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Director of the California Department of Industrial Relations for similar classifications of labor, Contractor and its subcontractors shall pay not less than the higher wage rate. City and Agency will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by Contractor and its subcontractors, Contractor and its subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. (0) Contractor and each subcontractor shall furnish to City and Agency within seven (7) days after the regular payment date of the weekly payroll period, a statement with respect to wages paid to each of their respective employees, in accordance with the Davis-Bacon Act, as amended. (p) Violators of the aforementioned labor provIsions shall be subject to penalties provided by appropriate state, federal and local statutes, the particulars of which are set forth more fully in the Contract Specifications. 2. Contractor hereby agrees that Contractor will comply with affirmative action and the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR part 135 and all applicable rules and orders of the U.S. Department of Housing and Urban Development, Contractor hereby adopts and agrees to comply with City's Affirmative Action Plan. Contractor further acknowledges and agrees to comply with the Federal Equal Employment Opportunity goals for women and Minorities in San Mateo County. Contractor shall furnish to City and Agency monthly data and to the U.S. Department of Labor, monthly data to evidence compliance with the equal employment opportunity goals. 3. Contractor hereby warrants and agrees that, in the performance of the terms and conditions of this Agreement, Contractor will not, in connection with the employment, advancement or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except upon the basis of a bona fide occupational qualification, retirement plan or statutory requirement, and will not specify or request, in solicitations or advertisement for employees to work pursuant to this Agreement, a maximum age limit unless based upon a bona fide occupational qualification, retirement plan, or statutory requirement. 4. Contractor further warrants and agrees that Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, amended by Executive Order 12086, and with the rules, regulations and relevant orders of the Secretary of Labor; and the California Fair Employment and Housing Act (Part 2.8 [commencing with Section 12900 et seq.] of Division 3 of Title 2 of the Government Code) and that Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, ancestry, religious creed, national origin, physical disability ATTY/AGR/2009.001 020409 21