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COOPERTIVE AGREEMENT NO. 1-2447
<br />EXHIBIT B
<br />agreement connected with a project that is financed in whole or part with Federal assistance
<br />awarded by FTA under the authority of 49 U.S.C. §5307 et seq., the Government reserves the
<br />right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n) (1) et seq. on the CITY,
<br />to the extent the Federal Government deems appropriate. CITY agrees to include this
<br />requirement in all of its subcontracts.
<br />ARTICLE 4. CIVIL RIGHTS ASSURANCE
<br />During the performance of this Agreement, CITY, for itself, its assignees and successors
<br />in interest agree as follows:
<br />A. Compliance with Regulations: CITY shall comply with the Regulations relative to
<br />nondiscrimination in federally assisted programs of the Department of Transportation
<br />(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended
<br />from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by
<br />reference and made a part of this Agreement.
<br />B. Nondiscrimination: CITY, with regard to the work performed by it during the
<br />Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection
<br />and retention of subcontractors, including procurements of materials and leases of equipment.
<br />The CITY shall not participate either directly or indirectly in the discrimination prohibited by
<br />Section 21.5 of the Regulations, including employment practices when the Agreement covers a
<br />program set forth in Appendix B of the Regulations.
<br />C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In
<br />all solicitations either by competitive bidding or negotiation made by the CITY for work to be
<br />performed under a subcontract, including procurements of materials or leases of equipment,
<br />each potential subcontractor or supplier shall be notified by the CITY of the CITY's obligations
<br />under this Agreement and the Regulations relative to nondiscrimination on the grounds of race,
<br />color, or national origin.
<br />D. Information and Reports: CITY shall provide all information and reports required by
<br />the Regulations or directives issued pursuant thereto, and shall permit access to its books,
<br />records, accounts, other sources of information and its facilities as may be determined by the
<br />AUTHORITY to be pertinent to ascertain compliance with such Regulations, orders and
<br />instructions. Where any information required of a CITY is in the exclusive possession of another
<br />who fails or refuses to furnish this information the CITY shall so certify to the AUTHORITY as
<br />appropriate, and shall set forth what efforts it has made to obtain the information.
<br />E. Sanctions for Noncompliance: In the event of the CITY's noncompliance with
<br />nondiscrimination provisions of this Agreement, the AUTHORITY shall impose Agreement
<br />sanctions as it may determine to be appropriate, including, but not limited to:
<br />1. Withholding of payments to the CITY under the Agreement until the CITY
<br />complies; and/or
<br />2. Cancellation, termination, or suspension of the Agreement, in whole or in part.
<br />F. Title VI of the Civil Rights Act. In determining the types of property or services to
<br />acquire, no person in the United States shall, on the grounds of race, color, or national origin, be
<br />excluded from participation in, be denied the benefits of, or otherwise be subjected to
<br />discrimination under any program or activity receiving Federal financial assistance in violation of
<br />Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et seq. and DOT
<br />regulations, "Nondiscrimination in Federally Assisted Programs of the Department of
<br />Transportation-Effectuation of Title V1 of the Civil Rights Act of 1964," 49 CFR Part 21. In
<br />addition, FTA Circular 4702. 1, "Title VI and Title VI-Dependent Guidelines for FTA Recipients,"
<br />05-13-07, provides FTA guidance and instructions for implementing DOT's Title VI regulations.
<br />Orange County Transportation Authority 2
<br />Revised. 0511012010
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