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3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal <br />opportunity employer and it shall not discriminate against any subcontractor, employee or <br />applicant for employment because of race, religion, color, marital status, sexual orientation, <br />gender identity, gender expression, gender, medical conditions, genetic information, military <br />and veteran status, national origin, handicap, ancestry, sex or age. Such non-discrimination <br />shall include, but not be limited to, all activities related to initial employment, upgrading, <br />demotion, transfer, recruitment or recruitment advertising, layoff or termination. <br />3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is <br />aware of the provisions of Section 3700 of the California Labor Code which require every <br />employer to be insured against liability for Worker's Compensation or to undertake self- <br />insurance in accordance with the provisions of that Code, and agrees to comply with such <br />provisions before commencing the performance of the Services. <br />3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to <br />conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants <br />that the individuals who have signed this Agreement have the legal power, right, and authority to <br />make this Agreement and bind each respective Party. <br />3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall <br />constitute an original. <br />3.5.23 Non -appropriation. The City's liability under this Agreement shall not exceed the <br />City's appropriation to fund the Agreement. If the City Council fails to appropriate funds for a <br />fiscal year sufficient to allow the City to make timely payments to the Agreement under this <br />Agreement for such fiscal year (excluding any amounts in dispute), then the Contractor shall <br />have the right to stop work until Contractor receives from City all past -due payments and <br />evidence that sufficient funds have been appropriated by City. Any delay resulting from such <br />suspension shall be deemed caused by the City. If requested by Contractor, the City shall <br />provide information to the Contractor regarding the amounts appropriated for the Agreement. <br />3.6 Subcontracting. <br />3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work <br />required by this Agreement, except as expressly stated herein, without prior written approval of <br />City. Subcontracts, if any, shall contain a provision making them subject to all provisions <br />stipulated in this Agreement. <br />[signature page follows] <br />Page 12 of 13 <br />