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11. NON-DISCRIMINATION
<br />During the performance of this HHAP-COVID Agreement, Consultant and its
<br />subcontractors shall not deny the contract's benefits to any person on the basis of race, religious
<br />creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
<br />genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
<br />orientation, or military and veteran status, nor shall they discriminate unlawfully against any
<br />employee or applicant for employment because of race, religious creed, color, national origin,
<br />ancestry, physical disability, mental disability, medical condition, genetic information, marital
<br />status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
<br />veteran status. Consultant shall insure that the evaluation and treatment of employees and
<br />applicants for employment are free of such discrimination. Consultant and its subcontractors shall
<br />comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12900,
<br />et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, section 11000, et seq.),
<br />the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.
<br />Code sections 11135-11139.5), and the regulations or standards adopted by the awarding state
<br />agency to implement such article. Consultant shall permit access by representatives of the
<br />Department of Fair Employment and Housing and the awarding state agency upon reasonable
<br />notice at any time during the normal business hours, but in no case less than 24 hours' notice, to
<br />such of its books, records, account, and all other sources of information and its facilities as said
<br />Department or Agency shall require to ascertain compliance with this clause. Consultant and its
<br />subcontractors shall give written notice of their obligations under this clause to labor organizations
<br />with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
<br />section 11105.)
<br />12. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and
<br />Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
<br />the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
<br />of this Agreement shall prevail. This Agreement may not be modified except by written instrument
<br />signed by the City and by an authorized representative of Consultant. The parties agree that any
<br />terms or conditions of any purchase order or other instrument that are inconsistent with, or in
<br />addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
<br />party to this Agreement acknowledges that no representations, inducements, promises or
<br />agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
<br />party, which is not embodied herein.
<br />13. ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
<br />Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
<br />written consent of the City and any such assignment, transfer, delegation or subcontract without
<br />the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
<br />be construed to limit the City's ability to have any of the services which are the subject to this
<br />Agreement performed by City personnel or by other consultants retained by City.
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