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<br />A. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in
<br />keeping with the purposes of the Civil Rights Act of 1964, the Age Discrimination in
<br />Employment Act, and the Americans with Disabilities Act, the CITY covenants that it
<br />shall not discriminate against any employee or applicant for employment relating to
<br />this Agreement with respect to the hire, tenure, terms, conditions or privileges of
<br />employment or any matter directly or indirectly related to employment, because of the
<br />employee’s or applicant’s race, color, national origin, religion, sex, age, disability,
<br />ancestry, status as a veteran, or any other characteristic protected by federal, state or
<br />local law (“Protected Characteristics”). The CITY certifies compliance with applicable
<br />federal laws, regulations and executive orders prohibiting discrimination based on the
<br />Protected Characteristics in the provision of services. Breach of this paragraph may be
<br />regarded as a material breach of this Agreement, but nothing in this paragraph shall be
<br />construed to imply or establish an employment relationship between the State and any
<br />applicant or employee of the CITY or any subcontractor.
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<br />B. INDOT is a recipient of federal funds, and therefore, where applicable, the CITY and
<br />any subcontractors shall comply with requisite affirmative action requirements,
<br />including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of
<br />Executive Order 11246 as amended by Executive Order 13672.
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<br />The CITY agrees that if the CITY employs fifty (50) or more employees and does at
<br />least $50,000.00 worth of business with the State and is not exempt, the CITY will
<br />comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The CITY
<br />complies with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and
<br />41 CFR 60-741, as amended, which are incorporated herein by specific reference.
<br />Breach of this covenant may be regarded as a material breach of Agreement.
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<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, income status, limited English proficiency, or status as a
<br />veteran.)
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<br />C. During the performance of this Agreement, the CITY, for itself, its assignees, and
<br />successors in interest (hereinafter referred to as the “the CITY”) agrees to the following
<br />assurances under Title VI of the Civil Rights Act of 1964:
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<br />1. Compliance with Regulations: The CITY shall comply with the regulations relative
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