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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
<br /> that he has not paid or agreed to pay any company or person, other than a bona fide employee working
<br /> solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
<br /> consideration, contingent upon or resulting from the award or making of this Agreement. For breach or
<br /> violation of this warranty, the City shall have the right to annul this Agreement without liability or, in
<br /> its discretion, to deduct from the Agreement price or consideration or otherwise recover, the full
<br /> amount of such fee, 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
<br /> period of the Agreement, any professional or technical personnel who are, or have been at any time
<br /> during the period of this Agreement, in the employ of the United States Department of Transportation,
<br /> the State of Washington, or City, except regularly retired employees, without written consent of the
<br /> public employer 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 limited to the following:
<br /> employment 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
<br /> successors 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 /> Department 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
<br /> contractor 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,
<br /> marital status, national origin or handicap except for a bona fide occupational
<br /> qualification in the selection and retention of subconsultants, including procurements of
<br /> materials and leases of equipment. The Contractor shall not participate either directly
<br /> or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
<br /> including employment practices when the contract covers a program set forth in
<br /> 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
<br /> relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital
<br /> status, national origin and handicap.
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