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are incorporated into this Agreement by reference and made a part hereof as if set <br />forth in full. Consultant and its subconsultants shall give written notice of their <br />obligations under this clause to labor organizations with which they have a <br />collective bargaining or other Agreement. <br />d. The Consultant shall comply with regulations relative to Title VI <br />(nondiscrimination in federally assisted programs of the Department of <br />Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of <br />Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of <br />federal assistance will implement and maintain a policy of nondiscrimination in <br />which no person in the state of California shall, on the basis of race, color, national <br />origin, religion, sex, age, disability, be excluded from participation in, denied the <br />benefits of or subject to discrimination under any program or activity by the <br />recipients of federal assistance or their assignees and successors in interest. <br />e. The 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 <br />on the basis of race, color, national origin, religion, sex, age, or disability in the <br />selection and retention of subconsultants, including procurement of materials and <br />leases of equipment. The Consultant shall not participate either directly or <br />indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S <br />Regulations, including employment practices when the Agreement covers a <br />program whose goal is employment. <br />f. Consultant, subrecipient or subconsultant will never exclude any person from <br />participation in, deny any person the benefits of, or otherwise discriminate against <br />anyone in connection with the award and performance of any contract covered by <br />40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national <br />origin. In administering the City components of the Disadvantaged Business <br />Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will <br />not, directly, or through contractual or other arrangements, use criteria or methods <br />of administration that have the effect of defeating or substantially impairing <br />accomplishment of the objectives of the DBE Program Plan with respect to <br />individuals of a particular race, color, sex, or national origin. <br />g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, <br />color, national origin, or sex in the performance of this Agreement, Consultant <br />shall carryout applicable requirements of 49 CPR 26 in the award and <br />administration of federal -aid contracts. <br />Failure by Consultant to carry out these requirements is a material breach of this <br />Agreement, which may result in the termination of this Agreement or such other <br />remedy, which the City deems appropriate, which may include, but is not limited <br />to: <br />1) Withholding monthly progress payment if applicable; <br />Page 14 <br />