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COOPERATIVE AGREEMENT NO. C -5 -3583
<br />EXHIBIT D
<br />A. Compliance with Regulations: CONSULTANT shall comply with the Regulations
<br />relative to nondiscrimination in federally assisted programs of the Department of Transportation
<br />(hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from
<br />time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference
<br />and made a part of this Agreement.
<br />B. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the
<br />Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and
<br />retention of subcontractors, including procurements of materials and leases of equipment.
<br />CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
<br />Section 21.5 of the Regulations, including employment practices when the Agreement covers a
<br />program set forth in Appendix B of the Regulations.
<br />C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In
<br />all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be
<br />performed under a subcontract, including procurements of materials or leases of equipment, each
<br />potential subcontractor or supplier shall be notified by CONSULTANT of CONSULTANT's obligations
<br />under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color,
<br />or national origin.
<br />D. Information and Reports: CONSULTANT shall provide all information and reports
<br />required by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
<br />records, accounts, other sources of information and its facilities as may be determined by the
<br />AUTHORITY to be pertinent to ascertain compliance with such Regulations, orders and instructions.
<br />Where any information required of a CONSULTANT is in the exclusive possession of another who
<br />fails or refuses to furnish this information CONSULTANT shall so certify to the AUTHORITY as
<br />appropriate, and shall set forth what efforts it has made to obtain the information.
<br />E. Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with
<br />nondiscrimination provisions of this Agreement, the AUTHORITY shall impose Agreement sanctions
<br />as it may determine to be appropriate, including, but not limited to:
<br />1. Withholding of payments to CONSULTANT under the Agreement until
<br />CONSULTANT complies; and /or
<br />2. Cancellation, termination, or suspension of the Agreement, in whole or in part.
<br />F. Title VI of the Civil Rights Act. In determining the types of property or services to
<br />acquire, no person in the United States shall, on the grounds of race, color, or national origin, be
<br />excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination
<br />under any program or activity receiving Federal financial assistance in violation of Title VI of the Civil
<br />Rights Act of 1964, as amended, 42 U.S.C. Sections 2000d et seq. and DOT regulations,
<br />"Nondiscrimination in Federally Assisted Programs of the Department of Transportation— Effectuation
<br />of Title VI of the Civil Rights Act of 1964," 49 CFR Part 21. In addition, FTA Circular 4702.1, "Title VI
<br />and Title VI- Dependent Guidelines for FTA Recipients," 05- 13 -07, provides FTA guidance and
<br />instructions for implementing DOT's Title VI regulations.
<br />G. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections
<br />12101 et seq., prohibits discrimination against qualified individuals with disabilities in all programs,
<br />Exhibit D
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