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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 27 <br /> <br /> <br />APPENDIX A TO ATTACHMENT B <br /> <br />(Clauses to be inserted in every agreement subject to ACT and REGULATIONS) <br /> <br />During the performance of the applicable Supplement, AGENCY, for itself, its assignees and successors <br />in interest (hereinafter collectively referred to as AGENCY) agrees as follows: <br /> <br />(1) Compliance with Regulations: AGENCY 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 the applicable <br />Supplement. <br /> <br />(2) Nondiscrimination: AGENCY, with regard to the work performed by it during the Agreement, shall <br />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 />AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 <br />of the REGULATIONS, including employment practices when the agreement covers a program set forth <br />in Appendix B of the REGULATIONS. <br /> <br />(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all <br />solicitations either by competitive bidding or negotiation made by AGENCY for work to be performed <br />under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub- <br />applicant or supplier shall be notified by AGENCY of the AGENCY’s obligations under the applicable <br />Supplement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or <br />national origin. <br /> (4) Information and Reports: AGENCY shall provide all information and reports required by the <br />REGULATIONS, or directives issued pursuant thereto, and shall permit access to AGENCY’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 AGENCY is in the exclusive possession of another who fails or refuses to furnish <br />this information, AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth <br />what efforts AGENCY has made to obtain the information. <br /> <br />(5) Sanctions for Noncompliance: In the event of AGENCY’s noncompliance with the nondiscrimination <br />provisions of the applicable Supplement, STATE shall impose such agreement sanctions as it or the <br />FHWA may determine to be appropriate, including, but not limited to: <br /> <br />(a) withholding of payments to AGENCY under the Agreement within a reasonable period of time, not to <br />exceed 90 days; and/or <br /> <br />(b) cancellation, termination or suspension of the Agreement, in whole or in part. <br /> <br />(6) Incorporation of Provisions: AGENCY shall include the provisions of paragraphs (1) through (6) in <br />every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the <br />REGULATIONS, or directives issued pursuant thereto. <br /> <br />400