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SUBAWARD NO.002
<br /> Sub-Recipient warrants and represents that it has not employed or retained any company
<br /> or person, other than a bona fide employee working for it,to solicit or secure this Agreement and
<br /> that it has not paid or agreed to pay any company or person, other than a bona fide employee, any
<br /> fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or
<br /> resulting from the award or making of this Agreement. If Sub-Recipient breaches or violates this
<br /> warranty,City shall have the right to annul this Agreement without liability or, in its discretion,to
<br /> deduct from the amount in Section 3.1 of this Agreement, or otherwise recover,the frill amount of
<br /> such fee, commission, brokerage fee, gift,or contingent Fee.
<br /> XIX. CIVIL RIGHTS
<br /> 19.1 Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as
<br /> amended (42 U.S.C. §2000d), section 303 of the Age Discrimination Act of 1975, as amended (42
<br /> U.S.C. §6102), section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. §12132),
<br /> and federal transit law at 49 U.S.C. §5332, Sub-Recipient agrees that it will not discriminate
<br /> against any employee or applicant for employment because of race, color, creed, national origin,
<br /> sex, age, or disability. In addition, Sub-Recipient agrees to comply with applicable federal
<br /> implementing regulations and other implementing requirements FTA may issue.
<br /> 19.2 Equal Employment Opportunity. The following equal employment opportunity
<br /> requirements apply to this agreement:
<br /> (a) Race, Color, Creed, National Origin. Sex. In accordance with Title
<br /> V11 of the Civil Rights Act, as amended (42 U.S.C. §2000e),and federal transit law
<br /> at 49 U.S.C. §5332, Sub-Recipient agrees to comply with all applicable equal
<br /> employment opportunity requirements of the U.S. Department of Labor
<br /> regulations, "Office of Federal Contract Compliance Programs, Equal Employment
<br /> Opportunity, Department of Labor," 41 C.F.R. 60 et seq., (which implement
<br /> Executive Order No. 11246, "Equal Employment Oppo11unity," as amended by
<br /> Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
<br /> Employment Opportunity," 42 U.S.C. §2000e note), and with any applicable
<br /> federal statutes, executive orders, regulations, and federal policies that may in the
<br /> future affect construction activities undertaken in the course of the Project. Sub-
<br /> Recipient agrees to take affirmative action to ensure that applicants are employed,
<br /> and that employees are treated during employment, without regard to their race,
<br /> color, creed, national origin, sex, or age. Such action shall include, but not be
<br /> limited to, the following: employment, upgrading, demotion or transfer,
<br /> recruitment or recruitment advertising, layoff or termination; rates of pay or other
<br /> Corms of compensation; and selection for training, including apprenticeship. In
<br /> addition, Sub-Recipient agrees to comply with any implementing requirements
<br /> FTA may issue.
<br /> (b) Age Discrimination. In accordance with section 4 of the Age
<br /> Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §623 and
<br /> federal transit law at 49 U.S.C. §5332, Sub-Recipient agrees to refi-ain fi•om
<br /> discrimination against present and prospective employees for reason of age. In
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