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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 />26. DEBARMENT AND SUSPENSION CERTIFICATION <br />a. Consultant's signature affixed herein, shall constitute a certification under penalty <br />of perjury under the laws of the State of California, that Consultant has complied <br />with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide <br />Debarment and Suspension (nonprocurement)", which certifies that he/she or any <br />person associated therewith in the capacity of owner, partner, director, officer, or <br />manager, is not currently under suspension, debarment, voluntary exclusion, or <br />determination of ineligibility by any federal agency; has not been suspended, <br />debarred, voluntarily excluded, or determined ineligible by any federal agency <br />within the past three (3) years; does not have a proposed debarment pending; and <br />has not been indicted, convicted, or had a civil judgment rendered against it by a <br />court of competent jurisdiction in any matter involving fraud or official misconduct <br />within the past three (3) years. Any exceptions to this certification must be <br />disclosed to City. <br />b. Exceptions to the Federal Government Excluded Parties List System maintained by <br />the General Services Administration are to be determined by the Federal highway <br />Administration. <br />27. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />Page 11 of 12 <br />