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MTC/City of San Leandro
<br />Master Funding Agreement for FY 2021-22 to FY 2030-31
<br />Page 24
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<br />EXHIBIT B-3
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<br />ATTACHMENT B
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<br />NONDISCRIMINATION ASSURANCES
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<br />AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from
<br />the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil
<br />Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT),
<br />and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
<br />Transportation, Subtitle A, Office of the Secretary, Part 21, “Nondiscrimination in Federally-Assisted
<br />Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964”
<br />(hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent
<br />directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives,
<br />no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or
<br />disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
<br />discrimination under any program or activity for which AGENCY receives federal financial assistance
<br />from the Federal Department of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT
<br />AGENCY shall promptly take any measures necessary to effectuate the applicable Supplement. This
<br />assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
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<br />More specifically, and without limiting the above general assurance, AGENCY hereby gives the following
<br />specific assurances with respect to its federal-aid Program:
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<br />1. That AGENCY agrees that each “program” and each “facility” as defined in subsections 21.23 (e) and
<br />21.23 (b) of the REGULATIONS, will be (with regard to a “program”) conducted, or will be (with regard
<br />to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the
<br />REGULATIONS.
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<br />2. That AGENCY shall insert the following notification in all solicitations for bids for work or material
<br />subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in
<br />all proposals for negotiated agreements: AGENCY hereby notifies all bidders that it will affirmatively
<br />insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will
<br />be afforded full opportunity to submit bids in response to this invitation and will not be discriminated
<br />against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for
<br />an award.
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<br />3. That AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to
<br />the ACT and the REGULATIONS.
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<br />4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land,
<br />in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein.
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<br />5. That where AGENCY receives federal financial assistance to construct a facility, or part of a facility,
<br />the Assurance shall extend to the entire facility and facilities operated in connection therewith.
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