Agmt 2002 Shutts_Peter G AIA (2)

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such insurance are either not commercially available or that the City's interests are otherwise filly protected. 5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied; to act on behalf of City in any capacity whatsoever as an agent Consultant shall have no authority, express or implied, pursuant to this A~,reement to bind City to any obli<ration whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of~ any ri~~ht car obli~~ation pursuant to this A~~reement shall be void and of no etfect. 7. PERSONNEL. Consultant shall a~si~~n only competent personnel to pert~~rm ser~°ices pursuant to this Agreement In the c~~ent that City, in its sole discretion, at any time during the term of this Agreement desires the removal of any such persons, Consultant shall, immediately upon recei~~in~~ notice from city cat' such desire of City, cause the removal of such person or persons. 5. EQUAL EMPLC)YMENT OPPORTI_~NITY (a) Affirmative Action in Emplovment Consultant shall comply with the Affirmative Action Program and Equal Employment requirementsof the City. 1. During the performance of this Agu-eement, Consultant agrees as follows: a. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, handicap, age, or national origin. Consultant will take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, handicap, sex, sexual orientation, age, or national origin. Such action shall include but not be limited to the following_ employmment; upgrading; demotion or transfer; recruitment or recruihment advertising; layoff or termination; rates of pay or other forms of compensation; and selection from training, including apprenticeship. b. Consultant will incorporate the above Affirmative Action provisions in all sub-consultants for services covered by this Agreement. (b) Minority and Female-owned Business Enterprise. In connection with the performance of this Agreement, Consultant shall comply with the City's current policies and/or use its best effoirts to obtain the maximum utilization of minority- owned business enterprises based in San Leandro and ensure that minority and Exhibit D Page 4 of 6 320/324 West Estudillo Building Renovation