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Approval of SPONSOR's invoices by MTC shall be contingent on the timely submittal of Progress <br /> Reports. In the event such Progress Reports are not complete and current, as determined by MTC, <br /> approval of invoices shall be withheld until an acceptable Progress Report is submitted. <br /> 6. COMPLIANCE WITH LAWS <br /> SPONSOR agrees to award and administer the contracts for the Landscape Replacement Project in <br /> accordance with requirements of the Local Agency Public Construction Act, to the extent applicable, and <br /> the California Labor Code, including its prevailing wage provisions. SPONSOR further agrees to comply <br /> with all applicable provisions of MTC Appendix A, as it may be amended from time to time by MTC. <br /> 7. SIGNAGE <br /> SPONSOR shall post on both ends of the construction site(s) at least two signs visible to the public <br /> stating that the Landscape Replacement Project is funded with RM 2 and acknowledging ACCMA's <br /> participation. <br /> 8. INDEMNIFICATION <br /> SPONSOR shall indemnify, protect, defend and hold harmless ACCMA, the MTC, and their respective <br /> officers,employees, agents, representatives, and successors-in-interest against any anc all claims, suits or <br /> actions resulting from the negligent or reckless performance by SPONSOR of its duties under the <br /> Agreement. ACCMA shall indemnify, protect, defend and hold harmless SPONSOR, its officers, <br /> employees, agents, representatives, and successors-in-interest against any and all claims, suits or actions <br /> resulting from the negligent or reckless performance by ACCMA of its duties under this Agreement. <br /> 9. NONDISCRIMINATION <br /> During the performance of services under this Agreement, SPONSOR and all consultants paid with funds <br /> governed by this Agreement("Consultants") shall not discriminate against any persons or group of <br /> persons on the grounds of race, religious creed, color, national origin, age, ancestry, physical disability, <br /> medical condition, marital status, sex, sexual orientation, Vietnam Era Veteran's status, political <br /> affiliation or any other non-merit factor. SPONSOR will comply with all applicable provisions of <br /> Executive Order 11246 as amended by Executive Order 11375 and as supplemented by Department of <br /> Labor regulations. It is SPONSOR's policy and practice to assure equal opportunity and to further ensure <br /> that applicants are employed, and that employees are treated during their employment without regard to <br /> their race,religion, sex, color or national origin. <br /> It is the policy of ACCMA to ensure nondiscrimination in the award and administration of Federal and <br /> state assisted contracts and to create a level playing field on which disadvantaged business enterprises, as <br /> defined in 49 C.F.R. Part 26, can compete fairly for contracts and subcontracts relating to ACCMA's <br /> procurement and professional services activities. In connection with the performance of this Agreement, <br /> SPONSOR will cooperate with ACCMA in meeting these commitments and objectives. <br /> SPONSOR agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of <br /> 1964 (42 U.S.C. §2000 (d))and the regulations of the Department of Transportation issued thereunder(49 <br /> C.F.R. Part 21). <br /> 10. AMENDMENTS <br /> Amendments to this Agreement, including modifications to the Landscape Replacement Project, will only <br /> be effective if they are made in writing and signed by both parties. <br /> Page 3 <br />