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agreement. Consequently, the DBE requirements of 49 CFR Part 23 applies to this
<br />agreement.
<br />2. DBE Obligation. The City and Consultant agree to ensure that DBEs, as defined in 49
<br />CFR Part 23, have the maximum opportunity to participate in the performance of
<br />contracts and subcontracts financed in whole or in part with Federal funds provided under
<br />this Agreement. In this regard, City and Consultant will take all necessary and
<br />reasonable steps in accordance with 49 CFR Part 23 to ensure that DBEs have the
<br />maximum opportunity to compete for and perform contracts. The Consultant will not
<br />discriminate on the basis of race, color, religion, age, sex, marital status, or national
<br />origin in the award and performance of U.S. DOT - assisted contracts.
<br />B. Equal Employment Opportunity. In connection with the execution of this Agreement, the
<br />Consultant will not discriminate against any employee or applicant for employment because of
<br />race, color, religion, age, sex, marital status, or national origin. The Consultant will take
<br />affirmative action to ensure that applicants and employees are treated during application or
<br />employment, without regard to their race, color, religion, age, sex, marital status, or national
<br />origin. Such action will include, but not be limited to, the following: employment, upgrading,
<br />demotion, transfer, recruitment or recruitment advertising, layoffs or termination, rates of pay or
<br />other forms of compensation, and selection for training, including apprenticeships. Consultant
<br />further agrees to insert a similar provision in all subcontracts, except subcontracts for standard
<br />commercial supplies or raw materials.
<br />C. Title XIV Compliance. During the performance of this Agreement, Consultant, for itself, its
<br />assignees, and successors in interest agrees as follows:
<br />1. Compliance with Regulations. The Consultant will comply with the regulations relative
<br />to nondiscrimination in federally assisted programs of U.S. DOT, Title 49 CFR, Part 21,
<br />as they may be amended from time to time (hereinafter referred to as "the Regulations "),
<br />which are herein incorporated by reference and made a part of this Agreement.
<br />2. Nondiscrimination. The Consultant, with regard to the work performed by it during this
<br />Agreement, will not discriminate on the grounds of race, color, religion, age, sex, marital
<br />status, or national origin in the selection and retention of subcontractors, including
<br />procurements of materials and leases of equipment. Consultant will not participate, either
<br />directly or indirectly, in discrimination prohibited by Section 21.5 of the Regulations,
<br />including employment practices, when this Agreement covers a program set forth in
<br />Appendix B of the Regulations.
<br />3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment. In
<br />all solicitations, either by competitive bidding or negotiation made by the Consultant for
<br />work to be performed under a subcontract, including procurements of materials or leases
<br />of equipment, each potential subcontractor or supplier will be notified by Consultant of
<br />Consultant's obligations under this Agreement and the Regulations relative to
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