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Standard Agreement DOT -213
<br />EXH[SIT C
<br />City of Santa Ana
<br />642572
<br />Page 11 of 29
<br />11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §
<br />2000e note), and with any applicable Federal statutes, executive orders, regulations. and Federal
<br />policies that may in the future affect construction activities undertaken in the course of the PROJECT.
<br />The CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that
<br />employees are treated equally during employment, without regard to their race, color, creed, national
<br />origin, sex, or age. Such action shall include, but not be limited to, the following: employment,
<br />upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of
<br />pay or other forms of compensation; and selection for training, Including apprenticeship. In addition,
<br />the CONTRACTOR agrees to comply with any Implementing requirements FTA may Issue.
<br />B. Nondiscrimination, The CONTRACTOR, with regard to the work performed by it during the contract
<br />term shall act in accordance with Title VI. Specifically, the CONTRACTOR shall not discriminate on
<br />the basis of race, color, national origin, religion, sex, age, or disability In the selection and retention of
<br />subcontractors, including procurement of materials and leases of equipment. The CONTRACTOR
<br />shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
<br />U.S. DOT's Regulations, Including employment practices when the contract covers a program whose
<br />goal is employment. Further, In accordance with Section 102 of the Americans with Disabilities Act, as
<br />amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S.
<br />Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment
<br />Provisions of the Americans with Disabilities Act," 29 C.R.R. Part 1630, pertaining to employment of
<br />persons with disabilities. In addition, the Contractor agrees to comply with any implementing
<br />requirements FTA may Issue.
<br />C. Solicitations for Subcontracts Including Procurements of Materials and Equipment. In all solicitations,
<br />either by competitive bidding or negotiation by the CONTRACTOR for work to be performed under a
<br />subcontract, including procurements of materials or leases of equipment, each potential subcontractor
<br />or supplier shall be notified by the CONTRACTOR of the CONTRACTOR's obligations under this
<br />Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national
<br />origin.
<br />D. Information and Reports. The CONTRACTOR shall provide all information and reports required by the
<br />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 STATE or the
<br />FTA to be pertinent to ascertain compliance with such Regulations or directives. Where any
<br />Information required of a contractor is In the exclusive possession of another who fails or refuses to
<br />furnish this information, the CONTRACTOR shall so certify to the STATE or the FTA as appropriate,
<br />and shall set forth what efforts It has made to obtain the information.
<br />E. In accordance with 49 CFR Part 21 and as described in FTA Circular 4702.1 B, dated October 1, 2012,
<br />and the California Department of Transportation Title VI Program Plan, and upon request from the
<br />STATE, the CONTRACTOR shall comply with the following reporting requirements. The
<br />CONTRACTOR is also responsible for ensuring compliance of each third -party contractor at any tier of
<br />the PROJECT.
<br />1. Provide an Annual Title VI Certification and Assurance.
<br />2. Establish and maintain Title VI complaint procedures.
<br />3. Record Title VI investigations, complaints, and lawsuits.
<br />4. Provide meaningful access to Limited English Proficient Persons.
<br />5. Notify beneficiaries of protection under Title VI.
<br />Rev. 0312612014
<br />20A -16
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