Agmt 2002 Deaf Counseling Adovacy and Refferal Agency

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H. The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. RECIPIENT NO AGENT. Except as City may specify in writing, Recipient shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation 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 right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Recipient shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Recipient shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. 8. EQUAL EMPLOYMENT OPPORTUNITY A. Affirmative Action in Employment, Recipient shall comply with the Affirmative Action Program and Equal Employment requirements of the City. During the performance of the Agreement, Recipient agrees as follows: 1) Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, handicap, age, or national origin. Recipient 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: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection from training, including apprenticeship. 2) Recipient 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, Recipient shall comply with the City's current policies and/or use its best efforts to obtain the maximum utilization of minority- owned business enterprises based in San Leandro and ensure that minority and Exhibit D—DCARA page 4 of 6 July 15,2002 G:\Community Development\CDBG\DCARA\2002-03