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<br /> FY 2011/12 TFCA Agreement
<br /> Project No 11ALAl2
<br /> City of San Leandro
<br /> Section 5. MONITORING REQUIREMENTS
<br /> Project No. 11ALAl2, San Leandro LINKS Shuttle.
<br /> Final Report Content: Final report content will be documented on Final Report Form 1,
<br /> Rideshari.ng, Shuttles, Transit Information, Rail/Bus Integration, Smart Growth, and Traffic
<br /> Calming Projects, attached hereto as Appendix E.
<br /> Section 6. INDEMNIFICATION
<br /> Sponsor shall indemnify, protect, defend and hold harmless BAAQMD and Alameda CTC,
<br /> and their respective officers, employees, agents, representatives, and successors -in- interest,
<br /> against any and all Liability, loss, expense, including reasonable attorneys' fees, or claims for
<br /> injury or damages arising out of Sponsor's performance of the Project or operation or use of the
<br /> equipment that is subject to this Agreement. Alameda CTC shall indemnify, protect, defend
<br /> and hold harmless Sponsor, its officers, employees, agents, representatives, and successors -in-
<br /> interest, against any and all liability, loss, expense, including reasonable attorneys' fees, or
<br /> claims for injury or damages arising out of the negligent or reckless performance by Alameda
<br /> CTC of its duties under this Agreement.
<br /> Section 7. NONDISCRIMINATION
<br /> During the performance of services under this Agreement, Sponsor and its consultants shall
<br /> not discriminate against any persons or group of persons on the grounds of race, religious
<br /> creed, color, national origin, age, ancestry, physical disability, medical condition, marital status,
<br /> sex, sexual orientation, Vietnam Era Veteran's status, political affiliation or any other non -merit
<br /> factor. Sponsor will comply with all applicable provisions of Executive Order 1.1246 as
<br /> amended by Executive Order 11375 and as supplemented by Department of Labor regulations.
<br /> Sponsor shall take affirmative actions to ensure that applicants are employed, and that
<br /> employees are treated during their employment without regard to their race, religion, sex,
<br /> color or national origin.
<br /> It is the policy of Alameda CTC to ensure nondiscrimination in the award and administration
<br /> of federal and state - assisted contracts and to create a level playing field on which
<br /> disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, can compete fairly for
<br /> contracts and subcontracts relating to Alameda CTC's procurement and professional services
<br /> activities. In connection with the performance of this Agreement, Sponsor will cooperate with
<br /> Alameda CTC in meeting these commitments and objectives.
<br /> Sponsor agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act
<br /> of 1964 (42 U.S.C.§ 2000 (d)) and the regulations of the Department of Transportation issued
<br /> thereunder (49 C.F.R. Part 21).
<br /> Section 8. INSURANCE
<br /> Sponsor shall obtain and maintain throughout the term of this Agreement the insurance
<br /> coverage specified by BAAQMD for each "Project Sponsor" in Appendix D ( "Insurance
<br /> Guidelines ") attached hereto and by this reference incorporated herein. Further, Sponsor shall
<br /> comply with all insurance requirements set forth in Appendix D, including the provision of
<br /> adequate documentation of said insurance coverage to Alameda CTC prior to or concurrent
<br /> with delivery of the fully - executed Agreement to Alameda CTC. Failure to obtain and maintain
<br />
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