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21 .4 Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI . Specifically, the Consultant shall not discriminate on the basis of race, color, national origin , religion , sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the U .S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. 21 .5 Consultant shall include the nondiscrimination and compliance provisions of this Section 21 in all subcontracts to perform work under the Agreement. 22. Debarment and Suspension Certification 22. 1 Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension , debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded , or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted , convicted , or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. 22.2. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action . 22.3 Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration . 23 . Termination . 23. 1 City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. 23.2 City may terminate this Agreement with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination , City may proceed with the work in any manner deemed proper by City. If City terminates this Agreement with Consultant, City shall pay Consultant the sum due to Consultant under this Agreement prior to termination, unless the cost of completion to City exceeds the funds remaining in the Agreement. In which case the overage shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall be paid to Consultant upon demand . ATTY/AG R/2016.053/CD M SMITH REV: 03-22-16 JS Page 10 of 18