Res 1990-098 - Laserfiche WebLink

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G19. Nondiscrimination (cont.) 4. Information and Reports: The Local Government shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources ofinformation and its facilities as may be determined by the State Department of Highways and Public Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government shall so certify to the State Depart- ment of Highways and Public Transportation or the U.S. Department of Trans porta- tion as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Local Government's noncom- pliance with the nondiscrimination provisions of this contract, the State Department of Highways and Public Transportation shall impose such contract sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: . withholding of payments to the Local Government under the contract until the Local Government complies, and/or . cancellation, termination, or suspension of the contract in whole or in part 6. Incorporation of Provisions: The Local Government shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pur- suant thereto. The Local Government shall take such action with respect to any sub- contract or procurement as the State Department of Highways and Public Trans- portation may direct as a means of enforcing sueh provisions including sanctions for noncompliance; provided, however, that in the event a Local Government becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Local Government may request the State Department of Highways and Public Transportation to enter into such litigation to protect the interests of the State; in addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. G20. Minority Business Enterprise It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the maximum opportuni- ty to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this contract as follows. Page 11 of 13