RES 81-033 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD, INC. ON BEHLAF OF THE CITY OF ST. ANTHONY

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:-;_a..aw..+::.tx,.::.a-r.•+.::::.,.=.s:r.:,wrv•.-eF+.«-,� :�ucyw.avr.:e.ce'.... - ,. ,_ � moi._-s.ar _ •..... a..c�.s..._r.+. s» �. , APPENDIX A Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964. .. g During the performance of this contract-, the contractor, for itself, its .assignees, and successors in interest (hereinafter reftrred to as the "contractor"), agrees --as follows : (1) Compliance with 1tegulations: The Contractor will comply with the Regulations of the Depnrtment of 'transportation relative to nondiscrimination in federally assisted programs of t'hc. Department of Transportation (Title 49, Code of . Federal Regulation, Part 21, hereinafter referred to as the Regulations), - which are herein incorporated by reference and made- apart of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prioi to completion of the contract work, will not discriminate, on the ground 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 either directly or indirectly in the discrimination prohibited by Section 21.5 of the'Regula- tions, including employment practices when the contract covers a program set forth in Appendix 1t Alt, u$n and "C".. (3) Solicitations for Subcontracta, 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 equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Renorts: The contractor will .provide all information and reports required by the Regulations, or orders and instructions 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..Stat'e Highwav D.enartme.nr. or the Federal Highway. Administration, to h.n -ert- .. inent to ascertain compliance with .such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration a.s appropr.iate, .and shal,l . set. forth what efforts it has made to obtain the information'. (5) Sanctions for Noncompliance: In the event of the contraetorls '.noncompliance with the nondiscrimination provisions of this contract, the State Highway Department shnll impose such contract sanctions as it or 'the Federal Highway Administration mny determine to be appropriate, including but. not limited to,'. (a) withholding of payments to the cont-ractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract., in whole or in part. (6) Incorporation of Pre-€sicns: The contractor will include- the provisions of paragraph through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant- thereto. The contractor will take such action ' with respect .-to-any subcontractor procurement as- the State-Highway- Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the.. event. a contractor i,e!comes involved in, or. is threatened with, litigation - with a subcontractor or supplier as a result of such direction, the contractor may request- the State- to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United Stater..