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