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<br />Page 20 of 42 <br />orientation, gender identity, national origin, religion, disability, ancestry, or status <br />as a veteran in the selection and retention of contractors or subcontractors, <br />including procurements of materials and leases of equipment. The CITY shall not <br />participate either directly or indirectly in the discrimination prohibited by Section <br />21.5 of the Regulation, including employment practices when the Agreement <br />covers a program set forth in Appendix B of the Regulations. <br />3. Solicitations for Subcontracts, Including Procurements of Materials and <br />Equipment: In all solicitations either by competitive bidding or negotiation made <br />by the CITY for work to be performed under a subcontract, including procurements <br />of materials or leases of equipment, each potential contractor or subcontractor or <br />supplier shall be notified by the CITY of the CITY’s obligations under this <br />Agreement, and the Regulations relative to nondiscrimination on the grounds of <br />race, color, sex, sexual orientation, gender identity, national origin, religion, <br />disability, ancestry, income status, limited English proficiency, or status as a <br />veteran. <br />4. Information and Reports: The CITY 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 <br />as may be determined by INDOT and the FHWA to be pertinent to ascertain <br />compliance with such Regulations, orders and instructions. Where any information <br />required of the CITY is in the exclusive possession of another who fails or refuses <br />furnish this information, the CITY shall so certify to INDOT or the FHWA as <br />appropriate, and shall set forth what efforts it has made to obtain the information. <br />5. Sanctions for Noncompliance: In the event of the CITY’s noncompliance with the <br />nondiscrimination provisions of this Agreement, INDOT shall impose such <br />contract sanctions as it or the FHWA may determine to be appropriate, including, <br />but not limited to: (a) withholding payments to the CITY under the Agreement <br />until the CITY complies, and/or (b) cancellation, termination or suspension of the <br />Agreement, in whole or in part. <br />6. Incorporation of Provisions: The CITY shall include the provisions of paragraphs <br />1. through 5. above in every subcontract, including procurements of materials and <br />leases of equipment, unless exempt by the Regulations, or directives issued <br />pursuant thereto.