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
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