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ATTY/AGR/2016.053/CDM SMITH <br />REV: 03-22-16 JS <br />Page 10 of 18 <br /> <br />21.4 Consultant, with regard to the work performed by it during the Agreement shall <br />act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the <br />basis of race, color, national origin, religion, sex, age, or disability in the selection and <br />retention of subcontractors, including procurement of materials and leases of <br />equipment. Consultant shall not participate either directly or indirectly in the <br />discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including <br />employment practices when the Agreement covers a program whose goal is <br />employment. <br /> <br />21.5 Consultant shall include the nondiscrimination and compliance provisions of this <br />Section 21 in all subcontracts to perform work under the Agreement. <br /> <br />22. Debarment and Suspension Certification <br /> <br />22.1 Consultant’s signature affixed herein, shall constitute a certification under penalty <br />of perjury under the laws of the State of California, that Consultant has complied with <br />Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment <br />and Suspension (nonprocurement)”, which certifies that he/she or any person <br />associated therewith in the capacity of owner, partner, director, officer, or manager, is <br />not currently under suspension, debarment, voluntary exclusion, or determination of <br />ineligibility by any federal agency; has not been suspended, debarred, voluntarily <br />excluded, or determined ineligible by any federal agency within the past three (3) years; <br />does not have a proposed debarment pending; and has not been indicted, convicted, or <br />had a civil judgment rendered against it by a court of competent jurisdiction in any <br />matter involving fraud or official misconduct within the past three (3) years. Any <br />exceptions to this certification must be disclosed to City. <br />22.2. Exceptions will not necessarily result in denial of recommendation for award, but <br />will be considered in determining Consultant responsibility. Disclosures must indicate to <br />whom exceptions apply, initiating agency, and dates of action. <br />22.3 Exceptions to the Federal Government Excluded Parties List System maintained <br />by the General Services Administration are to be determined by the Federal highway <br />Administration. <br /> <br />23. Termination. <br /> <br />23.1 City reserves the right to terminate this Agreement upon thirty (30) calendar days <br />written notice to Consultant with the reasons for termination stated in the notice. <br /> <br />23.2 City may terminate this Agreement with Consultant should Consultant fail to <br />perform the covenants herein contained at the time and in the manner herein provided. <br />In the event of such termination, City may proceed with the work in any manner deemed <br />proper by City. If City terminates this Agreement with Consultant, City shall pay <br />Consultant the sum due to Consultant under this Agreement prior to termination, unless <br />the cost of completion to City exceeds the funds remaining in the Agreement. In which <br />case the overage shall be deducted from any sum due Consultant under this Agreement <br />and the balance, if any, shall be paid to Consultant upon demand. <br /> <br />6.1.B. - Page 12