The County, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C.
§§ 2000d to 2000d-4) and the Regulations, hereby notifies all vendors that it
will affirmatively ensure that any contract, bid, Memorandum of Understanding
or Agreement entered into will be afforded full and fair opportunity and will
not be discriminated against on the grounds of race, color, or national origin
in consideration of award.
Pursuant to Title VI requirements, any
entity or person that enters into a contract with Dallas County including, but
not limited to prime contractors, sub-contractors, and sub-recipients, may not
discriminate on the basis of race, color, national origin, age, sex,
disability, or religion in their selection and retention of subcontractors
(including consultants), in connection with any federally funded program or
activity (including any program or activity undertaken/funded by a Dallas
County Division/Department that receives federal funds).
A.
Assurances
During the performance of this
contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1.
Compliance
with Regulations: The contractor (hereinafter includes consultants)
will comply with the Acts and the Regulations relative to Nondiscrimination in
Federally-assisted programs of the U.S. Department of Transportation, the
Federal Highway Administration, the U.S. Department of Health and Human
Services, and the U.S. Department of Education, the U.S. Department of Justice
as they may be amended from time to time, which are herein incorporated by
reference and made a part of this contract.
2.
Nondiscrimination:
The
contractor, with regard to the work performed by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials
and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations,
including employment practices when the contract covers any activity, project,
or program set forth in Appendix B of 49 CFR Part 21.
3.
Solicitations
for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the
contractor for work to be performed under a subcontract, including procurements
of materials, or leases of equipment, each potential subcontractor or supplier
will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to Nondiscrimination on the
grounds of race, color, or national origin.
4.
Information
and Reports: The contractor will provide all information and reports required
by the Acts, the Regulations, and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Recipient, the Federal Highway
Administration, the U.S. Department of Health and Human Services, or the U.S.
Department of Education, to be pertinent to ascertain compliance with such
Acts, Regulations, and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the contractor will so certify to the Recipient, the
Federal Highway Administration, the U.S. Department of Health and Human
Services, or the U.S. Department of Education, as appropriate, and will set
forth what efforts it has made to obtain the information.
5.
Sanctions
for Noncompliance: In the event of
a contractor's noncompliance
with the Nondiscrimination
provisions of this contract, the Recipient will impose such contract sanctions
as it or the Federal Highway Administration, the U.S. Department of Health and
Human Services, or the U.S. Department of Education may determine to be
appropriate, including, but not limited to:
a.
withholding payments to the contractor under
the contract until the contractor complies; and/or
b.
canceling, terminating, or suspending a
contract, in whole or in part.
6.
Incorporation
of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the Federal Highway
Administration, the U.S. Department of Health or Human Services, or the U.S.
Department of Education may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier
because of such direction, the contractor may request the Recipient to enter
into any litigation to protect the interests of the Recipient. In addition, the
contractor may request the United States to enter into the litigation to
protect the interests of the United States.
B.
Nondiscrimination
Authorities
During the performance of this
contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with
the following nondiscrimination statutes and authorities; including but not
limited to:
Pertinent Nondiscrimination Authorities:
·
Title VI of the Civil Rights Act of 1964 (42
U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis
of race, color, national origin); and 49 CFR Part 21
·
The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
·
Federal-Aid Highway Act of 1973, (23 U.S.C. §
324 et seq.), (prohibits discrimination on the basis of sex);
·
Section 504 of the Rehabilitation Act of 1973,
(29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis
of disability); and 49 CFR Part 27;
·
The Age Discrimination Act of 1975, as
amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of
age);
·
Airport and Airway Improvement Act of 1982,
(49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based
on race, creed, color, national origin, or sex);
·
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,
by expanding the definition of the terms "programs or activities" to
include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are
Federally funded or not);
·
Titles II and Ill of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in
the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§
12131-12189) as implemented by Department of Transportation regulations at 49
C.F.R. parts 37 and 38, Omnibus Crime Control and Safe Streets Act of 1968 (42
USC § 3789(d)); Victims of Crime Act (42 U.S.C. § 10604(e)); Juvenile Justice
and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));
·
Americans With Disabilities Act, Public Law
(P.L.) 101-336, 42 United States Code (USC) section 12101, and the regulations
effectuating its provisions contained in 28 CFR Parts 35 and 36, 29 CFR Part
1630, and 47 CFR Parts O and 64. Title V, Part A, of the Civil Rights Act of
1964, as amended (prohibition of discrimination by race, color, or national
origin), and the implementing regulations in 34 CFR Part 100; Title IX of the
Education Amendments of 1972, as amended (prohibition of sex discrimination),
and the implementing regulations in 34 CFR Part 106; Section 504 of the
Rehabilitation Act of 1973, as amended (prohibition of discrimination on the
basis of handicapping condition), and the implementing regulations in 34 CFR
Part 104; and the Age Discrimination Act of 1975, as amended (prohibition of
discrimination on basis of age) and the implementing regulations in 34 CFR Part
110, Family Educational Rights and Privacy Act (FERPA) of 1975, as amended
(ensures access to educational records for students and parents while protecting
the privacy of such records), and any regulations issued thereunder, including
Privacy Rights of Parents and Students (34 CFR Part 99), if the Sub-recipient
is an educational institution (20 USC 12329).
·
The Federal Aviation Administration's Nondiscrimination
statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,
color, national origin, and sex);
·
Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
populations;
·
Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency
guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
·
Title IX of the Education Amendments of 1972,
as amended, which prohibits you from discriminating because of sex in education
programs or activities (20 U .S.C. 1681 et seq).