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Version 6-8-2017
<br />Economic Opportunity Division Director. The DBE-3 Form requires certification by the
<br />CONSULTANT AND DBE SUB -CONSULTANT that the committed contract amounts have
<br />been paid and received.
<br />12. Non -Discrimination
<br />A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities
<br />Act, the CONSULTANT shall not discriminate against any employee or applicant for
<br />employment, to be employed in the performance of work under this Contract, with respect to
<br />hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
<br />related to employment, because of race, color, religion, sex, disability, national origin, ancestry
<br />or status as a veteran. Breach of this covenant may be regarded as a material breach of this
<br />Contract. Acceptance of this Contract also signifies compliance with applicable federal laws,
<br />regulations, and executive orders prohibiting discrimination in the provision of services based
<br />on race, color, national origin, age, sex, disability or status as a veteran.
<br />B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that
<br />understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or
<br />more employees and does at least $50,000.00 worth of business with the State and is not
<br />exempt, the CONSULTANT will comply with the affirmative action reporting requirements of
<br />41 CFR 60-1.7. The CONSULTANT shall comply with Section 202 of executive order 11246,
<br />as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein
<br />by specific reference. Breach of this covenant may be regarded as a material breach of
<br />Contract.
<br />It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of
<br />1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act
<br />and related statutes and regulations in all programs and activities. Title VI and related statutes
<br />require that no person in the United States shall on the grounds of race, color or national origin
<br />be excluded from participation in, be denied the benefits of, or be subjected to discrimination
<br />under any program or activity receiving Federal financial assistance. (INDOT's Title VI
<br />enforcement shall include the following additional grounds: sex, ancestry, age, income status,
<br />religion and disability.)
<br />C. The CONSULTANT shall not discriminate in its selection and retention of contractors,
<br />including without limitation, those services retained for, or incidental to, construction, planning,
<br />research, engineering, property management, and fee contracts and other commitments with
<br />persons for services and expenses incidental to the acquisitions of right-of-way.
<br />D, The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of
<br />race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement
<br />will include the following additional grounds; sex, ancestry, age, income status, religion and
<br />disability).
<br />E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access
<br />to and use thereof to any persons on the basis of race, color or national origin. (INDOT's Title
<br />VI enforcement will include the following additional grounds; sex, ancestry, age, income status,
<br />religion and disability.)
<br />F. The CONSULTANT shall neither allow discrimination by contractors in their selection and
<br />retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their
<br />subcontractors in their selection of subcontractors, leasors or material suppliers, who participate
<br />in construction, right-of-way clearance and related projects.
<br />G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by
<br />itself and/or the Federal Highway Administration ("FHWA") within a reasonable time period,
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