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<br /> 14. Non-Discrimination.
<br /> A. The Contractor agrees not to discriminate against any client,employee or applicant for
<br /> employment or for services because of race,creed, color,national origin,marital status, sex,age or
<br /> handicap except for a bona fide occupational qualification with regard to,but not limited to the following:
<br /> employment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or
<br /> terminations,rates of pay or other forms of compensation, selection for training, rendition of services.
<br /> The Contractor understands and agrees that if it violates this provision,this Agreement may be terminated
<br /> by the City and further that the Contractor shall be barred from performing any services for the City now
<br /> or in the future unless a showing is made satisfactory to the City that discriminatory practices have
<br /> terminated and that recurrence of such action is unlikely.
<br /> B. During the performance of this Agreement,the Contractor, for itself, its assignees and
<br /> successors in interest agrees as follows:
<br /> 1. Compliance With Regulations: The Contractor shall comply with the Regulations
<br /> relative to nondiscrimination in the same manner as in Federal-assisted programs of the
<br /> Department of Transportation,Title 49,Code of Federal Regulation,Part 21,as they may be
<br /> amended from time to time,(hereinafter referred to as the Regulations),which are herein
<br /> incorporated by reference and made a part of this Agreement. The Contractor shall comply
<br /> with the American Disabilities Act of 1992,as amended.
<br /> 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the
<br /> Agreement, shall not discriminate on the grounds of race, creed,color, sex,age, marital
<br /> status,national origin or handicap except for a bona fide occupational.qualification in the
<br /> selection and retention of subconsultants, including procurements of materials and leases of
<br /> equipment. The Contractor shall not participate either directly or indirectly in the
<br /> discrimination prohibited by Section 21.5 of the Regulations, including employment practices
<br /> when the contract covers a program set forth in Appendix II of the Regulation.
<br /> 3. Solicitations For Subcontractors, Including Procurement Of Materials and Equipment:
<br /> In all solicitations either by competitive bidding or negotiation made by the Contractor for
<br /> work to be performed under a subcontract, including procurements of materials or leases of
<br /> equipment,each potential subconsultant or supplier shall be notified by the Contractor of the
<br /> Contractor's obligations under this Agreement and the Regulations relative to
<br /> nondiscrimination on the grounds of race,creed, color,sex,age, marital status,national origin
<br /> and handicap.
<br /> 4. Information And Reports: The Contractor shall provide all information and reports
<br /> required by the Regulations,or directives issued pursuant thereto, and shall permit access to
<br /> its books, records,accounts, other sources of information,and its facilities as may be
<br /> determined by the City to be pertinent to ascertain compliance with such Regulations or
<br /> directives. Where any information required of the Contractor is in the exclusive possession
<br /> of another who fails or refuses to furnish this information the Contractor shall so certify to the
<br /> City,or the United States Department of Transportation as appropriate, and shall set forth
<br /> what efforts it has made to obtain the information.
<br /> 5. Sanctions For Noncompliance: In the event of the Contractor's noncompliance with
<br /> the nondiscrimination provisions of this Agreement,the City shall impose such sanctions as it
<br /> or the Federal Highway Administration may determine to be appropriate, including,but not
<br /> limited to:
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<br /> INCA Engineers,Inc
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