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HomeMy WebLinkAboutC2021-060 - 3/16/2021 - Approved uocuoign tnveiope_w:uoccur_ny-mr_u-w i UO-Dr-i D-D•+o 1,3ovyD%,ou DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 uwmr SERVICE AGREEMENT NO. 3400 Digital Marketing Campaign for CCIA THIS Digital Marketing Campaign for CCIA Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Bell Media, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Digital Marketing Campaign for CCIA in response to Request for Bid/Proposal No. 3400 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Digital Marketing Campaign for CCIA ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $89,880.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form-Airport Page 1 of 8 uocuoign r-nveiope w:unccvrna mcg vivo-Drzio-D,+,3i000yDk_.ov DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Kim Bridger-Hunt Aviation Department 361-289-0171 ext. 1290 KimB@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form-Airport Page 2 of 8 uocubign tnveiope w:ubtturea-zt5tL-4 i uo-tst i is ts4.5i 6?5oat5uou DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form-Airport Page 3 of 8 DocuSign Envelope ID:06EEOF69-2BEC-4108-BE1B-B4373869BC6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 12. Subcontractors. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Kim Bridger-Hunt Public Relations & Marketing Coordinator 1000 International Dr., Corpus Christi, TX 78408 Phone: 361-289-0171 ext. 1290 Fax: 361-826-4266 IF TO CONTRACTOR: Bell Media, LLC Attn: Cole Willis Regional Team Lead 400 Interstate Park Drive, Montgomery, AL 36109 Phone: 334-799-4688 Fax 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF Service Agreement Standard Form-Airport Page 4 of 8 DocuSign Envelope ID:06EEOF69-2BEC-4108-BE16-643138696G6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSl-Uu1VJCL JHI IJtAI.I VK r I V I r'ICTHE k-II r AI I VKIVC r`RNEY, HIVU rA r ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. Service Agreement Standard Form-Airport Page 5 of 8 DocuSign Envelope ID:06EEOF69-2BEC-4108-BE1B-B4373869BC6U DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 25. Governing Law. Contractor agrees to comply with all federal,Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form-Airport Page 6 of 8 Uocubign tnvelope IU:UbLLUt-tSy-ZbLL;-41utS-bulb-es431s2 t:) tJb nv DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 28. Federal Funding Requirements. This project is subject to requirements provided for the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the FAA, or its designee may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form-Airport Page 7 of 8 DocuSign Envelope ID:06EEOF69-2BEC-4108-BE113-1343738691:3G61J DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 CONTRACTOR DocuSigned by: Signature: 5 wiws '43F.- Printed Name: col e wi 11 i s Title: Regional Team Lead M2021-053 Date: 2/19/2021 Authorized By Council 03/16/2021 CITY OF CORPUS CHRISTI Er;n-t? DocuSigned by: n . �l VA- OSHD ITUMy Interim Assistant Director, Contracts and Procurement Date: 3/17/2021 APPROVED AS TO LEGAL FORM rDocuSigned by: ��� 3/16/2021 Asses an t*y Date ATTEST: DocuSigned by: Attached and Incorporated by Reference: Attachment A: Scope of Work ` fi" Attachment B: Bid/Pricing Schedule Rebecca Huerta Attachment C: Insurance and Bond Requirements City Secretary Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 3400 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form—Airport Page 8 of 8 DocuSign Envelope ID:06EEOF69-2BEC-4108-BE1 B-B4373869BC6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 Attachment A: Scope of Work 1.1 General Requirements Seeking a firm to design a turn-key marketing strategy and campaign designed to reduced originating leakage at Corpus Christi International Airport (CCIA) by 20% from the 2019 calendar year levels. In 2019, leakage to San Antonio and Houston airports was estimated at 45% of the originating traffic in the market. This campaign will launch in early 2021 as the airport and the airlines work to recover from the traffic downturns brought on by the cornnnvirt is rnnnH,-mir- .� ... .... . .. -- I- ........_. . .._. 1.2 Scope of Work A. Contractor must be a Google Premier Partner firm. B. Contractor shall create digital ads and a landing page with marketing messages that are designed to reduce originating market leakage at CCIA. Leakage refers to local travelers who will drive to other larger, regional airports to get less expensive fares and non-stop flights. C. Contractor shall execute the campaign with constant monitoring and adjustments made for any underperforming ads or sudden or cumulative changes in the industry that dictate an altered approach with creative. D. Contractor shall manage the campaign and report results data and performance to airport staff. This data shall include but not limited to clicks, clicks through rates (CTR's), Conversions, number of relevant searches, and impressions. E. Contractor shall collaborate with an aviation/airport consultant during the design, creation, execution and management of this campaign and have that consultant on the management team for the duration of the campaign. F. Contractor shall have proven experience and demonstrated success working on leakage campaigns for airports. G. The technical and management aspects of the campaign will include: I. Google Search Engine Marketing (SEM) —target geographics (Nueces, San Patricio, Kleberg, Aransas, Jim Wells counties), target in-market consumers who are using established key words to search for airfare with emphasis on CCIA's top destinations as determined by the airport Page 1 of 2 DocuSign Envelope ID:06EEOF69-2BEC-4108-BE1B-B4373869BC6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 staff at the time of campaign development. 2. Display advertising - on high traffic websites that are visited by CCIA's target market. 3. Location based mobile advertising (geo fencing Airports in San Antonio and Houston). 4. Remarketing via Facebook. 5. Conversion set-up and reporting. 6. Reporting Dashboard where results can be tracked and analyzed day hi rJrr 7. Tracking and reporting with flexibility to adjust creative for any reason deemed necessary by airport staff. 8. Flexibility in target word searches to maximize spend. 9. Dedicated project manager with built-in approval process for all creative elements. 1.3 Special Instructions A. The price structure will be one all-encompassing price with a breakdown of all the costs for Search Engine Marketing (SEM), display, location based mobile, and Facebook remarketing. Page 2 of 2 DocuSign Envelope ID:06EEOF69-2BEC-4108-BE1 B-B4373869BC6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 NXI `r CITY OF CORPUS CHRISTI Pricing Form CONTRACTS AND PROCUREMENT RFP No. 3400 Digital Marketing Campaign for CCIA PAGE 1 OF 1 DATE: O1/26/2021 Cole Willis PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QT UNIT PRICE EXTENDED PRICE Y 1 SEM 12 Months $3,490 $41,880 2 Display 12 Months $1,500 $18,000 3 Mobile Location 12 Months $2,000 $24,000 4 Social Remarketing 12 Months $500 $6,000 Total $89,880 Addendum No. 1 Page 7 of 7 DocuSian Envelope ID:06EEOF69-2BEC-4108-BE1B-B4373869BC6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 Attachment C: Insurance Requirements No insurance is required for this service agreement; therefore, Section 5 - Insurance; Bonds, subsection 5 (A) and 5 (B) are null and void. uocu5lgn Envelope ID:U�tturey-�tstc-4�uzs-tst�ts-ts4siaunaes�nu DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 Attachment D: Warranty Requirements No warranty is required for this service agreement; therefore Section 8-Warranty, subsection 8 (A) and 8 (B) is null and void. Poop 1 of 1 uocusign Envelope IU:ueLLUt-bV-ztstc-41uu-tSLIb-b4s1s00ytscbu DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 ATTACHMENT E: �EnEQnifiI Qe DocuSign Envelope ID:06EEOF69-2BEC-4108-BE1B-B4373869BC6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 EA GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: 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 Title VI List of Pertinent Nondiscrimination Acts and Authorities, 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 Nondiscrimination Acts and Authorities, 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 Nondiscrimination Acts and Authorities 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 sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities 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 sponsor or the Federal Aviation Administration, 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 non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration 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. Cancelling,terminating, or suspending a contract, in whole or in part. DocuSign Envelope ID:06EEOF69-2BEC-4108-BE1 B-B4373869BC6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 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 sponsor or the Federal Aviation Administration 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 sponsor to enter into any litigation to protect the interests of the sponsor. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. L.3 I`itle V1 List of Yertinent Nondiscrimination Acts and 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 non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 USC § 2000d et seq.,78 stat. 252)(prohibits discrimination on the basis of race, color,national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 460 1) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 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 USC § 6101 et seq.)(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982(49 USC § 471, Section 47123), 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, sub- recipients and contractors,whether such programs or activities are Federally funded or not); Titles I1 and III of the Americans with Disabilities Act of 1990,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 USC §§ 12131 – 12189)as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute(49 USC § 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 nondiscrimination 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); DocuSign Envelope ID:06EEOF69-2BEC-4108-BE1B-B4373869BC6D DocuSign Envelope ID:CC77AD5B-F7E7-49CF-8DE7-AD512C4AA804 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 USC 1681 et seq).