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MTC/City of San Leandro
<br /> Bay Fair BART Transit Village Specific Plan EIR Funding Agreement
<br /> Page 21
<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.
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