1989-038-RES WHEREAS, FEDERAL AVIATION ADMINISTRATION HAS FUNDING AVAILABLE FOR ASSISTANCE FOR UPDATING AIRPORT

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CONTRACTOR CONTRACTUAL REQU__..<:!1EllTS ATTACIlMEllT 1 During the performance of this contr'ict, the contr'ictor, for itself, its assignees and successors in interest (hereinafter referred to as the "contr'ictor") agrees as follows: 1. Compliance with Regulations. Thecontr'ictor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transporta tion (hereinafter 1 II DOT II ) Title 49, Code of Federal Regulations, Part 21, .3.8 they may be amended from time to time (herein'ifter referred to as the Regulations), which are herein incorporated by reference and.made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it durin, the contract, shall not discriminate on the grounds of race, color, or national origin in the S8 lee tion and retention of subcontractors; including procurements of ma terials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the contractor , for work to be performed under a subcontract, including procurements of materials or leases of equipment, each pote~tia1 subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and report: required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any inform'ition required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate I and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractorls noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until tho contr~ctor complies, and/or b. Cancellation, termination I or suspension of the contract, in whole or in part. 6. Incorpora tion of Provisions. The con trec tor shod 1 include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the. Regulations or directives issued pu~su~~t the t"~to. The cont!:'3.ctor sh3.11 t3.ke such sction with respect to soy sub con tr::ic t or procure;ne:Jt as the sponsor or the FAA ;!BY direct as a means of enforcing .such provisioCl' including s~nctions for noncompliance. Provided, how~ver, thst in the event a contr~~t becomes involved in, a:: is threataned with, litig3.tLon with a subcontractoc or suppli-=::, is a result of such direction, the contr3.cto"C' may r3quest the sponsor to enter into Such li tig3. tion to .?rotet::t the .interests of the spons.:>:' 9.01, in addition, the cont!:".'3.":: tor ::l:J.j' request the United States to enter into sU0h litig3.tion to protect the inteC'-3sts of .~he Uni tad States. -3-