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<br />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.
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<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 procurements
<br />of materials and leases of equipment. The CITY shall not participate either directly
<br />or indirectly in the discrimination prohibited by section 21.5 of the Regulation,
<br />including employment practices when the Agreement covers a program set forth in
<br />Appendix B of the Regulations.
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<br />3. Solicitations for Subcontracts, Including Procurements of Materials and
<br />Equipment: In all solicitations either by competitive bidding or negotiation made
<br />by the CITY for work to be performed under a subcontract, including procurements
<br />of materials or leases of equipment, each potential subcontractor or supplier shall
<br />be notified by the CITY of the CITY’s obligations under this Agreement, and the
<br />Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual
<br />orientation, gender identity, national origin, religion, disability, ancestry, income
<br />status, limited English proficiency, or status as a veteran.
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<br />4. Information and Reports: The CITY shall provide all information and reports
<br />required by the Regulations, or directives issued pursuant thereto, and shall permit
<br />access to its books, records, accounts, other sources of information, and its facilities
<br />as may be determined by the Indiana Department of Transportation and Federal
<br />Highway Administration to be pertinent to ascertain compliance with such
<br />Regulations, orders and instructions. Where any information required of the CITY
<br />is in the exclusive possession of another who fails or refuses furnish this
<br />information, the CITY shall so certify to the Indiana Department of Transportation
<br />or the Federal Highway Administration as appropriate and shall set forth what
<br />efforts it has made to obtain the information.
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<br />5. Sanctions for Noncompliance: In the event of the CITY’s noncompliance with the
<br />nondiscrimination provisions of this Agreement, the Indiana Department of
<br />Transportation shall impose such contract sanctions as it or the Federal Highway
<br />Administration may determine to be appropriate, including, but not limited to: (a)
<br />withholding payments to the CITY under the Agreement until the CITY complies,
<br />and/or (b) cancellation, termination or suspension of the Agreement, in whole or in
<br />part.
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<br />6. Incorporation of Provisions: The CITY shall include the provisions of paragraphs
<br />1. through 5. in every subcontract, including procurements of materials and leases
<br />of equipment, unless exempt by the Regulations, or directives issued pursuant
<br />thereto.
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