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<br /> APPENDIX A TO EXHIBIT B
<br /> During the performance of this Agreement,ADMINISTERING AGENCY,for itself,its assignees
<br /> and successors in interest(hereinafter collectively referred to as ADMINISTERING AGENCY)agrees as
<br /> follows:
<br /> (1) compliance with Regulations: ADMINISTERING AGENCY shall comply with the
<br /> regulations relative to nondiscrimination in Federally assisted programs of the Department of
<br /> Transportation,Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to
<br /> time, (hereinafter referred to as the REGULATIONS),which are herein incorporated by reference and
<br /> made a part of this agreement.
<br /> (2) Nondiscrimination: ADMINISTERING AGENCY,with regard to the work performed by
<br /> it during the AGREEMENT,shall not discriminate on the grounds of race, color,sex, national origin,
<br /> religion, age,or disability in the selection and retention of sub-applicants, including procurements of
<br /> materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or
<br /> indirectly in the discriminationprohibited by Section 21.5 of the REGULATIONS, including employment
<br /> practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
<br /> (3) Solicitations for Sub-agreements.Including Procurements of Materials and Equipment: In
<br /> all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
<br /> work to be performed under a Sub-agreement, including procurements of materials or leases of equipment,
<br /> each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the
<br /> ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
<br /> nondiscrimination on the grounds of race,color,or national origin.
<br /> (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and
<br /> reports required by the REGULATIONS,or directives issued pursuant thereto,and shall permit access to
<br /> ADMINISTERING AGENCY's books,records,accounts,other sources of information, and its facilities
<br /> as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such
<br /> REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in
<br /> the exclusive possession of another who fails or refuses to furnish this information,ADMINISTERING
<br /> AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts
<br /> ADMINISTERING AGENCY has made to obtain the information.
<br /> (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's
<br /> noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such
<br /> agreement sanctions as it or the FHWA may determine to be appropriate,including,but not limited to:
<br /> (a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
<br /> ADMINISTERING AGENCY complies;and/or
<br /> (b) cancellation,termination or suspension of the Agreement, in whole or in part.
<br /> (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
<br /> paragraphs (1)through (6) in every sub-agreement,including procurements of materials and leases of
<br /> equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto.
<br /> ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as
<br /> STATE or FHWA may direct as a means of enforcing such provisions including sanctions for
<br /> noncompliance,provided, however,that,in the event ADMINISTERING AGENCY becomes involved
<br /> in, or is threatened with,litigation with a sub-applicant or supplier as a result of such direction,
<br /> ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of
<br /> STATE, and,in addition,ADMINISTERING AGENCY may request the United States to enter into such
<br /> litigation to protect the interests of the United States.
<br /> 12 11/29/95
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