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MTC/City of San Leandro <br />Bay Fair BART Transit Village Specific Plan EIR Funding Agreement <br />Page 24 <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 />