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erroneous certification, in addition to remedies available to the City of Santa Ana, the <br /> Federal Government may pursue available remedies, including but not limited to <br /> suspension andlor debarment. Consultant agrees to comply with the requirements of 49 ii <br /> CFR 29, Subpart C during the term of this Agreement. Consultant further agrees to <br /> include a provision requiring such compliance in its lower tier covered transactions. <br /> 22. DISADVATAGED BUSINESS ENTERPRISES <br /> a. This Agreement is subject to the requirements of Title 49, Code of Federal <br /> Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of <br /> Transportation Financial Assistance Programs. The national goal for participation of <br /> Disadvantaged Business Enterprises (DBE) is 10%. The DBE goal for this project is 1.67%. <br /> The Underutilized Disadvantaged Business Enterprise (UDBE) goal for this project is 2.22% <br /> b. Consultant shall not discriminate on the basis of race, color, national origin, or sex in <br /> the performance of this Agreement. Consultant shall carry out applicable requirements of 49 <br /> CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by <br /> Consultant to carry out these requirements is a material breach of this Agreement, which may <br /> result in the termination of this contract or such other remedy as City deems appropriate. Each <br /> subcontract the Consultant enters with a subcontractor must include the assurance in this <br /> paragraph (see 49 CFR 26.13(b)). <br /> 23. LOBBYING <br /> Consultant shall submit to the City a Certification Regarding Lobbying, in accordance <br /> with 49 CFR PART 20, in the form attached hereto as Exhibit C, attached hereto and <br /> incorporated by this reference. <br /> 24. CIVIL RIGHTS ASSURANCE <br /> During the performance of this Agreement, Consultant, for itself, its assignees and <br /> successors in interest agree as follows: <br /> A. Compliance with Regulations: Consultant shall comply with the Regulations <br /> relative to nondiscrimination in federally assisted programs of the Department of Transportation <br /> (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they maybe amended <br /> from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by <br /> reference and made a part of this Agreement. <br /> B. Nondiscrimination: Consultant, with regard to the work performed by it during <br /> the Agreement, shall not discriminate on the grounds of race, color, or national origin in the <br /> selection and retention of subcontractors, including procurements of materials and leases of <br /> equipment. Consultant shall not participate either directly or indirectly in the discrimination <br /> <br /> prohibited by Section 21.5 of the Regulations, including employment practices when the <br /> Agreement covers a program set forth in Appendix B of the Regulations. <br /> C. Solicitations for Subcontracts, Including Procurement of Materials and <br /> 10 <br /> 25A-14 <br /> <br />