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(d) Providing that Contractor's insurance coverage will be primary insurance with
<br />respect to City, its Council, officers, boards, commissions, employees, and
<br />agents, and any insurance or self-insurance maintained by City for itself, its
<br />Council, officers, boards, commissions, employees, or agents shall be in
<br />excess of Contractor's insurance and not contributory with it.
<br />e) Contractor shall submit to City, along with the certificate of insurance, a
<br />Worker's Compensation Waiver of Subrogation endorsement in favor of City,
<br />its officers, agents, employees, and volunteers.
<br />17. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. Contractor hereby
<br />warrants and agrees that, in the performance of this Agreement, it will not, in connection
<br />with the employment, advancement or discharge of employees, or in connection with the
<br />terms, conditions or privileges of their employment, discriminate against persons because
<br />of their age, except upon the basis of bona fide occupational qualification, retirement plan
<br />or statutory requirement, and will not specify, in solicitations or advertisement for
<br />employees to work on this Agreement, a maximum age limit, unless such limit is based
<br />upon a bona fide occupational qualification, retirement plan or statutory requirement.
<br />Contractor further warrants and agrees that it will comply with all provisions of
<br />Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations
<br />and relevant orders of the Secretary of Labor; and that it will not discriminate against any
<br />employee or applicant for employment because of race, color, religion, sex, sexual
<br />orientation, gender identify, or national origin. Contractor will take affirmative action to
<br />ensure that applicants are employed, and that employees are treated during employment,
<br />without regard to their race, color, religion, sex or national origin. Such action will include,
<br />but not be limited to, the following: employment, upgrading, demotion, or transfer,
<br />ATTY/AGR/2018.027/MID PEN MOSIAC GARDENTS (ATHERTON COURT)
<br />REV: 02-06-18 JS
<br />Page 14 of 41
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