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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 12 <br /> <br /> <br />EXHIBIT B-2 <br />ADDITIONAL TERMS AND CONDITIONS <br />(FEDERALLY REQUIRED CLAUSES) <br /> <br />1. EQUAL EMPLOYMENT OPPORTUNITY <br /> In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section <br />VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e); Section 303 of the Age <br />Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with <br />Disabilities Act of 1990 (42 U.S.C. § 12132); and, for FTA-funded projects, 49 U.S.C. § 5332 and any <br />implementing requirements that FTA may issue. AGENCY agrees that it will not, on the grounds of <br />race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit <br />discrimination against any employee or applicant for employment. <br /> <br />2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY <br />It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination <br />in the award and administration of DOT-assisted contracts and to create a level playing field on which <br />disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete <br />fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities. <br /> <br />AGENCY shall not discriminate on the basis of race, color, national origin or sex in the <br />performance of the applicable Supplement. AGENCY shall carry out applicable requirements of 49 <br />CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry <br />out these requirements is a material breach of contract, which may result in the termination of the <br />applicable Supplement or this Agreement, or such other remedy as MTC deems appropriate. <br /> <br />3. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 <br /> AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights <br />Act of 1964 (42 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued <br />thereunder (49 CFR Part 21). For FTA-funded projects, AGENCY further agrees to comply with the <br />current FTA Circular 4702.1A, “Nondiscrimination Guidelines for FTA Recipients,” the U.S. DOT <br />Order to Address Environmental Justice in Minority Populations and Low-Income Populations, and the <br />U.S. DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficient (LEP) <br />Persons. <br /> <br />4. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES <br /> AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities <br />Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of <br />1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § <br />5310(f); and their implementing regulations. <br />385