Res 2011-153 - Laserfiche WebLink

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nondiscrimination on the grounds of race, color, religion, age, sex, marital status, or national origin. 4. Information and Reports. Consultant will provide all information and reports required by the Regulations or directives issued pursuant thereto and will permit access to its books, records, accounts, and other sources of information and its facilities, as may be determined by the Recipient or FTA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information is required or is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant will so certify to the City or FTA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City will impose such sanctions as it or FTA may determine to be appropriate including, but not limited to: a. Withholding of payments to Consultant under this Agreement until Consultant complies; and/or b. Cancellation, termination, or suspension of this Agreement, in whole or in part. 6. Incorporation of Provisions. The Consultant will include these provisions of Paragraphs 1 through 6 of this Section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Consultant may request that the City enter into such litigation to protect the interests of the City and, in addition, the Consultant may request the services of the U.S. Attorney General in such litigation to protect the interests of the United States. D. Prohibited Interest. No employee, officer, or agent of the City will participate in selection or in the award of administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: the employee, officer, or agent; any member of his or her immediate family; his or her partner; or an organization which employs, or is about to employ, such individuals; has a financial or other interest in the firm selected for award. The City's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from Consultant, potential consultants, or parties of subcontracts. 11