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• C. Selecting of Subcontractors, Procurement of Materials and <br /> Leasing of Equi.pment: <br /> 1 . The CITY, with regard to the work performed by it after <br /> award and prior to completion of the Agreement work, <br /> will not discriminate on the grounds of race, color or <br /> national origin in the selection and retention of <br /> subcontractors, including procurements of materials and <br /> leases of equipment. The CITY will not participate <br /> either directly or indirectly in the discrimination <br /> prohibited by Section 21 .5 of the Regulations, including <br /> employment practices when the Agreement covers a program <br /> set forth in Appendix B of the Regulations. <br /> 2. In all solicitations either by competitive bidding or <br /> negotiation made by the CITY for work to be performed <br /> under a subcontract, including procurement of materials <br /> or leases of equipment, each potential subcontractor, <br /> supplier, or lessor shall be notified by the CITY of the <br /> CITY's obligations under this Agreement and the <br /> Regulation relative to nondiscrimination on the grounds <br /> of race, color or national origin. <br /> D. Information and Reports: The CITY will provide all <br /> information and reports required by the Regulations, or orders <br /> and instructions issued pursuant thereto, and will permit <br /> access to its books, records, accounts, other sources of <br /> information, and its facilities as may be determined by the <br /> DEPARTMENT, or UMTA to be pertinent to ascertain compliance <br /> with such Regulations, orders and instructions. Where any <br /> information required of the CITY is in the exclusive <br /> possession of another who fails or refuses to furnish this <br /> information, the CITY shall so certify the DEPARTMENT, or UMTA <br /> as appropriate, and shall set forth what efforts it has made <br /> to obtain the information. <br /> E. Incorporation of Provisions: The CITY will include these '� <br /> additional required Agreement provisions in every subcontract, <br /> including procurements of materials and leases of equipment, <br /> unless exempt by the Regulations or order, or instructions <br /> issued pursuant thereto. The CITY will take such action with <br /> respect to any subcontract, procurement, or lease as the <br /> DEPARTMENT, or UMTA may direct as a Means of enforcing such <br /> provisions including sanctions for noncompliance: Provided, <br /> however, that, in the event the CITY becomes involved in, or <br /> is threatened with, litigation with a subcontractor, supplier <br /> or lessor as a result of such directed action, the CITY may <br /> request the DEPARTMENT to enter into such litigation to <br /> protect the interest of the DEPARTMENT, and in addition, the <br /> CITY may request the United States to enter into such <br /> litigation to protect the interests of the United States. <br /> II-2 <br />