2005/08/17 Council Agenda Packet

J are herein incorporated by reference and made a part of this Agreement. The contractor shall comply with the American Disabilities Act of 1992, as amended. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, creed, color, sex, age, marital status,national origin or handicap except for a bona fide occupational qualification in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations. 3. Solicitations For Subcontractors, Including Procurements Of Materials And Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status,national origin and handicap. 4. Information And Reports: The Contractor shall provide all information and reports required by the Regulations,or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the City, or the United States Depailuient of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions For Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or b. Cancellation, termination or suspension of the Agreement, in whole or in part. 6. Incorporation Of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subconsultant or procurement as the City or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction,the Contractor may request the City to enter into such litigation to protect the interests of the City, and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7 15