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direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects <br />arising from this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to <br />have been suffered, by reason of the events referred to in this Section or by reason of the terms <br />of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold <br />harmless, and pay all costs for the defense of the City, including fees and costs for special <br />counsel to be selected by the City, regarding any action by a third party asserting that personal <br />injury, damages, just compensation, restitution, judicial or equitable relief due to personal or <br />property rights arises by reason of the terms of, or effects arising from this Agreement. City may <br />make all reasonable decisions with respect to its representation in any legal proceeding. <br />7. CONSULTANT'S OBLIGATIONS <br />A. Nondiscrimination. <br />Consultant must comply with the following nondiscrimination statutes and their <br />implementing regulations and must also comply with the requirements of any other <br />nondiscrimination laws which may apply: <br />(a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000 et seq.), which <br />prohibits discrimination on the basis of race, color, or national origin (note: as clarified <br />by Executive Order 13166, the applicant must take reasonable steps to ensure that limited <br />English proficient (LEP) persons have meaningful access to the applicant's programs (see <br />IMLS guidance at 68 Federal Register 17679, April 10, 2003)); <br />(b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §701 et seq. <br />including §794), which prohibits discrimination on the basis of disability (note: IMLS <br />applies the regulations in 45 CFR Part 1170 in determining compliance with Section 504 <br />as it applies to recipients of Federal assistance); <br />(c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681-83, <br />§ 1685-86), which prohibits discrimination on the basis of sex in education programs; and <br />(d) the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §6101 et <br />seq.), which prohibits discrimination on the basis of age. <br />B. Debarment and Suspension <br />Grantees are prohibited from doing business with any organization or person (as a <br />recipient, subrecipient, contractor, or key employee) if they have been debarred or suspended by <br />any Federal department or agency. <br />