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Title VI Assurance—General
<br /> During the performance of this contract, the contractor, for itself, its assignees and successors in
<br /> interest(hereinafter referred to as the "contractor")agrees as follows:
<br /> 1. Compliance with Regulations:The contractor shall comply with the Regulations relative
<br /> to nondiscrimination in Federally-assisted programs of the Department of Transportation
<br /> (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal
<br /> Highway Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations,
<br /> Part 200 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 contract.
<br /> 2. Nondiscrimination: The contractor, with regard to the work performed by it during the
<br /> contract, shall not discriminate on the grounds of race, color, national origin, sex, age,
<br /> disability, and low income in the selection and retention of subcontractors, including
<br /> procurements of materials and leases of equipment. The contractor shall not participate
<br /> either directly or indirectly in the discrimination prohibited by the Acts and the
<br /> Regulations, including employment practices when the contract covers a program set forth
<br /> in Appendix B of the Regulations.
<br /> 3. Solicitations for Subcontractors, Including Procurements of! Materials and
<br /> Equipment: In all solicitations either by competitive bidding or negotiation made by the
<br /> contractor for work to be performed under a subcontract, including procurements of
<br /> materials or leases of equipment, each potential subcontractor or supplier shall be notified
<br /> by the contractor of the contractor's obligations under this contract and the Regulations
<br /> relative to nondiscrimination on the grounds of race, color, national origin, sex, age,
<br /> disability, and low income.
<br /> 4. Information and Reports: The contractor shall provide all information and reports
<br /> required by the Regulations,and directives issues pursuant thereto,and shall permit access
<br /> to its books, records, accounts, other sources of information, and its facilities as may be
<br /> determined by the City of South Bend("South Bend"), Indiana or the Indiana Department
<br /> of Transportation("INDOT")or to the FHWA to be pertinent to ascertain compliance with
<br /> such Regulations, orders and instructions. Where any information required of a contractor
<br /> is in the exclusive possession of another who fails or refuses to furnish this information the
<br /> contractor shall so certify to South Bend, Indiana or INDOT or the FHWA, as appropriate,
<br /> and shall set forth what efforts it has made to obtain the information.
<br /> 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
<br /> nondiscrimination provisions of this contract, South Bend, Indiana shall impose such
<br /> contract sanctions as it or INDOT or the FHWA may determine to be appropriate,including
<br /> but not limited to:
<br /> a. Withholding of payments to the contractor under the contract until the contractor
<br /> complies, and/or
<br /> b. Cancellation,termination or suspension of the contract, in whole or in part.
<br /> City of South Bend,St.Joseph County, IN.Title VI Nondiscrimination Plan and Policy
<br /> Attachment 6
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