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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.
<br />
<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 />shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250,
<br />and 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 contract.
<br />
<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 receiving
<br />Federal financial assistance. (INDOT’s nondiscrimination enforcement is broader than
<br />the language of Title VI and encompasses other State and Federal protections.
<br />INDOT’s nondiscrimination enforcement shall include the following additional
<br />grounds: sex, sexual orientation, gender identity, ancestry, age, income status, religion,
<br />disability, income status, limited English proficiency, or status as a veteran.)
<br />
<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:
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<br />1. Compliance with Regulations: The CITY shall comply with the regulations relative
<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.
<br />
<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
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