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MTC/City of San Leandro
<br />Bay Fair BART Transit Village Transit -Oriented Development Specific Plan
<br />ATTACHMENT E
<br />NONDISCRIMINATION ASSURANCES
<br />RECIPIENT HEREBY AGREES THAT, as a condition to receiving any federal financial assistance
<br />from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the
<br />Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as
<br />the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
<br />Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in
<br />Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil
<br />Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of
<br />1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and
<br />other pertinent directives, no person in the United States shall, on the grounds of race, color, sex,
<br />national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or
<br />be otherwise subjected to discrimination under any program or activity for which RECIPIENT receives
<br />federal financial assistance from the Federal Department of Transportation. RECIPIENT HEREBY
<br />GIVES ASSURANCE THAT RECIPIENT shall promptly take any measures necessary to effectuate
<br />this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
<br />More specifically, and without limiting the above general assurance, RECIPIENT hereby gives the
<br />following specific assurances with respect to its federal -aid Program:
<br />1. That RECIPIENT agrees that each "program" and each "facility" as defined in subsections 21.23 (e)
<br />and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with
<br />regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the
<br />REGULATIONS.
<br />2. That RECIPIENT shall insert the following notification in all solicitations for bids for work or
<br />material subject to the REGULATIONS made in connection with the federal -aid Program and, in
<br />adapted form, in all proposals for negotiated agreements: RECIPIENT hereby notifies all bidders that it
<br />will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority
<br />business enterprises will be afforded full opportunity to submit bids in response to this invitation and
<br />will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or
<br />disability in consideration for an award.
<br />3. That RECIPIENT shall insert the clauses of Appendix A of this assurance in every agreement subject
<br />to the ACT and the REGULATIONS.
<br />4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the
<br />land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest
<br />therein.
<br />5. That where RECIPIENT receives federal financial assistance to construct a facility, or part of a
<br />facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.
<br />6. That where RECIPIENT receives federal financial assistance in the form, or for the acquisition, of
<br />real property or an interest in real property, the Assurance shall extend to rights to space on, over, or
<br />under such property.
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