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11 <br /> <br />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, color, <br />national origin, religion, sex, age, disability, ancestry, or status as a veteran. <br /> <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 60-1.7. <br />The City shall comply with Section 202 of executive order 11246, as amended, 41 CFR <br />60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific <br />reference. Breach of this covenant may be regarded as a material breach of this <br />Agreement. <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 <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, religion, <br />income status, disability, 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: <br /> <br />C. 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 />D. 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 contractors, including procurements of <br />materials and leases of equipment. The City shall not participate either directly or <br />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.