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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made <br />E\DWKLUGSDUW\DVDFRQVHTXHQFHRIDQ\DFWRURPLVVLRQRQWKHSDUWRIWKH&2168/7$17¶VHPSOR\HHVRURWKHU <br />persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation <br />and responsibility of the CONSULTANT. <br />The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this <br />AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this <br />AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly <br />retired employees, without written consent of the public employer of such person if he/she will be working on this <br />AGREEMENT for the CONSULTANT. <br />VIII. Nondiscrimination <br />During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, <br />subcontractors and successors in interest, agrees to comply with the following laws and regulations: <br />• Title VI of the Civil Rights Act of 1964 ‡ &LYLO5LJKWV5HVWRUDWLRQ$FWRI <br /> 86& &KDSWHU6XEFKDSWHU9†G 3XEOLF/DZ <br />WKURXJK GD ‡ $PHULFDQZLWK'LVDELOLWLHV$FWRI <br />‡ )HGHUDODLG+LJKZD\$FWRI 86& &KDSWHU†et. seq.) <br /> 86& &KDSWHU† ‡ &)53DUW <br />‡ 5HKDELOLWDWLRQ$FWRI• 49 CFR Part 21 <br /> 86& &KDSWHU6XEFKDSWHU9† • 49 CFR Part 26‡ $JH'LVFULPLQDWLRQ$FWRI‡ 5&: 86& &KDSWHU†et. seq.) <br />In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” <br />attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in <br />HYHU\VXEFRQWUDFWLQFOXGLQJSURFXUHPHQWRIPDWHULDOVDQGOHDVHVRIHTXLSPHQWXQOHVVH[HPSWE\WKH5HJXODWLRQV <br />or directives issued pursuant thereto. <br />IX. Termination of Agreement <br />The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten <br />  GD\VZULWWHQQRWLFHWRWKH&2168/7$17 <br />In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the <br />&2168/7$17D¿QDOSD\PHQWVKDOOEHPDGHWRWKH&2168/7$17IRUDFWXDOKRXUVFKDUJHGDQGDQ\DSSURSULDWH <br />¿[HGIHHSHUFHQWDJHDWWKHWLPHRIWHUPLQDWLRQRIWKLV$*5((0(17SOXVDQ\GLUHFWQRQVDODU\FRVWVLQFXUUHGXSWR <br />the time of termination of this AGREEMENT. <br />1RSD\PHQWVKDOOEHPDGHIRUDQ\6(59,&(6FRPSOHWHGDIWHUWHQ  GD\VIROORZLQJUHFHLSWE\WKH <br />CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice <br />of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this <br />VHFWLRQWKHQQR¿QDOSD\PHQWVKDOOEHGXHDQGWKH&2168/7$17VKDOOLPPHGLDWHO\UHLPEXUVHWKH$*(1&<IRU <br />any excess paid. <br />If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, <br />the above formula for payment shall not apply. <br />In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the <br />AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES <br />WRWKHGDWHRIWHUPLQDWLRQWKHDPRXQWRI6(59,&(6RULJLQDOO\UHTXLUHGZKLFKZDVVDWLVIDFWRULO\FRPSOHWHGWR <br />Agreement Number: <br />Page 7 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement <br />Revised  <br />PW 3829-001