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During the performance of this contract, the contractor, for itself, its assignees and successors in
<br />interest (hereinafter referred to as the "Contractor") agrees as follows:
<br />(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to
<br />nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation
<br />(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
<br />amended from time to time, (hereinafter referred to as the Regulations), which are herein
<br />incorporated by reference and made a part of this Agreement.
<br />(2.) Nondiscrimination, The Contractor, with regard to the work performed during the contract,
<br />shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion
<br />or family status in the selection and retention of subcontractors, including procurements of
<br />materials and leases of equipment. The Contractor shall not participate either directly or
<br />indirectly in the discrimination prohibited by section 21.5 of the Regulations, including
<br />employment practices when the contract covers a program set forth in Appendix B of the
<br />Regulations.
<br />(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment:
<br />In all solicitations made by the Contractor, either by competitive bidding or negotiation for
<br />work to be performed under a subcontract, including procurements of materials or leases of
<br />equipment; each potential subcontractor or supplier shall be notified by the Contractor of the
<br />Contractor's obligations under this contract and the Regulations relative to nondiscrimination
<br />on the basis of race, color, national origin, sex, age, disability, religion or family status.
<br />(4.) Information and Reports: The Contractor shall provide all information and reports required
<br />by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
<br />records, accounts, other sources of information, and its facilities as may be determined by the
<br />Florida Department of Transportation, the Federal Highway Administration, Federal Transit
<br />Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
<br />Administration to be pertinent to ascertain compliance with such Regulations, orders and
<br />instructions. Where any information required of a Contractor is in the exclusive possession of
<br />another who fails or refuses to furnish this information the Contractor shall so certify to the
<br />Florida Department of Transportation, the Federal Highway Administration, Federal Transit
<br />Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
<br />Administration as appropriate, and shall set forth what efforts it has made to obtain the
<br />information.
<br />(5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
<br />nondiscrimination provisions of this contract, the Florida Department of Transportation shall
<br />impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
<br />Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
<br />Administration may determine to be appropriate, including, but not limited to:
<br />a. withholding of payments to the Contractor under the contract until the Contractor
<br />complies, and/or
<br />b. cancellation, termination or suspension of the contract, in whole or in part.
<br />(6,) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1)
<br />through (7) in every subcontract, including procurements of materials and leases of
<br />equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
<br />Contractor shall take such action with respect to any subcontract or procurement as the
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