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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 warranry, 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 or <br />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 Ectual Opportunit�Employment. Consultant represents that it is an equal <br />opportunity employer and it shall not discriminate aeainst any sub-consultant, employee or <br />applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex <br />or age. Such non-discrimination shall include, but not be limited to, all acrivities related to <br />nutial employment, upgrading, demotion, transfer, recruihnent 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 pr borams 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 Califomia Labor Code which require every <br />employer to be insured against liability for Worker's Compensation or to undertake self-insurance <br />in accordance with the provisions of that Code, and agrees to comply with such provisions before <br />commencing the performance of the Services. <br />3.5.21 Authoritv to Enter Aqreement. 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, ri=ht, and <br />authoriry to make this Agreement and bind each respective Party. <br />3.5.22 Counterparts. This Agreement may be signed in counterparts, each of <br />which shall constitute an original. <br />3.6 Subcontracting. <br />3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of <br />the Service required by this Agreement, except as expressly stated herein, without prior <br />written approval of City. Sub-consultants if any, shall contain a provision making them <br />subject to all provisions stipulated in this Agreement. <br />(Signatures on next page) <br />12 <br />