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City of San Leandro
<br /> FTA No. 74A0834
<br /> Page 6 of 12
<br /> administrative procedures in accordance with 49 CFR, Part 18, Uniform
<br /> Administrative Requirements for Grants and Cooperative Agreements to State and
<br /> Local Governments.
<br /> c. Any Project costs for which AGENCY has received payment or credit that are
<br /> determined by subsequent audit to be unallowable under 2 CFR, Part, 48 CFR,
<br /> Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by AGENCY to
<br /> CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within
<br /> thirty(30)days of discovery or demand, or within such other period as may be agreed
<br /> in writing between the parties hereto, CALTRANS is authorized to intercept and
<br /> withhold future payments due AGENCY from CALTRANS or any third-party source,
<br /> including, but not limited to, the State Treasurer,the State Controller or any other
<br /> fund source.
<br /> 9. Americans with Disabilities Act
<br /> By signing this FTA,AGENCY assures CALTRANS that in the course of performing
<br /> Project work, it will fully comply with the applicable provisions of the Americans with
<br /> Disabilities Act(ADA) of 1990, which prohibits discrimination on the basis of
<br /> disability, as well as all applicable regulations and guidelines issued pursuant to the
<br /> ADA. (42 U.S.C. 12101 et seq.)
<br /> 10. Indemnification
<br /> Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
<br /> damage or liability occurring by reason of anything done or omitted to be done by
<br /> AGENCY, its officers, employees, agents or its subcontractors under or in connection
<br /> with any work, authority or jurisdiction conferred upon AGENCY under this FTA. It is
<br /> understood and agreed that AGENCY, its officers, employees, agents, or subcontractors
<br /> shall fully defend, indemnify and save harmless CALTRANS and all its officers and
<br /> employees from all claims, suits or actions of every name, kind and description brought
<br /> forth under, including, but not limited to,tortuous, contractual, inverse condemnation
<br /> or other theories or assertions of liability occurring by reason of anything done or
<br /> omitted to be done by AGENCY, its officers, employees, agents or subcontractors
<br /> under this FTA.
<br /> 11. Non-Discrimination
<br /> a. During the performance of this FTA, AGENCY and all of its sub-recipients and its
<br /> sub-contractors, if any, shall not unlawfully discriminate, harass or allow
<br /> harassment, against any employee or applicant for employment because of sex, race,
<br /> color, ancestry,religious creed, national origin, disability (including HIV and AIDS),
<br /> mental disability, medical condition(cancer), age (over 40), marital status, denial of
<br /> family and medical care leave, and denial of pregnancy disability leave. AGENCY,
<br /> its subcontractors, and sub-recipients shall ensure that the evaluation and treatment
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