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<br />directly or indirectly in the discrimination prohibited by Section 21.5 of the <br />Regulations, including employment practices when the contract covers a program set <br />forth in Appendix B of the Regulations. <br /> <br />(c) Solicitations for Subcontracts Includin~ Procurement of Materials and Equipment: In <br />all solicitations either by competitive bidding or negotiation made by the ENGINEER <br />for services to be performed under a subcontract, including procurement of materials <br />or leases of equipment, each potential subcontractor or supplier shall be notified by the <br />ENGINEER of the ENGINEER's obligations under this AGREEMENT and the <br />Regulations relative to nondiscrimination on the grounds of race, color, or national <br />origin. <br /> <br />(d) Information and Rel'Orts. The ENGINEER shall provide all information and reports <br />required by the Regulations or directives issued pursuant thereto and shall permit <br />access to its books, records, accounts, other sources of information, and its facilities as <br />may be determined by the CITY to be pertinent to ascertain compliance with such <br />Regulations, orders, and instructions. Where any information required of a ENGINEER <br />is in the exclusive possession of another who fails or refuses to furnish this <br />information, the ENGINEER shall so certify to the CITY or TxDOT, Division of <br />Aviation, as appropriate, and shall set forth what efforts it has made to obtain the <br />information. <br /> <br />(e) Sanctions for Noncompliance. In the event of the ENGINEER's noncompliance with <br />the nondiscrimination provisions of this AGREEMENT, the CITY shall impose such <br />contract sanctions as it is or TxDOT, Division of Aviation, may determine to be <br />appropriate, including, but not limited to: <br /> <br />(1) Withholding of payments to the ENGINEER under the AGREEMENT until the <br />ENGINEER complies, and/or <br /> <br />(2) Cancellation, termination, or suspension of the AGREEMENT, in whole or in part. <br /> <br />(f) IncOl;poration of Provisions: The ENGINEER shall include the provisions of <br />paragraphs (a) through (e) above, in every subcontract, including procurement of <br />materials and leases of equipment, unless exempt by the Regulations or directives <br />issued pursuant thereto. The ENGINEER shall take such action with respect to any <br />subcontract or procurement as the CITY or TxDOT, Division of Aviation, may direct <br />as a means of enforcing such provisions including sanctions for noncompliance; <br />provided, however, that in the event an ENGINEER becomes involved in, or is <br />threatened with, litigation with a subcontractor or supplier as a result of such <br />direction, the ENGINEER may request the CITY to enter into such litigation to protect <br />the interests of the CITY and, in addition, the ENGINEER may request the United <br />States to enter into such litigation to protect the interests of the United States. <br /> <br />11. This AGREEMENT represents the entire and integrated agreement between the CITY and <br />ENGINEER and supersedes all prior negotiations, representations or agreements, either <br />written or oral. This AGREEMENT may be amended only by written instrument signed <br />by both CITY and ENGINEER. <br /> <br />8 <br />