12-19-2019
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12-19-2019
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<br />Page 23 of 25 <br /> <br />52. CONTROLLING LAW AND VENUE. This Agreement, its interpretation and <br />performance, and any other claims related to it shall be controlled by the laws of the State <br />of North Dakota, and any action brought as a result of any claim, demand or cause of <br />action arising under the terms of this Agreement shall be brought in a court of competent <br />jurisdiction located in Cass County, North Dakota. <br /> <br />53. CIVIL RIGHTS OBLIGATIONS. Consultant shall comply with the following federal <br />non-discrimination requirements: <br /> <br />A. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on <br />race, color, and national origin, including limited English proficiency (LEP). <br />B. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination <br />against persons with disabilities. <br />C. The Age Discrimination Act of 1975, which prohibits age discrimination. <br />D. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, <br />which prohibits discrimination on the basis of sex. <br />E. 40 CFR Part 7, as it relates to the foregoing. <br />F. Executive Order No. 11246. <br /> <br />54. DEBARMENT AND SUSPENSION. Consultant certifies that it will not knowingly enter <br />into a contract with anyone who is ineligible under the 40 CFR Part 32 to participate in <br />the project. Suspension and debarment information can be accessed at <br />http://www.sam.gov. Consultant represents and warrants that it has or will include a term <br />or conditions requiring compliance with this provision in all its subcontracts under this <br />agreement. <br /> <br />55. FEDERAL LOBBYING RESTRICTIONS. Recipients of federal financial assistance <br />may not pay any person for influencing or attempting to influence any officer or <br />employee of a federal agency, a member of Congress, an officer or employee of <br />Congress, or an employee of a member of Congress with respect to the award, <br />continuation, renewal, amendment, or modification of a federal grant, loan, or contract. <br />These requirements are implemented for USEPA in 40 CFR Part 34, which also describes <br />types of activities, such as legislative liaison activities and professional and technical <br />services, which are not subject to this prohibition. Upon award of this contract, <br />Consultant shall complete and submit to the Metro Flood Diversion Authority the <br />certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. <br />Consultant shall also require all subcontractors and suppliers of any tier awarded a <br />subcontract over $100,000 to similarly complete and submit the certification and <br />disclosure forms pursuant to the process set forth in 40 CFR 34.110. <br /> <br />56. NO CONFLICT WITH PRIOR EMPLOYER. Consultant certifies that its role in <br />providing services pursuant to this Agreement does not violate any terms or conditions <br />associated with its Principal-in-Charge’s prior employment with the Authority’s Program <br />Management Consultant. Consultant has provided written confirmation evidencing this to <br />the Authority via electronic mail dated December 13, 2019, addressed to the Authority’s <br />Executive Director and General Counsel.
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