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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 33 <br /> <br /> <br />EXHIBIT B-3 <br /> <br />ATTACHMENT C <br /> <br />STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS <br /> <br />Caltrans Non – Discrimination <br /> <br />A. In the performance of work undertaken pursuant to the applicable Supplement, AGENCY shall not, <br />and shall affirmatively require that its contractors shall not, unlawfully discriminate, harass or allow <br />harassment, against any employee or applicant for employment because of sex, race, color, ancestry, <br />religious creed, national origin, physical disability (including HIV and AIDS), medical condition <br />(cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy disability <br />leave. <br /> <br />B. AGENCY shall ensure, and shall require that its contractors and all subcontractors and/or <br />subrecipients shall ensure, that the evaluation and treatment of their employees and applicants for <br />employment are free from such discrimination and harassment. AGENCY shall comply, and ensure that <br />its contractors and subcontractors and/or subrecipients 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 />12990 (af), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are <br />incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full. <br /> <br />C. Each of AGENCY’s contractors, subcontractors, and/or subrecipients shall give written notice of <br />their obligations under this clause to labor organizations with which they have collective bargaining or <br />other labor agreements. AGENCY shall include the non-discrimination and compliance provisions <br />hereof in all contracts and subcontracts to perform work under the applicable Supplement. <br /> <br />D. AGENCY shall comply with the nondiscrimination program requirements of Title VI of the Civil <br />Rights Act of 1964. Accordingly, 49 CFR Part 21, and 23 CFR Part 200 are made applicable to the <br />applicable Supplement by this reference. Wherever the term “Contractor” appears therein, it shall mean <br />AGENCY. <br /> <br />E. AGENCY shall permit, and shall require that its contractors, subcontractors, and subrecipients will <br />permit, access to all records of employment, employment advertisements, application forms, and other <br />pertinent data and records by the State Fair Employment Practices and Housing Commission or any <br />other agency of the State of California designated by STATE to investigate compliance with these non- <br />discrimination provisions. <br /> <br />406