25. STATEMENT OF COMPLIANCE
<br />a. Consultant's signature affixed herein, and dated, shall constitute a certification
<br />under penalty of perjury under the laws of the State of California that Consultant
<br />has, unless exempt, complied with, the nondiscrimination program requirements of
<br />Government Code Section 12990 and Title 2, California Administrative Code,
<br />Section 8103,
<br />b. During the performance of this Agreement, Consultant and its subconsultants shall
<br />not unlawfully discriminate, harass, or allow harassment against any employee or
<br />applicant for employment because of sex, race, color, ancestry, religious creed,
<br />national origin, physical disability (including HIV and AIDS), mental disability,
<br />medical condition (e.g., cancer), age (over 40), marital status, and denial of family
<br />care leave. Consultant and subconsultants shall insure that the evaluation and
<br />treatment of their employees and, applicants for employment are free from such
<br />discrimination and harassment. Consultant and subconsultants shall comply with
<br />the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a -f)
<br />et seq.) and the applicable regulations promulgated thereunder (California Code of
<br />Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
<br />Employment and Housing Commission implementing Government Code Section
<br />12990 (a -t), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
<br />Regulations, are incorporated into this Agreement by reference and made a part
<br />hereof as if set forth in full. Consultant and its subconsultants shall give written
<br />notice of their obligations under this clause to labor organizations with which they
<br />have a collective bargaining or other Agreement.
<br />C. The Consultant shall comply with regulations relative to Title VI
<br />(nondiscrimination in federally -assisted programs of the Department of
<br />Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of
<br />Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of
<br />federal assistance will implement and maintain a policy of nondiscrimination in
<br />which no person in the state of California shall, on the basis of race, color, national
<br />origin, religion, sex, age, disability, be excluded from ,participation in, denied the
<br />benefits of or subject to discrimination under any program or activity by the
<br />recipients of federal assistance or their assignces and successors in interest.
<br />d. The Consultant, with regard to the work performed by it during the Agreement shall
<br />act in accordance with Title Vl. SpecificalIy, the Consultant shall not discriminate
<br />on the basis of race, color, national origin,, religion, sex, age, or disability in the
<br />selection and retention of subconsultants, including procurement of materials and
<br />leases of equipment. The Consultant shall not participate either directly or
<br />indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's
<br />Regulations, including employment practices when the Agreement covers a
<br />program whose goal is employment.
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