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nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT")
<br />Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
<br />referred to as the Regulations), which are herein incorporated by reference and made a part of this
<br />Agreement.
<br />(B). Nondiscrimination: CONTRACTOR, 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 and
<br />retention of SUBCONTRACTORS, including procurements of materials and leases of equipment. The
<br />CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section
<br />21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in
<br />Appendix B of the Regulations.
<br />(C). Solicitations for Subcontracts Including Procurement of Materials and Equipment: In all
<br />solicitations either by competitive bidding or negotiation made by the CONTRACTOR for work to be
<br />performed under a subcontract, including procurements of materials or leases of equipment, each potential
<br />SUBCONTRACTOR or supplier shall be notified by the CONTRACTOR of the CONTRACTOR's obligations
<br />under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or
<br />national origin.
<br />(D). Information and Reports: CONTRACTOR shall provide all information and reports required
<br />by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records,
<br />accounts, other sources of information and its facilities as may be determined by the AUTHORITY or CITY to
<br />be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information
<br />required of a CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this
<br />information the CONTRACTOR shall so certify to the AUTHORITY or CITY as appropriate, and shall set forth
<br />what efforts it has made to obtain the information.
<br />(E). Sanctions for Noncompliance: In the event of the CONTRACTOR's noncompliance with
<br />nondiscrimination provisions of this Agreement, the AUTHORITY or CITYshall impose Agreement sanctions
<br />as it may determine to be appropriate, including, but not limited to:
<br />Withholding of payments to the CONTRACTOR under the Agreement until the
<br />CONTRACTOR complies; and/or
<br />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 acquire, no
<br />person in the United States shall, on the grounds of race, color, or national origin, be excluded from
<br />participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or
<br />activity receiving Federal financial assistance in violation of Title VI of the Civil Rights Act of 1964, as
<br />amended, 42 U.S.C. Sections 2000d et seq. and DOT regulations, "Nondiscrimination in Federally Assisted
<br />Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964,"
<br />49 CFR Part 21. In addition, FTA Circular 4702. 1, "Title VI and Title VI-Dependent Guidelines for FTA
<br />Recipients," 05-13-07, provides FTA guidance and instructions for implementing DOT's Title VI regulations.
<br />(G). The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101
<br />et seq., prohibits discrimination against qualified individuals with disabilities in all programs, activities, and
<br />services of public entities, as well as imposes specific requirements on public and private providers of
<br />transportation.
<br />(H). Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (A)
<br />through (H) in every subcontract, including procurements of materials and leases of equipment, unless
<br />exempt by the Regulations, or directives issued pursuant thereto. The CONTRACTOR shall take such action
<br />with respect to any subcontract or procurement as the AUTHORITY or CITY may direct as a means of
<br />enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a
<br />CONTRACTOR becomes involved in, or is threatened with, litigation with a SUBCONTRACTOR or supplier
<br />as a result of such direction, the CONTRACTOR may request the AUTHORITY or CITY to enter into such
<br />litigation to protect the interests of the AUTHORITY or CITY, and, in addition, the CONTRACTOR may
<br />request the United States to enter into such litigation to protect the interests of the United States.
<br />ARTICLE 5. DISADVANTAGED BUSINESS ENTERPRISES
<br />A. In accordance with federal financial assistance agreements with the U.S. Department of
<br />Transportation (U.S. DOT), the Orange County Transportation Authority (AUTHORITY) has adopted a
<br />Disadvantaged Business Enterprise (DBE) Policy and Program, in conformance with Title 49 CFR Part 26,
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