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MOU No.: M-025-18 <br />SCAG Project/OWP No.: 225356472.11 <br />c. Noncom ]tn •ante: In the event of noncompliance by either Party with the nondiscrimination <br />provisions of this MOU, the other Party may cancel, terminate or suspend the MOU, in whole <br />or in part. <br />d. If required by DOT, additional or alternate sanctions for noncompliance may be imposed. <br />e. The Congress of the United States, the Legislature of the State of California and the Governor <br />of the State of California, each within their respective jurisdictions, have prescribed certain <br />nondiscrimination requirements with respect to contract and other work financed with public <br />funds. CITY agrees to comply with the requirements of the Fair Employment Practices <br />Addendum (Exhibit E attached hereto) and the Nondiscrimination Assurances (Exhibit F <br />attached hereto). <br />16. Conflict of Interest <br />The Parties shall comply with Federal and State conflict of interest laws, regulations and policies. <br />17. Independent Contractor <br />CITY, officers, employees and agents shall be independent contractors in the performance of this <br />MOU, and not officers, employees, contractors or agents of SCAG. <br />18. Disputes <br />Except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, <br />the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing <br />other legal remedies: <br />a) A meeting shall be held promptly between the Parties that will be attended by the CITY's Project <br />Manager and SCAG's Project Manager as well as individuals with decision -making authority (to <br />the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the <br />dispute. <br />b) If the Parties are unsuccessful in resolving the dispute under (a) above, they may: <br />(1) agree to submit the matter to mediation, binding judicial reference, or a,private adjudicator (if <br />all Parties so agree); or <br />(2) initiate litigation following advance written notice to the other Party of not less than thirty (30) <br />days. <br />c) If any party should bring a legal action against the other to enforce the terms of this MOU, the <br />prevailing party shall be entitled to recover reasonable attorneys' fees and costs, as determined by <br />a court of competent jurisdiction in said proceeding. <br />19. Noncompliance <br />Febmary 26, 2019 <br />Page 13 <br />25C-15 <br />