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Agreement No. ####### <br />AGENCY <br />Page 7 of 14 <br />Disabilities Act (ADA) of 1990 as amended, which prohibits discrimination on the <br />basis of disability, as well as all applicable regulations and guidelines issued <br />pursuant to the ADA. (42 U.S.C. 12101 et seq.) <br />12. Indemnification <br />AGENCY agrees to indemnify, defend and save harmless the CALTRANS, its <br />officers, agents and employees from any and all claims and losses accruing or <br />resulting to any and all contractors, subcontractors, subrecipients, and any other <br />person, firm or corporation furnishing or supplying work services, materials, or <br />supplies in connection with the performance of this Agreement, and from any and all <br />claims and losses accruing or resulting to any person, firm or corporation who may <br />be injured or damaged by AGENCY in the performance of this Agreement. <br />13. Non -Discrimination <br />A. During the performance of this FTA, AGENCY and all of its subcontractors and its <br />subrecipients, if any, shall not unlawfully discriminate, harass or allow <br />harassment, against any employee or applicant for employment because of sex, <br />race, color, ancestry, religious creed, national origin, disability (including HIV and <br />AIDS), mental disability, medical condition (cancer), age (over 40), marital status, <br />denial of family and medical care leave, and denial of pregnancy disability leave. <br />AGENCY, its subcontractors, and subrecipients shall ensure that the evaluation <br />and treatment of their employees and applicants for employment are free from <br />such discrimination and harassment. AGENCY, its subcontractors and sub - <br />recipients shall comply with the provisions of the Fair Employment and Housing <br />Act (Government Code [GC] Section 12900 et seq.) as amended and the <br />applicable regulations promulgated thereunder (California Code of Regulations, <br />Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair <br />Employment and Housing Commission implementing GC Section 12990 (a -f), set <br />forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, <br />are incorporated into this FTA by this reference and are made a part hereof as if <br />set forth in full. AGENCY, its subcontractors, and sub -recipients shall give written <br />notice of their obligations under this clause to labor organizations with which they <br />have a collective bargaining or other collective bargaining agreements in place. <br />B. AGENCY shall include the nondiscrimination and compliance provisions of this <br />clause in all subcontracts to perform work under this FTA. <br />C. Section 111.23, below, Federal Funding Requirements, relative to <br />nondiscrimination on federally assisted projects is applicable to this FTA and <br />enforceable against AGENCY. <br />D. AGENCY shall comply with Title VI of the Civil Rights Act of 1964, as amended. <br />