Common use of Federal Grant Assurances and Requirements Clause in Contracts

Federal Grant Assurances and Requirements. a. Nondiscrimination: i. CONTRACTOR, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of the Operating Area. 2. This CONTRACT is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CODE OF FEDERAL REGULATIONS Part 23, Subpart F. CONTRACTOR agrees that it will not discriminate against any business owner because of the owner's race, color, national origin or sex in connection with the award or performance of any CONTRACT covered by 49 CODE OF FEDERAL REGULATIONS Part 23, Subpart F. 3. In the construction of any improvements on, over or under the Operating Area and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination. 4. CONTRACTOR shall use the Operating Area in compliance with all other requirements imposed by or pursuant to Title 49, CODE OF FEDERAL REGULATIONS, Part 21, Subtitle A, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- Effectuation of Title VI of the CIVIL RIGHTS ACT OF 1964, and as said Regulations may be amended. 5. In the event facilities are constructed, maintained or otherwise operated on the Operating Area for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, CONTRACTOR shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CODE OF FEDERAL REGULATIONS, Part 21, Subtitle A, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the CIVIL RIGHTS ACT OF 1964, and as said Regulations may be amended. ii. In the event of breach of any of the above nondiscrimination covenants, COUNTY shall have the right to terminate the CONTRACT and to re-enter and repossess said land and the facilities thereon, and hold the same as if said CONTRACT had never been made or issued. This provision does not become effective until the procedures of 49 CODE OF FEDERAL REGULATIONS, Part 21, are followed and completed, including expiration of appeal rights. iii. CONTRACTOR shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service. iv. Noncompliance with paragraph iii above shall constitute a material breach thereof and in the event of such noncompliance COUNTY shall have the right to terminate this CONTRACT and the estate hereby created without liability therefore; or at the election of COUNTY or the United States either or both said Governments shall have the right to judicially enforce paragraphs i, ii, and iii. b. CONTRACTOR agrees that it shall insert the above four paragraphs in any contract (contract, etc.) by which said CONTRACTOR grants a right or privilege to any person, firm or corporation to render accommodations and/or service to the public in the Operating Area.