Page 22 - _ 180314 Special Yucaipa GSA Packet

Grant Agreement No. 46000XXXX
Page 20 of 38

Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third
party that has been approved by the Director of the Department of Industrial Relations (DIR) to operate
an LCP. Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp. For more
information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/dlse/
PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the
Labor Code, which requires every employer to be insured against liability for workers’ compensation or
to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before
commencing the performance of the work under this Agreement and will make its contractors and
subcontractors aware of this provision.
D.26) MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole
discretion approve non-material changes to the portions of Exhibit A which concern the budget and
schedule without formally amending this Grant Agreement. Non-material changes with respect to the
budget are changes that only result in reallocation of the budget and will not result in an increase in the
amount of the State Grant Agreement. Non-material changes with respect to the Project schedule are
changes that will not extend the term of this Grant Agreement. Requests for non-material changes to
the budget and schedule must be submitted by the Grantee to the State in writing and are not effective
unless and until specifically approved by the State’s Program Manager in writing.

D.27) NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors
or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee
or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion,
creed, national origin (including language use restriction), pregnancy, physical disability (including HIV
and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital
status, and denial of medial and family care leave or pregnancy disability leave. Grantee and its
contractors or subcontractors shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Grantee and its
contractors or subcontractors shall comply with the provisions of the California Fair Employment and
Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code
Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing the California Fair Employment and Housing Act are incorporated into this
Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining or
other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the Grant Agreement.
D.28) OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be
based upon, judgment, approval, review, or determination of either party hereto, such terms are not
intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or
determination to be arbitrary, capricious, or unreasonable.
D.29) PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of
$200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the
Grant Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in
accordance with Public Contract Code section 10353.
D.30) PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee
shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner
whatsoever all or any portion of any real or other property necessarily connected or used in conjunction
with the Project, or with Grantee’s service of water, without prior permission of State. Grantee shall not
take any action, including but not limited to actions relating to user fees, charges, and assessments that
could adversely affect the ability of Grantee meet its obligations under this Grant Agreement, without

Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 22 of 226