|
Under IC §22-9-1-10 the City covenants that it shall not discriminate against any
<br />employee or applicant for employment relating to this Agreement with respect to the
<br />hire, tenure, terms, conditions or privileges of employment or any matter directly or
<br />indirectly related to employment, because of the employee's or applicant's race,
<br />color, national origin, religion, sex, age, disability, ancestry, or status as a veteran.
<br />B. The City understands that INDOT is a recipient of federal funds. Pursuant to that
<br />understanding, the City agrees that if the City employs fifty (50) or more employees
<br />and does at least $50,000.00 worth of business with the State and is not exempt, the
<br />City will comply with the affirmative action reporting requirements of 41 CFR 60-
<br />1.7. The City shall comply with Section 202 of executive order 11246, as amended,
<br />41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by
<br />specific reference. Breach of this covenant may be regarded as a material breach of
<br />this Agreement.
<br />It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights
<br />Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational
<br />Rehabilitation Act and related statutes and regulations in all programs and activities.
<br />Title VI and related statutes require that no person in the United States shall on the
<br />grounds of race, color or national origin be excluded from participation in, be denied
<br />the benefits of, or be subjected to discrimination under any program or activity
<br />receiving Federal financial assistance. (INDOT's nondiscrimination enforcement is
<br />broader than the language of Title VI and encompasses other State and Federal
<br />protections. INDOT's nondiscrimination enforcement shall include the following
<br />additional grounds: sex, sexual orientation, gender identity, ancestry, age, income
<br />status, religion, disability, limited English proficiency, or status as a veteran.)
<br />C. During the performance of this Agreement, the City, for itself, its assignees and
<br />successors in interest (hereinafter referred to as the "City") agrees to the following
<br />assurances under Title VI of the Civil Rights Act of 1964:
<br />1. Compliance with Regulations: The City shall comply with the regulations
<br />relative to nondiscrimination in Federally -assisted programs of the Department of
<br />Transportation, Title 49 CFR Part 21, as they may be amended from time to time
<br />(hereinafter referred to as the Regulations), which are herein incorporated by
<br />reference and made a part of this Agreement.
<br />2. Nondiscrimination: The City, with regard to the work performed by it during the
<br />Agreement, shall not discriminate on the grounds of race, color, sex, sexual
<br />orientation, gender identity, national origin, religion, disability, ancestry, or status
<br />as a veteran in the selection and retention of subcontractors, including
<br />procurements of materials and leases of equipment. The City shall not participate
<br />either directly or indirectly in the discrimination prohibited by section 21.5 of the
<br />Regulation, including employment practices when the Agreement covers a
<br />program set forth in Appendix B of the Regulations.
<br />-10-
<br />
|