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MOU No.: M-025-18
<br />SCAG Project/OWP No.: 225-3564J2.11
<br />APPENDIX A TO EXHIBIT F
<br />During the performance of this Agreement, the City of Santa Ana, for itself, its assignees and successors
<br />in interest (hereinafter collectively referred to as "CITY") agrees as follows:
<br />(1) Compliance with Regulations: CITY 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 this MOU.
<br />(2) Nondiscrimination: CITY, with regard to the work performed by it during the MOU, shall not
<br />discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection
<br />and retention of sub -applicants, including procurements of materials and leases of equipment. CITY
<br />shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
<br />REGULATIONS, including employment practices when the agreement covers a program set forth in
<br />Appendix B of the REGULATIONS.
<br />(3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all
<br />solicitations either by competitive bidding or negotiation made by CITY for work to be performed under
<br />a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -
<br />applicant or supplier shall be notified by CITY of the CITY's obligations under this MOU and the
<br />REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
<br />(4) Information and Reports: CITY shall provide all information and reports required by the
<br />REGULATIONS, or directives issued pursuant thereto, and shall permit access to CITY's books,
<br />records, accounts, other sources of information, and its facilities as may be determined by SCAG,
<br />STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives.
<br />Where any information required of CITY is in the exclusive possession of another who fails or refuses
<br />to furnish this information, CITY shall so certify to SCAG, STATE or the FHWA as appropriate, and
<br />shall set forth what efforts CITY has made to obtain the information.
<br />(5) Sanctions for Noncompliance: In the event of CITY's noncompliance with the nondiscrimination
<br />provisions of this agreement, SCAG shall impose such agreement sanctions as it or the STATE and
<br />FHWA may determine to be appropriate, including, but not limited to:
<br />(a) withholding of payments to CITY under the MOU within a reasonable period of time, not to exceed
<br />90 days; and/or
<br />(b) cancellation, termination or suspension of the MOU, in whole or in part
<br />(6) Incorporation of Provisions: CITY 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
<br />the REGULATIONS, or directives issued pursuant thereto. CITY shall take such action with respect to
<br />any sub -agreement or procurement as SCAG, STATE or FHWA may direct as a means of enforcing
<br />such provisions including sanctions for noncompliance, provided, however, that, in the event CITY
<br />becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such
<br />February 26, 2019
<br />Page 26
<br />25C-28
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