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C. Solicitations for Subcontracts, Including Procurement of Materials and
<br />Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant
<br />for work to be performed under a subcontract, including procurements of materials or leases of
<br />equipment, each potential subcontractor or supplier shall be notified by Consultant of
<br />Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination
<br />on the grounds of race, color, or national origin.
<br />D. Information and Reports: Consultant shall provide all information and reports
<br />required by the Regulations or directives issued pursuant thereto, and shall permit access to its
<br />books, records, accounts, other sources of information, and its facilities as may be determined by
<br />the City to be pertinent to ascertain compliance with such Regulations, orders and instructions.
<br />Where any information required of Consultant is in the exclusive possession of another who fails
<br />or refuses to furnish this information Consultant shall so certify to the City as appropriate, and
<br />shall set forth what efforts it has made to obtain the information.
<br />E. Sanctions for Noncompliance: In the event of Consultant's noncompliance with
<br />nondiscrimination provisions of this Agreement, the City shall impose Agreement sanctions as it
<br />may determine to be appropriate, including, but not limited to:
<br />1. Withholding of payments to Consultant under the Agreement until Consultant
<br />complies; and/or
<br />2. Cancellation, termination, or suspension of the Agreement, in whole or in
<br />part.
<br />F. Incomoration of Provisions: Consultant shall include the provisions of
<br />paragraphs (A) through (F) in every subcontract, including procurements of materials and leases
<br />of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
<br />Consultant shall take such action with respect to any subcontract or procurement as the City may
<br />direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
<br />however, that in the event Consultant becomes involved in, or is threatened with, litigation with a
<br />subcontractor or supplier as a result of such direction, Consultant may request the City to enter
<br />into such litigation to protect the interests of the City, and, in addition, Consultant may request
<br />the United States to enter into such litigation to protect the interests of the United States.
<br />25. DISCRIMINATION
<br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital
<br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
<br />by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
<br />other employment related activities. Consultant affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state and local laws and regulations.
<br />26. JURISDICTION - VENUE
<br />This Agreement and all questions relating to its validity, interpretation, performance, and
<br />enforcement shall be government and construed in accordance with the laws of the State of
<br />II
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