REQUIRED CERTIFICATIONS All forms must be properly signed and notarized (as required) and returned with the Technical Proposal. Fair Employment Practices Certificate Non Collusion Affidavit Certification Concerning Control of Employee of <strong>Contra</strong>ctor Certification Regarding Workers’ Compensation 46
FAIR EMPLOYMENT PRACTICES CERTIFICATE In connection with the performance of work under this Agreement, the Proposer agrees as follows: 1. The Proposer shall comply with the State Fair Employment and Housing Act (Gov't Code § 12900 et seq.), and the regulations promulgated by the State Fair Employment and Housing Commission to implement said Act. 2. In the performance of the Agreement, Proposer agrees that it shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in any manner prohibited by law. Proposer shall take affirmative action to ensure that applicants are hired and that employees are treated during employment in accordance with this non-discrimination obligation. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Proposer shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this section. 3. The Proposer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, advising the said labor union or workers’ representative of the Proposer's commitments under this section; and the Proposer shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. Proposer shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment and Housing Commission, ECCTA or other appropriate agency of the state, for the purpose of investigation to ascertain compliance with the State Fair Employment and Housing Act. 5. A finding of willful violation of the Fair Employment Practices section of this Agreement or of the Fair Employment Practices Act shall be regarded by ECCTA as a basis for determining the Proposer to be not “responsible" as to future contracts for which such Proposer may submit proposals, for revoking the Proposer's pre-qualification rating, if any, and for refusing to establish, re-establish, or renew a pre-qualification rating for the Proposer. 6. ECCTA shall deem a finding of willful violation of the Fair Employment and Housing Act to have occurred upon receipt of written notice from the Fair Employment and Housing Commission that it has investigated and determined that the Proposer has violated the Fair Employment and Housing Act and has issued an order under Government Code §12970 or obtained a court order under Government Code §12973. 47