2007/02/28 Council Agenda Packet

Title VI Plan—City of Everett 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 City of Everett, or the Washington State Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Everett and the Washington State Department of Transportation shall impose such contract sanctions as it, or the Federal Highway Administration may determine to be appropriate, including,but not limited to: (a) withholding of payments to the contractor 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 Provisions. The contractor shall include the provisions of paragraphs (1) through(6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontractor or procurement as the City of Everett or the U.S. Department of Transportation,Federal Highway Administration, may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City of Everett enter into such litigation to protect the interests of the Agency and, in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Exhibit 2B- Granting and Habendum Clauses When the City of Everett is the recipient of real property, structures or improvements thereon, or interest therein from the United States, the following clauses shall be included in any and all deeds affecting or recording the transfer of property: GRANTING CLAUSE NOW,THEREFORE, the City of Everett, as authorized by law, will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23,United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter referred to as the Regulations)pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252:42 USC 2000d to 2000d--4) does hereby remise, release, quitclaim, and convey unto City of Everett all the right,title, and 6 interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof.