Amendment No 1 to Interlocal Cooperative Agreement - Cleveland Rd. Brick Rd. - INDOT LaPorte

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Solicitations for Subcontracts,.Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the City of the City's obligations under this Agreement, and the Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, income status, limited English proficiency, or status as a veteran. . 4. Information and Reports: The City shall provide all information and reports 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 INDOT and FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to INDOT or FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncom liance: In the event of the City's noncompliance with the nondiscrimination provisions of this Agreement, INDOT shall impose such contract sanctions as it or FHWA may determine to be appropriate, including, but not limited to: (a) withholding payments to the City under the Agreement until the City complies, and/or {b) cancellation, termination or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The City shall 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 pursuant thereto. The City shall take such action with respect to any subcontract or procurement as INDOT or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance, provided, however, that in the event the City becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the City may request INDOT to enter into such litigation to protect the interests of INDOT, and, in addition, the City may request the United States of America to enter into such litigation to protect the interests of the United States of America. 2.32 Notice to Parties. Whenever any notice, statement or other communication is required under this Agreement, it shall be sent by E-mail, first class U.S. mail or via an established courier/delivery service to the following addresses, unless otherwise specifically advised: A. For INDOT: Michael Grylewicz -11-