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City of Santa Ana
<br />19-PGP-13895
<br />Page 6 of 8
<br />EXHIBIT D
<br />benefits, or be subjected to discrimination based on race, color, ancestry, national origin,
<br />sex, gender, gender identity, gender expression, genetic information, age, disability,
<br />handicap, familial status, religion, or belief, under any program or activity funded by this
<br />contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42
<br />USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975
<br />and all implementing regulations.
<br />C. The Grantee shall include the nondiscrimination and compliance provisions of this clause
<br />in all agreements with its sub -recipients, contractors, and subcontractors, and shall include
<br />a requirement in all agreements with all of same that each of them in turn include the
<br />nondiscrimination and compliance provisions of this clause in all contracts and
<br />subcontracts they enter into to perform work under the PGP.
<br />D. The Grantee shall, in the course of performing project work, fully comply with the
<br />applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits
<br />discrimination on the basis of disability, as well as all applicable regulations and guidelines
<br />issued pursuant to the ADA. (42 U.S.C. 12101 at seq.)
<br />E. The Grantee shall adopt and implement affirmative processes and procedures that provide
<br />information, outreach and promotion of opportunities in the PGP project to encourage
<br />participation of all persons regardless of race, color, national origin, sex, religion, familial
<br />status, or disability. This includes, but is not limited to, a minority outreach program to
<br />ensure the inclusion, to the maximum extent possible, of minorities and women, and
<br />entities owned by minorities and women, as required by 24 CFR 92.351.
<br />10. Litigation
<br />A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of
<br />competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not
<br />affect any other provisions of this Agreement and the remainder of this Agreement shall
<br />remain in full force and effect. Therefore, the provisions of this Agreement are, and shall
<br />be, deemed severable.
<br />B. The Grantee shall notify the Department immediately of any claim or action undertaken
<br />by or against it, which affects or may affect this Agreement or the Department, and shall
<br />take such action with respect to the claim or action as is consistent with the terms of this
<br />Agreement and the interests of the Department.
<br />11. Changes in Terms/Amendments
<br />This Agreement may only be amended or modified by mutual written agreement of both parties.
<br />12. State -Owned Data
<br />A. Definitions
<br />Planning Grants Program (PGP)
<br />NOFA Date: March 28, 2019
<br />Approved Date: October 17, 2019
<br />Prep. Date: March 12, 2020
<br />1 KIA
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