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privilege, or service voluntarily given or performed by a Party shall give the other Party any <br />contractual rights by custom, estoppel, or otherwise. <br />3.5.16 No Third Party Beneficiaries. There are no intended third party <br />beneficiaries of any right or obligation assumed by the Parties. <br />3.5.17 lnvaliditv� Severabilit . If any portion of this Agreement is declared <br />invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining <br />provisions shall continue in full force and effect. <br />3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not <br />employed nor retained any company or person, other than a bona fide employee working solely <br />for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not <br />paid nor has it agreed to pay any company or person, other than a bona fide employee working <br />solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration <br />contingent upon or resulting from the award or making of this Agreement. For breach or <br />violation of this warranty, City shall have the right to rescind this Agreement without liability. <br />For the term of this Agreement, no member, officer or employee of City, during the term of his <br />or her service with City, shall have any direct interest in this Agreement, or obtain any present or <br />anticipated material benefit arising therefrom. <br />3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal <br />opportunity employer and it shall not discriminate against any subcontractor, employee or <br />applicant for employment because of race, religion, color, national origin, handicap, ancestry, <br />sex or age. Such non-discrimination shall include, but not be limited to, all activities related to <br />initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff <br />or termination. Consultant shall also comply with all relevant provisions of City's Minority <br />Business Enterprise program, Affirmative Action Plan or other related programs or guidelines <br />currently in effect or hereinafter enacted. <br />3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it <br />is aware of the provisions of Section 3700 of the California Labor Code which require every <br />employer to be insured against liability for Worker's Compensation or to undertake self- <br />insurance in accordance with the provisions of that Code, and agrees to comply with such <br />provisions before commencin.- the performance of the Services. <br />3.5.21 Authority to Enter Agreement. Consultant has all requisite power and <br />authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party <br />warrants that the individuals who have signed this Agreement have the legal power, right, and <br />authority to make this Agreement and bind each respective Party. <br />3.5.22 Countemarts. This Agreement may be signed in counterparts, each of <br />which shall constitute an original. <br />3.6 Subcontracting. <br />ORANUE\GPP\13728 I <br />