25C - AGMT BICYCLIST PED EDUCATION

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MOU No.: M-025-18 SCAG ProjecUOWP No.: 225-3564J2.11 7. That CITY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the CITY with other parties: Appendix C; a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and Appendix D; b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program. That this assurance obligates CITY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates CITY or any transferee for the longer of the following periods: a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b) the period during which CITY retains ownership or possession of the property. 9. That CITY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that CITY, other recipients, sub -grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the MOU. 10. That CITY agrees that SCAG, the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. 11. CITY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any SCAG assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. CITY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and administration of SCAG assisted contracts. CITY'S DBE Implementation Agreement is incorporated by reference in this MOU. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, SCAG may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.) February 26, 2019 Page 24 25C-26