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5. Contractor hereby agrees that Contractor will comply with affirmative action and
<br />the previsions of Section 3 of the Housing and Urban Development Act of 1968, the regulations
<br />set forth in 24 CFR part 135 and all applicable rules and orders of the U.S. Department of
<br />Housing and Urban Development, Contractor hereby adopts and agrees to comply with City's
<br />Affirmative Action Plan. Contractor further acknowledges and agrees to comply with the
<br />Federal Equal Employment Opportunity goals for women and minorities in San Mateo County.
<br />Contractor shall furnish to City monthly data and to the U.S. Department of Labor, monthly data
<br />to evidence compliance with the equal employment opportunity goals.
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<br /> 6. Contractor hereby warrants and agrees that, in the performance of the terms and
<br />conditions of this Agreement, Contractor will not, in connection with the employment,
<br />advancement or discharge of employees, or in connection with the terms, conditions or
<br />privileges of their employment, discriminate against persons because of their age, except upon
<br />the basis of a bona fide occupational qualification, retirement plan or statutory requirement, and
<br />will not specify or request, in solicitations or advertisement for employees to work pursuant to
<br />this Agreement, a maximum age limit unless based upon a bona fide occupational qualification,
<br />retirement plan or statutory requirement.
<br />
<br /> Contractor further warrants and agrees that Contractor will comply with all provisions of
<br />Executive Order 11246 of September 24, 1965, and with the rules, regulations and relevant
<br />orders of the Secretary of Labor; and the California Fair Employment and Housing Act (Part 2.8
<br />(commencing with Section 12900 et seq.) of Division 3 of Title 2 of the Government Code) and
<br />that Contractor will not discriminate against any employee or applicant for employment because
<br />of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV
<br />and AIDS), mental disability, medical condition, age, marital status, or denial of family care
<br />leave. Contractor will take affirmative action to ensure that applicants are employed, and that
<br />employees are treated equally during employment, without regard to their sex, race, color,
<br />ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental
<br />disability, medical condition, age, marital status or denial of family care leave. Such affirmative
<br />action shall include, but not be limited to the following: employment, upgrading, demotion or
<br />transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
<br />of compensation and selection for training, including apprenticeship.
<br />
<br /> 7. Contractor hereby agrees that Contractor will comply with the provisions of
<br />Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities
<br />Act of 1990 providing equal access and reasonable accommodations in employment programs
<br />and services to qualified persons who are disabled.
<br />
<br /> 8. It is hereby agreed by the parties to the Agreement that in case all work called for
<br />under the Agreement is not finished or completed on or before the time set forth in this
<br />Agreement, damage will be sustained by City, and that it is and will be impracticable and
<br />extremely difficult to ascertain and determine the actual damage which the City will sustain in
<br />event of and by reason of such delay; it is therefore agreed Contractor will pay to City the sum
<br />calculated at the rate of Five Hundred and No/100 dollars ($500.00) per day as liquidated
<br />damages for each and every day's delay in finishing the work in excess of the number of
<br />working days prescribed, and Contractor agrees to pay said liquidated damages as herein
<br />provided, and in case the same are not paid, agrees that City may deduct the amount thereof
<br />from any monies due or that may become due under this Agreement.
<br />
<br /> It is further agreed that in case the work called for under this Agreement is not
<br />completed in all of its parts and requirements within the number of calendar days specified, City
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<br />F:Atty/Agr/Agr.068 5
<br />082002
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