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MTC/City of San Leandro
<br />Bay Fair BART Transit Village Transit -Oriented Development Specific Plan
<br />APPENDIX A TO ATTACHMENT E
<br />During the performance of this Agreement, RECIPIENT, for itself, its assignees and successors in
<br />interest (hereinafter collectively referred to as RECIPIENT) agrees as follows:
<br />(1) Compliance with Regulations: RECIPIENT shall comply with the regulations relative to
<br />nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of
<br />Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
<br />REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
<br />(2) Nondiscrimination: RECIPIENT, with regard to the work performed by it during the AGREEMENT,
<br />shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the
<br />selection and retention of sub -applicants, including procurements of materials and leases of equipment.
<br />RECIPIENT shall not participate either directly or indirectly in the discrimination prohibited by Section
<br />21.5 of the REGULATIONS, including employment practices when the agreement covers a program set
<br />forth in Appendix B of the REGULATIONS.
<br />(3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all
<br />solicitations either by competitive bidding or negotiation made by RECIPIENT for work to be
<br />performed under a Sub -agreement, including procurements of materials or leases of equipment, each
<br />potential sub -applicant or supplier shall be notified by RECIPIENT of the RECIPIENT's obligations
<br />under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race,
<br />color, or national origin.
<br />(4) Information and Reports: RECIPIENT shall provide all information and reports required by the
<br />REGULATIONS, or directives issued pursuant thereto, and shall permit access to RECIPIENT's books,
<br />records, accounts, other sources of information, and its facilities as may be determined by STATE or
<br />FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any
<br />information required of RECIPIENT is in the exclusive possession of another who fails or refuses to
<br />furnish this information, RECIPIENT shall so certify to STATE or the FHWA as appropriate, and shall
<br />set forth what efforts RECIPIENT has made to obtain the information.
<br />(5) Sanctions for Noncompliance: In the event of RECIPIENT's noncompliance with the
<br />nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or
<br />the FHWA may determine to be appropriate, including, but not limited to:
<br />(a) withholding of payments to RECIPIENT under the Agreement within a reasonable period of time,
<br />not to exceed 90 days; and/or
<br />(b) cancellation, termination or suspension of the Agreement, in whole or in part.
<br />(6) Incorporation of Provisions: RECIPIENT shall include the provisions of paragraphs (1) through (6)
<br />in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by
<br />the REGULATIONS, or directives issued pursuant thereto.
<br />RECIPIENT shall take such action with respect to any sub -agreement or procurement as STATE or
<br />FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance,
<br />provided, however, that, in the event RECIPIENT becomes involved in, or is threatened with, litigation
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