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<br /> 1 <br /> of the California Department of Industrial Relations for similar classifications of labor, <br /> Contractor and its subcontractors shall pay not less than the higher wage rate. City will <br /> not accept lower State wage rates not specifically included in the Federal minimum <br /> wage determinations. This includes "helper" (or other classifications based on hours of <br /> experience) ;)r any other classification not appearing in the Federal wage <br /> determination~'. Where Federal wage determinations do not contain the State wage rate <br /> determination otherwise available for use by Contractor and its subcontractors, <br /> Contractor and its subcontractors shall pay not less than the Federal minimum wage <br /> rate which most closely approximates the duties of the employees in question. <br /> (0) Contractor and each subcontractor shall furnish to City within seven (7) <br /> days after the regular payment date of the weekly payroll period, a statement with <br /> respect to wages paid to each of their respective employees, in accordance with the <br /> Davis-Bacon Act, as amended. <br /> (p) Violators of the aforementioned labor provisions shall be subject to <br /> penalties provided by appropriate state, federal and local statutes, the particulars of <br /> which are set forth more fully in the Contíact Specifications. <br /> 2. Contractor hereby agrees that Contractor will comply with affirmative action and <br /> the provisions of Section 3 of the Housing and Urban Development Act of 1968, the <br /> regulations set forth in 24 CFR part 135 and all applicable rules and orders of the U.S. <br /> Department of Housing and Urban Development, Contractor hereby adopts and agrees <br /> to comply with City's Affirmative Action Plan. Contractor further acknowledges and <br /> agrees to comply with the Federal Equal Employment Opportunity goals for women and <br /> Minorities in San Mateo County. Contractor shall furnish to City monthly data and to the <br /> U.S. Department of Labor, monthly data to evidence compliance with the equal <br /> employment opportunity goals. <br /> 3. Contractor hereby warrants and agrees that, in the performance of the terms and <br /> conditions of this Agreement, Contractor will not, in connection with the employment, <br /> advancement or discharge of employees, or in connection with the terms, conditions or <br /> privileges of their employment, discriminate against persons because of their age, <br /> except upon the basis of a bona fide occupational qualification, retirement plan or <br /> statutory requirement, and will not specify or request, in solicitations or advertisement <br /> for employees to work pursuant to this Agreement, a maximum age limit unless based <br /> upon a bona fide occupational qualification, retirement plan, or statutory requirement. <br /> 4. Contractor further warrants and agrees that Contractor will comply with all <br /> provisions of Executive Order 11246 of September 24, 1965, amended by Executive <br /> Order 12086, and with the rules, regulations and relevant orders of the Secretary of <br /> Labor; and the California Fair Employment and Housing Act (Part 2.8 [commencing with <br /> Section 12900 et seq.] of Division 3 of Title 2 of the Government Code) and that <br /> Contractor will not discriminate against any employee or applicant for employment <br /> because of race, sex, color, ancestry, religious creed, national origin, physical disability <br /> (including HIV and AIDS), mental disability, medical condition, age, marital status, or <br /> 5 <br /> ., .,.. , I ...." <br />