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