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shall comply with all applicable rules and regulations to which City is bound by the terms of <br />such fiscal assistance program. <br />7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and <br />its employees, agents, and any subcontractors have all licenses, permits, qualifications, <br />and approvals of whatsoever nature that are legally required to practice their respective <br />professions. Consultant represents and warrants to City that Consultant and its <br />employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect <br />at all times during the term of this Agreement any licenses, permits, and approvals that are <br />legally required to practice their respective professions. In addition to the foregoing, <br />Consultant and any subcontractors shall obtain and maintain during the term of this <br />Agreement valid Business Licenses from City. <br />7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the <br />basis of a person's race, religion, color, national origin, age, physical or mental handicap or <br />disability, medical condition, marital status, sex, or sexual orientation, against any <br />employee, applicant for employment, subcontractor, bidder for a subcontract, or participant <br />in, recipient of, or applicant for any services or programs provided by Consultant under this <br />Agreement. Consultant shall comply with all applicable federal, state, and local laws, <br />policies, rules, and requirements related to equal opportunity and nondiscrimination in <br />employment, contracting, and the provision of any services that are the subject of this <br />Agreement, including but not limited to the satisfaction of any positive obligations required <br />of Consultant thereby. <br />Consultant shall not discriminate on the basis of race, color, national origin, or sex in the <br />performance of this contract. Consultant shall carry out applicable requirements of 49 <br />CFR part 26 in the award and administration of Department of Transportation -assisted <br />contracts. Failure by Consultant to carry out these requirements is a material breach of this <br />Agreement, which may result in the termination of this Agreement or such other remedy as <br />City deems appropriate. <br />Consultant shall include the provisions of this Subsection in any subcontract approved by <br />the Contract Administrator or this Agreement. <br />7.6 Fair Employment and Housing Act Provisions. During the performance of this <br />Agreement, Consultant and any subconsultants shall not unlawfully discriminate, harass, <br />or allow harassment against any employee or applicant for employment because of sex, <br />race, color, ancestry, religious creed, national origin, physical disability (including HIV and <br />AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and <br />denial of family care leave. Consultant and subconsultants shall insure that the evaluation <br />and treatment of their employees and applicants for employment are free from such <br />discrimination and harassment. Consultant and subconsultants shall comply with the <br />provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and <br />the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, <br />Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing <br />Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of <br />Consulting Services Agreement between May 18, 2015 <br />City of San Leandro and Raimi + Associates Page 9 of 15 <br />