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<br />a. Contractor will not discriminate against any employee or applicant <br />for employment because of race, color, religion, sex, sexual <br />orientation, handicap, age, or national origin. Contractor will take <br />affirmative action to ensure that applicants for employment are <br />employed, and that employees are treated during employment, <br />without regard to their race, color, religion, handicap, sex, sexual <br />orientation, age, or national origin. Such action shall include but <br />not be limited to the following: employment; upgrading; demotion <br />or transfer; recruitment or recruitment advertising; layoff or <br />termination; rates of pay or other forms of compensation; and <br />selection from training, including apprenticeship. <br />b. Contractor will incorporate the above Affirmative Action <br />provisions in all sub-consultants for services covered by this <br />Agreement. <br />(b) Minorityand Female-owned Business Enterprise. In connection with the <br />performance of this Agreement, Contractor shall comply with the City's current policies <br />and/or use its best efforts to obtain the maximum utilization of minority-owned business <br />enterprises based in San Leandro and ensure that minority and female-owned enterprises <br />based in San Leandro shall have maximum practicable opportunity for subcontractor <br />work under this Agreement. <br />(c) General Employment Provisions Relating to Handicap/Disability Discrimination. <br />No qualified individual with a handicap or disability shall, solely on the basis of such <br />handicap or disability, be subjected to discrimination in employment by Contractor. <br />(d) Reports. Contractor shall provide such reports and/or documents to City <br />demonstrating compliance with the terms hereof. <br />9. STANDARD OF PERFORMANCE. Contractor shall perform all services required <br />pursuant to this Agreement in the manner and according to the standards observed by a <br />competent practitioner of the profession in which Contractor is engaged in the geographical area <br />in which Contractor practices its profession. All instruments of service of whatsoever nature <br />which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, <br />first class and workmanlike manner and conform to the standards of quality normally observed <br />by a person practicing in Contractor's profession. <br />Exhibit D <br />6iizi9s rav. <br />5/20/97 rev. <br />G:A\ds\beth\dtproject_2002\contractual services agreement Apri12002 <br />Page 5 of 7 <br />