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MTC/City of San Leandro
<br /> Bay Fair BART Transit Village Specific Plan EIR Funding Agreement
<br /> Page 19
<br /> ATTACHMENT D
<br /> FAIR EMPLOYMENT PRACTICES ADDENDUM
<br /> 1. In the performance of this Agreement, RECIPIENT shall not discriminate against any employee for
<br /> employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical
<br /> disability, medical condition, marital status, political affiliation, family and medical care leave,
<br /> pregnancy leave, or disability leave. RECIPIENT shall take affirmative action to ensure that employees
<br /> are treated during employment without regard to their race, sex, sexual orientation, color, religion,
<br /> ancestry, or national origin, physical disability, medical condition, marital status, political affiliation,
<br /> family and medical care leave,pregnancy leave, or disability leave. Such action shall include, but not be
<br /> limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment
<br /> advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
<br /> training, including apprenticeship. RECIPIENT shall post in conspicuous places, available to
<br /> employees for employment, notices to be provided by STATE setting forth the provisions of this Fair
<br /> Employment section.
<br /> 2. RECIPIENT, its contractor(s) and all subcontractors shall comply with the provisions of the Fair
<br /> Employment and Housing Act (Government Code Section 12900 et seq.), and the applicable regulations
<br /> promulgated thereunder(California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable
<br /> regulations of the Fair Employment and Housing Commission implementing Government Code, Section
<br /> 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are
<br /> incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of
<br /> the RECIPIENT'S contractors and all subcontractors shall give written notice of their obligations under
<br /> this clause to labor organizations with which they have a collective bargaining or other agreements, as
<br /> appropriate.
<br /> 3. RECIPIENT shall include the nondiscrimination and compliance provisions of this clause in all
<br /> contracts and subcontracts to perform work under this AGREEMENT.
<br /> 4. RECIPIENT shall permit access to the records of employment, employment advertisements,
<br /> application forms, and other pertinent data and records by STATE, the State Fair Employment and
<br /> Housing Commission, or any other agency of the State of California designated by STATE, for the
<br /> purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
<br /> 5. Remedies for Willful Violation:
<br /> (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon
<br /> receipt of a final judgment to that effect from a court in an action to which RECIPIENT was a party, or
<br /> upon receipt of a written notice from the Fair Employment and Housing Commission that it has
<br /> investigated and determined that RECIPIENT has violated the Fair Employment Practices Act and had
<br /> issued an order under Labor Code Section 1426 which has become final or has obtained an injunction
<br /> under Labor Code Section 1429.
<br /> (b)For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this
<br /> Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods
<br /> or services thereunder shall be borne and paid for by RECIPIENT and by the surety under the
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