NEW MEXICO HIGHLANDS UNIVERSITY - 2014

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employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONSULTANT'S OBLIGATIONS A. Nondiscrimination. Consultant must comply with the following nondiscrimination statutes and their implementing regulations and must also comply with the requirements of any other nondiscrimination laws which may apply: (a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin (note: as clarified by Executive Order 13166, the applicant must take reasonable steps to ensure that limited English proficient (LEP) persons have meaningful access to the applicant's programs (see IMLS guidance at 68 Federal Register 17679, April 10, 2003)); (b) Section 504 of the' Rehabilitation Act of 1973, as amended (29 U.S.C. §701 et seq. including §794), which prohibits discrimination on the basis of disability (note: MLS applies the regulations in 45 CFR Part 1170 in determining compliance with Section 504 as it applies to recipients of Federal assistance); (c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681 -83, § 1685 -86), which prohibits discrimination on the basis of sex in education programs; and (d) the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §6101 et seq.), which prohibits discrimination on the basis of age. B. Debarment and Suspension Grantees are prohibited from doing business with any organization or person (as a recipient, subrecipient, contractor, or key employee) if they have been debarred or suspended by any Federal department or agency. The OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonproeurement) contained in 2 CFR Part 180 and the corresponding IMLS regulations contained in 2 CFR Part 3185 apply to IMLS grants. 4