|
•
<br /> APPENDIX A TO EXHIBIT B
<br /> •
<br /> During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
<br /> and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
<br /> follows:
<br /> (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the
<br /> regulations relative to nondiscrimination in Federally assisted programs of the Department of
<br /> • Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
<br /> time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
<br /> made a part of this agreement.
<br /> (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by
<br /> it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
<br /> religion, age, or disability in the selection and retention of sub - applicants, including procurements of
<br /> materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or
<br /> indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment
<br /> practices wheti the agreement covers a program set forth in Appendix B of the REGULATIONS.
<br /> (3) Solicitations for Sub-agreements, Including Procurements of Materi. s and Equipment: In
<br /> all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
<br /> work to be performed under a Sub - agreement, including procurements of materials or leases of equipment,
<br /> each potential sub - applicant or supplier shall be notified by ADMINISTERING AGENCY of the
<br /> ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
<br /> nondiscrimination on the grounds of race, color, or national origin.
<br /> (4) Information and Report: ADMINISTERING AGENCY shall provide all information and
<br /> reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
<br /> ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities
<br /> • as may be determined by STATE or FHWA to be pertinent to ascertain compliance wit•such
<br /> REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in
<br /> the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING
<br /> AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts
<br /> ADMINISTERING AGENCY has made to obtain the information.
<br /> (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's
<br /> • noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such
<br /> agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
<br /> (a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
<br /> ADMINISTERING AGENCY complies; and/or
<br /> (b) cancellation, termination or suspension of the Agreement, in whole or in part.
<br /> •
<br /> • (6) incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
<br /> paragraphs (1) through (6) in every sub - agreement, including procurements of materials and leases of
<br /> equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
<br /> ADMINISTERING AGENCY shall take such action with respect to any sub - agreement or procurement as
<br /> STATE or FHWA may direct as a means of enforcing such provisions including sanctions for
<br /> noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved
<br /> in, or is threatened with, litigation with a sub - applicant or supplier as a result of such direction,
<br /> ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of
<br /> STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such
<br /> litigation to protect the interests of the United States.
<br /> •
<br /> 12 11/29/95
<br /> •
<br />
|