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Agenda Packet_2023-07-18
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Agenda Packet_2023-07-18
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7/12/2023 12:10:15 PM
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Agenda Packet
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7/18/2023
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Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable <br />regulations promulgated thereunder (California Code of Regulations, Title 2, <br />Section 7285 et seq.). The applicable regulations of the Fair Employment and <br />Housing Commission implementing Government Code Section 12990 (a-f), set <br />forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, <br />are incorporated into this Agreement by reference and made a part hereof as if set <br />forth in full. Consultant and its subconsultants shall give written notice of their <br />obligations under this clause to labor organizations with which they have a <br />collective bargaining or other Agreement. <br />d. The Consultant shall comply with regulations relative to Title VI <br />(nondiscrimination in federally assisted programs of the Department of <br />Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of <br />Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of <br />federal assistance will implement and maintain a policy of nondiscrimination in <br />which no person in the state of California shall, on the basis of race, color, national <br />origin, religion, sex, age, disability, be excluded from participation in, denied the <br />benefits of or subject to discrimination under any program or activity by the <br />recipients of federal assistance or their assignees and successors in interest. <br />e. The Consultant, with regard to the work performed by it during the Agreement shall <br />act in accordance with Title VI. Specifically, the Consultant shall not discriminate <br />on the basis of race, color, national origin, religion, sex, age, or disability in the <br />selection and retention of subconsultants, including procurement of materials and <br />leases of equipment. The Consultant shall not participate either directly or <br />indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S <br />Regulations, including employment practices when the Agreement covers a <br />program whose goal is employment. <br />f. Consultant, subrecipient or subconsultant will never exclude any person from <br />participation in, deny any person the benefits of, or otherwise discriminate against <br />anyone in connection with the award and performance of any contract covered by <br />40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national <br />origin. In administering the City components of the Disadvantaged Business <br />Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will <br />not, directly, or through contractual or other arrangements, use criteria or methods <br />of administration that have the effect of defeating or substantially impairing <br />accomplishment of the objectives of the DBE Program Plan with respect to <br />individuals of a particular race, color, sex, or national origin. <br />g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, <br />color, national origin, or sex in the performance of this Agreement, Consultant <br />shall carryout applicable requirements of 49 CFR 26 in the award and <br />administration of federal -aid contracts. <br />Failure by Consultant to carry out these requirements is a material breach of this <br />City Council 20 — 35 7/18/2023 <br />
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