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<br /> A. The Contractor warrants that he had not employed or retained any company or person, other
<br /> than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that
<br /> he has not paid or agreed to pay any company or person, other than a bona fide employee working solely
<br /> for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration,
<br /> contingent upon or resulting from the award or making of this Agreement. For breach or violation of this
<br /> warranty, the City shall have the right to annul this Agreement without liability or, in its discretion, to
<br /> deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee,
<br /> commission, percentage,brokerage fee, gift, or contingent fee.
<br /> B. The Contractor shall not engage, on a full or part-time basis, or other basis, during the period
<br /> of the Agreement, any professional or technical personnel who are, or have been at any time during the
<br /> period of this Agreement, in the employ of the United States Depaitinent of Transportation, the State of
<br /> Washington, or City, except regularly retired employees, without written consent of the public employer
<br /> of such person.
<br /> 14. Non-Discrimination.
<br /> A. The Contractor agrees not to discriminate against any client, employee or applicant for employ-
<br /> ment or for services because of race, creed, color, national origin, marital status, sex, age or handicap
<br /> except for a bona fide occupational qualification with regard to, but not Iimited to the following: employ-
<br /> ment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or
<br /> terminations, rates of pay or other forms of compensation, selection for training, rendition of services.
<br /> The Contractor understands and agrees that if it violates this provision, this Agreement may be
<br /> terminated by the City and further that the Contractor shall be barred from performing any services for
<br /> the City now or in the future unless a showing is made satisfactory to the City that discriminatory
<br /> practices have terminated and that recurrence of such action is unlikely.
<br /> B. During the performance of this Agreement, the Contractor, for itself, its assignees and successors
<br /> in interest agrees as follows:
<br /> 1. Compliance With Regulations: The Contractor shall comply with the Regulations
<br /> relative to nondiscrimination in the same manner as in Federal-assisted programs of the
<br /> Depai tinent of Transportation,Title 49, Code of Federal Regulations, Part 21, as they
<br /> may be amended from time to time, (hereinafter referred to as the Regulations), which
<br /> are herein incorporated by reference and made a part of this Agreement. The contractor
<br /> shall comply with the American Disabilities Act of 1992, as amended.
<br /> 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the
<br /> Agreement, shall not discriminate on the grounds of race, creed, color, sex, age,marital
<br /> status, national origin or handicap except for a bona fide occupational qualification in the
<br /> selection and retention of subconsultants, including procurements of materials and leases
<br /> of equipment. The Contractor shall not participate either directly or indirectly in the
<br /> discrimination prohibited by Section 21.5 of the Regulations, including employment
<br /> practices when the contract covers a program set forth in Appendix II of the Regulations.
<br /> 3. Solicitations For Subcontractors. Including Procurements Of Materials And Equipment:
<br /> In all solicitations either by competitive bidding or negotiation made by the Contractor
<br /> for work to be performed under a subcontract, including procurements of materials or
<br /> leases of equipment, each potential subconsultant or supplier shall be notified by the
<br /> Contractor of the Contractor's obligations under this Agreement and the Regulations
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