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(v) The Consultant will comply with all provisions of Executive Order 11246 of
<br />September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />(vi) The Consultant will furnish all information and reports required by
<br />Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
<br />Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
<br />by the administering agency and the Secretary of Labor for purposes of investigation to ascertain
<br />compliance with such rules, regulations, and orders.
<br />(vii) In the event of the Consultant's noncompliance with the nondiscrimination
<br />clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement
<br />may be canceled, terminated, or suspended in whole or in part and the Consultant may be
<br />declared ineligible for further Government contracts or federally assisted construction contracts
<br />in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
<br />such other sanctions may be imposed and remedies invoked as provided in Executive Order
<br />11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
<br />otherwise provided by law.
<br />(viii) The Consultant will include the portion of the sentence immediately
<br />preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or
<br />purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
<br />pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
<br />will be binding upon each subcontractor or vendor. The Consultant will take such action with
<br />respect to any subcontract or purchase order as the administering agency may direct as a means
<br />of enforcing such provisions, including sanctions for noncompliance:
<br />Provided, however, that in the event the Consultant becomes involved in, or is threatened with,
<br />litigation with a subcontractor or vendor as a result of such direction by the administering agency,
<br />the Consultant may request the United States to enter into such litigation to protect the interests
<br />of the United States.
<br />The City further agrees that it will be bound by the above equal opportunity clause with respect to
<br />its own employment practices when it participates in federally assisted construction work:
<br />Provided, That if the City so participating is a State or local government, the above equal
<br />opportunity clause is not applicable to any agency, instrumentality or subdivision of such
<br />government which does not participate in work on or under the Agreement.
<br />The City agrees that it will assist and cooperate actively with the administering agency and the
<br />Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the
<br />equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,
<br />that it will furnish the administering agency and the Secretary of Labor such information as they
<br />may require for the supervision of such compliance, and that it will otherwise assist the
<br />administering agency in the discharge of the agency's primary responsibility for securing
<br />compliance.
<br />The City further agrees that it will refrain from entering into any contract or contract modification
<br />subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who
<br />has not demonstrated eligibility for, Government contracts and federally assisted construction
<br />BB&K (2021) Exhibit "A-1-2" PROFESSIONAL SERVICES AGREEMENT
<br />55394.00000\40418052.1
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