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COOPERATIVE AGREEMENT NO. C-6-1516 <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 Egupment: 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 Linder 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 <br />Page 2 <br />