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perform contracts. The Contractor shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the
<br />award and performance of DOT-assisted contracts.
<br />H-GAC has established a goal of 22% DBE participation in its FTA third party contracting opportunities. There, any contract
<br />issued under this Agreement will carry a 22% DBE participation goal.
<br />8. TITLE VI ASSURANCE
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<br />During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the
<br />"Contractor") agrees as follows:
<br />(a) Compliance with Regulations. The Contractor shall comply with the regulations relative to nondiscrimination in Federally-
<br />assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as
<br />they may be amended from time to time (hereinafter referred to as the "Regulations"), which are herein incorporated by reference
<br />and made a part of this Contract.
<br />(b) Nondiscrimination. The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the
<br />grounds of race, color, religion, sex, age, or national origin in the selection and retention of subcontractors, including procurement
<br />of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination
<br />prohibited by Section 21.5 of the Regulation including employment practices when the Contract covers a program set forth in
<br />Appendix B of the Regulations.
<br />(c) Solicitation for Subcontracts, including Procurement of Materials and Equipment. In all solicitations either by competitive
<br />bidding or negotiation made by the Contractor for work to be performed under the subcontract, including procurement of
<br />materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's
<br />obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, religion, age, sex,
<br />or national origin.
<br />(d) Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives
<br />issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as
<br />may be determined by H-GAC or the Department of Transportation (DOT) to be pertinent to ascertain compliance with such
<br />regulations, orders, and instructions. Where any information is required of a Contractor and is in the exclusive possession of
<br />another who fails or refuses to furnish this information, the Contractor shall so certify to H-GAC or the Department of
<br />Transportation, as appropriate and shall set forth what efforts it has made to obtain the information.
<br />(e) Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
<br />Contract, the District shall impose such contract sanctions as it or the Department of Transportation may determine to be
<br />appropriate, including, but not limited to:
<br />(1) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or
<br />(2) Cancellation, termination, or suspension of the Contract, in whole or in part.
<br />(f) Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (a) through (f) in every subcontract,
<br />including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant
<br />hereto. The Contractor shall take such action with respect to any subcontract or procurement as H-GAC may direct as a means of
<br />enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes
<br />involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may
<br />request H-GAC to enter into such litigation to protect the interests of H-GAC and, in addition, the Contractor may request the
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<br />H-GAC--10/98; 3/05--SpecProvIA
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