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XXVII <br />Incor oration of Provisions Reg uired by Law <br />Each provision and clause required by law to be inserted into the Contract shall be deemed to <br />be enacted herein and this Contract shall be read and enforced as though each were included herein. If <br />through mistake or otherwise any such provision is not inserted or is not correctly inserted, the <br />Contract shall be amended to make such insertion on application by either party. <br />CONSULTANT agrees and acknowledges that it is subject to all applicable requirements of the <br />master contract between CITY and the Texas Water Development Board, TWDB Contract No. <br />2000012422. CONSULTANT adopts by reference the requirements of Article IX of TWDB Contract <br />No. 2000012422 for this subcontract of the master contract. <br />XXVIII <br />Equal Employment Opportunity <br />During the performance of this contract, the CONSULTANT agrees as follows: <br />1. The CONSULTANT will not discriminate against any employee or applicant for employment because <br />of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT <br />will take affirmative action to ensure that applicants are employed, and that employees are treated during <br />employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or <br />national origin. Such action shall include, but not be limited to the following: <br />a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff <br />or termination; rates of pay or other forms of compensation; and selection for training, including <br />apprenticeship. <br />The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for <br />employment, notices to be provided setting forth the provisions of this nondiscrimination clause. <br />2. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of <br />the CONSULTANT, state that all qualified applicants will receive consideration for employment without <br />regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. <br />3. The CONSULTANT will not discharge or in any other manner discriminate against any employee or <br />applicant for employment because such employee or applicant has inquired about, discussed, or <br />disclosed the compensation of the employee or applicant or another employee or applicant. This <br />provision shall not apply to instances in which an employee who has access to the compensation <br />information of other employees or applicants as a part of such employee's essential job functions <br />discloses the compensation of such other employees or applicants to individuals who do not otherwise <br />have access to such information, unless such disclosure is in response to a formal complaint or charge, <br />in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted <br />by the employer, or is consistent with the CONSULTANT's legal duty to furnish information. <br />4. The CONSULTANT will send to each labor union or representative of workers with which he has a <br />collective bargaining agreement or other contract or understanding, a notice to be provided advising the <br />said labor union or workers' representatives of the CONSULTANT's commitments under this section, <br />and shall post copies of the notice in conspicuous places available to employees and applicants for <br />employment. <br />5. The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, <br />and of the rules, regulations, and relevant orders of the Secretary of Labor. <br />6. The CONSULTANT will furnish all information and reports required by Executive Order 11246 of <br />September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, <br />Professional Services Contract — FMA Program Funding Administration <br />Resource Management & Consulting Co. Page 10 of 18 <br />