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CITY OF SANTA ANA <br /> APPENDIX B <br /> CONSTRUCTION CONTRACT AGREEMENT <br /> PROJECT NO.: 22-1415 <br /> MEMORIAL PARK AQUATICS CENTER PROJECT <br /> (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance <br /> constitutes a condition of continued receipt of federal financial assistance and is binding upon <br /> CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which <br /> such assistance is provided. <br /> (v) CONTRACTOR agrees to incorporate the following language in every contract or <br /> agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's <br /> subcontractors, successors,transferees and assignees: <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 a part 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 a part 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 activities <br /> 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 court's <br /> findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary <br /> compliance or other agreements between the CONTRACTOR and the administrative agency that made <br /> the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR <br /> must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court <br /> or administrative agency finding of discrimination,please so state. <br /> 14 of 15 <br />