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CITY OF SANTA ANA
<br />RFP NO.: 16-125
<br />OC STREETCAR DESIGN REVIEW SUPPORT
<br />code of federal regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the
<br />regulations), which are herein incorporated by reference and made a part of this agreement.
<br />B. Nondiscrimination: consultant, with regard to the work performed by it during the agreement,
<br />shall not discriminate on the grounds of race, color, or national origin in the selection and retention of
<br />subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate
<br />either directly or indirectly in the discrimination prohibited by section 21.5 of the regulations, including
<br />employment practices when the agreement covers a program set forth in 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 consultant for work to be performed under a
<br />subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
<br />supplier shall be notified by consultant of consultant's obligations under this agreement and the regulations
<br />relative to nondiscrimination on the grounds of race, color, or national origin.
<br />D. Information and reports: consultant shall provide all information and reports required by the
<br />regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
<br />sources of information and its facilities as may be determined by the authority to be pertinent to ascertain
<br />compliance with such regulations, orders and instructions. Where any information required of a consultant is in
<br />the exclusive possession of another who fails or refuses to furnish this information consultant shall so certify to
<br />the authority as appropriate, and shall set forth what efforts it has made to obtain the information.
<br />E. Sanctions for noncompliance: in the event of consultant's noncompliance with
<br />nondiscrimination provisions of this agreement, the authority shall impose agreement sanctions as it may
<br />determine to be appropriate, including, but not limited to:
<br />1. Withholding of payments to consultant under the agreement until consultant.
<br />complies; and/or
<br />2. Cancellation, termination, or suspension of the agreement, in whole or in
<br />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 participation
<br />in, be denied the benefits of, or otherwise be subjected to discrimination tinder any program or activity
<br />receiving federal financial assistance in violation of title vi of the civil rights act of 1964, as amended, 42 u.s.c.
<br />sections 2000d et seq, And dot regulations, "nondiscrimination in federally assisted programs of the department
<br />of transportation—effectuation of title vi of the civil rights act of 1964," 49 off part 21. In addition, fta circular
<br />4702. 1, "title vi and title vi -dependent guidelines for fta recipients," 05-13-07, provides fta guidance and
<br />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 et seq.,
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