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Page 3 <br /> FY 2012/13 TFCA Agreement <br /> Project No I2ALA02 <br /> City of Pleasanton <br /> Sponsor shall return to the Alameda CTC, on a pro-rated basis, funds received under this <br /> Agreement if a project is not maintained and/or operated throughout and until the conclusion <br /> of the project's "Years of Effectiveness" as shown in Appendix A. <br /> Sponsor shall return to the Alameda CTC any funds realized from the sale of any vehicle(s) <br /> purchased with TFCA funds, if following the date of purchase of the vehicle(s l such sale occurs <br /> prior to the last day of the last year listed as the project's "Years of Effectiveness" in Appendix <br /> A.The amount of funds returned to the Alameda CTC shall be proportional to the percentage <br /> of the TFCA funds originally used to purchase the vehicles. <br /> Section 5. MONITORING REQUIREMENTS <br /> Sponsor shall submit a TFCA Final Report ("Final Report") as required and within the time <br /> period specified in Appendix A. The required Final Report content will be documented on <br /> Final Report Form 1, Trip Reduction, attached hereto as Appendix E. <br /> Section 6. INDEMNIFICATION <br /> Sponsor shall indemnify, protect, defend and hold harmless BAAQMD and Alameda CTC, <br /> and their respective officers, employees, agents, representatives, and successors-in-interest, <br /> against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for <br /> injury or damages arising out of Sponsor's performance of the Project or operation or use of the <br /> equipment that is subject to this Agreement. Alameda CTC shall indemnify, protect, defend <br /> and hold harmless Sponsor, its officers, employees, agents, representatives, and successors-in- <br /> interest, against any and all liability, loss, expense, including reasonable attorneys' fees, or <br /> claims for injury or damages arising out of the negligent or reckless performance by Alameda <br /> CTC of its duties under this Agreement. <br /> Section 7. NONDISCRIMINATION <br /> During the performance of services under this Agreement, Sponsor and its consultants shall <br /> not discriminate against any persons or group of persons on the grounds of race, religious <br /> creed, color, national origin, age, ancestry, physical disability, medical condition, marital status, <br /> sex, sexual orientation, Vietnam Era Veteran's status, political affiliation or any other non-merit <br /> factor. Sponsor will comply with all applicable provisions of Executive Order 11246 as <br /> amended by Executive Order 11375 and as supplemented by Department of Labor regulations. <br /> Sponsor shall take affirmative actions to ensure that applicants are employed, and that <br /> employees are treated during their employment without regard to their race, religion, sex, <br /> color or national origin. <br /> It is the policy of Alameda CTC to ensure nondiscrimination in the award and administration <br /> of federal and state-assisted contracts and to create a level playing field on which <br /> disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, can compete fairly for <br /> contracts and subcontracts relating to Alameda CTC's procurement and professional services <br /> activities. In connection with the performance of this Agreement, Sponsor will cooperate with <br /> Alameda CTC in meeting these commitments and objectives. <br /> Sponsor agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act <br /> of 1964(42 U.S.C.§2000 (d)) and the regulations of the Department of Transportation issued <br /> thereunder(49 C.F.R. Part 21). <br />