipment to the CITY or dispose of them in accordance <br />with the direction of the CITY. <br />SVI-115212v2 4