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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 shall <br />carryout applicable requirements of 49 CFR 26 in the award and administration of <br />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 />2) Assessing sanctions; <br />3) Liquidating damages; and/or <br />4) Disqualifying consultant from future proposing as non -responsible. <br />h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the <br />specific DBEs listed to perform the work and supply the materials for which each <br />is listed unless Consultant or DBE subconsultant obtains the City's written consent. <br />Consultant shall not terminate or substitute a listed DBE for convenience and <br />perform work with their own forces or obtain materials from other sources without <br />authorization from City. Unless the City's consent is provided, the Consultant shall <br />not be entitled to any payment for work or material unless it is performed or <br />supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE <br />Commitment form, included in the Bid. <br />Consultant shall notify City's designated representative of any changes to its <br />anticipated DBE participation before starting the affected work. Consultant shall <br />notify City of any notices of decertification or certification regarding a <br />subconsultant's DBE status. <br />Consultant shall provide all required DBE forms to the City as required pursuant to <br />applicable law. <br />k. All certifications required for the Bid are attached hereto as part of Exhibit B to the <br />Agreement. <br />In all solicitations either by competitive bidding or negotiation made by Consultant <br />for work to be performed under a Sub- agreement, including procurements of <br />materials or leases of equipment, each potential sub -applicant or supplier shall be <br />notified by Consultant of the Consultant's obligations under this Agreement and <br />Page 15 of 19 <br />