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APPENDIX A TO EXHIBIT B <br /> <br /> During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees <br />and successors in interest (hereinafter collectively refen'~ to as ADMINISTERING AGENCY) agrees as <br />follows: <br /> <br /> (1) Corneliarice with Ret, ulations: ADMINISTERING AGENCY shall comply with the <br />regulations relative io nondiscriminition in Fedemily assisted programs of the Deparunent of <br />Transportation, Ti~e 49, Code of Federal Regulations, Pan 21, as they may be mended from time to <br />time, (hereinafter referred to as the REGULATIONS), which are heroin incorporated by 'reference and <br />made a part of this agreemenL <br /> <br /> (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by <br />it during the AGREEMENT, shall not discriminam on the grounds of race, color, sex, national origin, <br />religion, age, or disability in tl~ selection and retention of sub-applicants, including procuremerits of <br />materinl-q and leases of equipment ADMINISTERING AGENCY shall not participate eitl~r directly or <br />indirectly in the discrimination prohibited 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 /> <br /> (3) Solicitations for Sub-agreements. Including Procurements of Materials and Eauinment: 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 procuremerits of materials or leases of equipment, <br />each potential sub-applicant or supplier shall be notified by ADMINISllKRING AGENCY of the <br />ADM/NISTERING AGENCYs obligations under this Agreement and the REGULATIONS relative to <br />nondiscrimination on the grounds of race, color, or national origin. <br /> <br /> (4) Information and Renorts: ADMINISTERING AGENCY shall provide all information and <br />reports required by the REGULATIONS, or direc~ves 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 compllnnce with such <br />REGULATIONS or directives. Where any information required of ADMINISTFRING 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 /> <br /> (5) Sanctions for Noncomnliance: 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 /> <br /> (a) withholding of payments to ADMINISTERING AGENCY under the Agre, ment until <br /> ADMINISTERING AGENCY complies; and/or <br /> <br /> Co) cancellation, termination or suspension of the Agreement, in whole or in part <br /> <br /> (6) Incornoration of Provisions: ADMINISTERING AGENCY shall include the provisions of <br /> paragraphs (1) throigh (6) in every sub-agreement, including procuremerits of materials and leases of <br /> equipment, unless exerapt b the REGULATIONS, or dimctives issued pursuant thereto. <br /> ADMINISTERING AGEN~ sb~ll take such action with respect to any sub-agreement or procuremeat 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, lift ation with a sub-applicant or supplier as a resuit of such direction, <br /> ADMINISTERING AG~ 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 /> <br /> 12 11/29/95 <br /> <br /> <br />