Eastern Contra Costa Transit Authority Contract ... - Tri Delta Transit

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.
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