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Item 26 - Pedestrian and Mobility Improvements Phase I
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06/06/2023 Regular & HA
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Item 26 - Pedestrian and Mobility Improvements Phase I
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12/12/2023 4:19:47 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
26
Date
6/6/2023
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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />PROJECT NO.: 22-1405 <br />PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I <br />The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act <br />of 1964, which prohibits recipients of federal financial assistance from excluding from a program or <br />activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or <br />national origin (42 U.S.C. § 2000d et seq), as implemented by Department of the Treasury Title VI <br />regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract <br />(or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any <br />program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by <br />Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by <br />reference and made apart of this contract (or agreement). <br />vi CONTRACTOR understands and agrees that if any real property or structure is <br />provided or improved with the aid of federal financial assistance by the Department of the Treasury, this <br />assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the <br />period during which the real property or structure is used for a purpose for which the federal financial <br />assistance is extended or for another purpose involving the provision of similar services or benefits. If any <br />personal property is provided, this assurance obligates the CONTRACTOR for the period during which it <br />retains ownership or possession of the property. <br />vii CONTRACTOR shall cooperate in any enforcement or compliance review <br />activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include <br />investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may <br />result from these actions. CONTRACTOR shall comply with information requests, on -site compliance <br />reviews, and reporting requirements. <br />viii CONTRACTOR shall maintain a complaint log and inform the Department of the <br />Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited <br />English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and <br />provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or <br />completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if <br />CONTRACTOR has received no complaints under Title VI. <br />ix CONTRACTOR must provide documentation of an administrative agency's or <br />court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any <br />voluntary compliance or other agreements between the CONTRACTOR and the administrative agency <br />that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, <br />CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the <br />subject of any court or administrative agency finding of discrimination, please so state. <br />(x) If CONTRACTOR makes sub -awards to other agencies or other entities, <br />CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the <br />applicable authorities covered in this assurance. <br />
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