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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 -f), 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 assignees 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 VI. Specifically, 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. <br />Page 12 of 14 <br />25F-16 <br />