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its agents, employees and assigns, from any wrongful or negligent act or omission <br />committed by any subcontractor or other person employed by or under the supervision <br />of the City for any purpose under this Agreement, and to indemnify the Commission, <br />including its agents, employees and assigns, from every expense, liability or payment <br />arising out of such wrongful or negligent act or omission. It is the intent of the parties <br />that the Commission assume no liability for the completion of the contemplated <br />improvements. <br /> <br /> (4) AMENDMENTS: Any change in this Agreement, whether by modification <br />or supplementation, must be accomplished by a formal contract amendment signed and <br />approved by the duly authorized representatives of the City and the Commission. <br /> <br /> (5) COMMISSION REPRESENTATIVE: The Commission's Chief Engineer is <br />designated as the Commission's representative for the purpose of administering the <br />provisions of this Agreement. The Commission's representative may designate by <br />written notice other persons having the authority to act on behalf of the Commission in <br />furtherance of the performance of this Agreement. <br /> <br /> (6) NONDISCRIMINATION ASSURANCE: With regard to work under this <br />Agreement, the City agrees as follows: <br /> <br /> (A) Civil Riqhts Statutes: The City shall comply with all state and <br />federal statutes relating to nondiscrimination, including but not limited to Title VI and <br />Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et <br />seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C. <br />§12101, et seq.). In addition, if the City is providing services or operating programs on <br />behalf of the Department or the Commission, it shall comply with all applicable <br />provisions of Title II of the "Americans with Disabilities Act". <br /> <br /> (B) Executive Order: The City shall comply with all the provisions of <br />Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of <br />Missouri, on the fourteenth (14th) day of January 1994, which executive order is <br />incorporated herein by reference and is made a part of this Agreement. This Executive <br />Order, which promulgates a Code of Fair Practices in regard to nondiscrimination, is <br />incorporated herein by reference and made a part of this Agreement. This Executive <br />Order prohibits discriminatory practices by the state, the City or its subcontractors <br />based on race, color, religion, national origin, sex, age, disability or veteran status. <br /> <br /> (C) Administrative Rules: The City shall comply with the administrative <br />rules of the United States Department of Transportation relative to nondiscrimination in <br />federally-assisted programs of the United States Department of Transportation (49 <br />C.F.R. Part 21) which are herein incorporated by reference and made part of this <br />Agreement. <br /> <br /> (D) Nondiscrimination: The City shall not discriminate on grounds of <br />the race, color, religion, creed, sex, disability, national origin, age or ancestry of any <br /> <br />-2- <br /> <br /> <br />