Agmt 2002 Winsources, additional

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5. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent. Contractor 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. Contractor 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, Contractor 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, Contractor shall comply with the Affirmative Action Program and Equal Employment requirements of the City. 1. During the performance of this Agreement, Contractor agrees as follows: a. Contractor will not discriminate against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, handicap, age, or national origin. Contractor 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. b. Contractor 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, Contractor 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 female-owned enterprises based in San Leandro shall have maximum practicable opportunity for subcontractor work under this Agreement. Exhibit D Page 4 of 6 6/12/95 rev. Definitive Networks,Inc. O 5/20/97 rev.