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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 46 <br /> <br /> <br />third party, without the approval of AGENCY or AGENCY’s consultant(s) or subconsultants. FHWA <br />reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and <br />to authorize others to use, for federal government purposes: (a) the copyright in any work developed <br />under this Agreement; and (b) any rights of copyright to which AGENCY or AGENCY’s consultant(s) <br />or subconsultants purchase ownership under this Agreement. <br /> <br />5. EQUAL EMPLOYMENT OPPORTUNITY <br /> In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section <br />303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the <br />Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for FTA-funded <br />projects, AGENCY agrees that it shall not, on the grounds of race, religious creed, color, national origin, <br />age, physical disability or sex, discriminate or permit discrimination against any employee or applicant <br />for employment. <br /> <br />6. DISADVANTAGED BUSINESS ENTERPRISES (DBE) <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 /> AGENCY shall not discriminate on the basis of race, color, national origin or sex in the <br />performance of this Agreement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in <br />the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these <br />requirements is a material breach of contract, which may result in the termination of this agreement or <br />such other remedy as MTC deems appropriate. <br /> <br />7. 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 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued <br />thereunder (49 CFR Part 21). <br /> <br />8. 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), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as <br />amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and <br />their implementing regulations. <br /> <br />9. STATE ENERGY CONSERVATION PLAN <br /> AGENCY shall comply with all mandatory standards and policies relating to energy efficiency <br />that are contained in the State energy conservation plan issued in compliance with the Energy Policy and <br />Conservation Act (42 U.S.C. § 6321). <br /> <br />10. DEBARMENT <br /> AGENCY certifies that neither it, nor any of its participants, principals or subcontractors is or <br />has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from <br />covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department. <br /> <br />419