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APPENDIX A TO EXHIBIT B
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<br /> Du.dng the performance of this Agreement, ADMINISTERING AGENCY, for it,serf, its assignees
<br />and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
<br />follows:
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<br /> (1) Compliance with Regulations: ADMIN'ISTERING AGENCY shall comply with the
<br />mguiations relative to nondiscrimination in Federally assisted programs of the Deparunent of
<br />Transportation, Title 49, Code of Federal Regulations, Part 21, as they re. ay be amended from time to
<br />time, (hereinafter referred to as the REGULATIONS), which are hereto incorporated by reference and
<br />made a part of th~ agreement.
<br /> (2) ~l~]~fil~a~l: ADMINISTER.ING AGENCY, with regard to the work performed by
<br />it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
<br />religion, age, or disability in the selection and retention of sub-applicants, including procurements of
<br />materials and leases of equipment. ADMINISTERING AGENCY shall not participate either 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 /> (3) SQlicitations for Sub-agreements. Including Procurements of Materials and Equipment: 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 procurements of materials or leases of equipment~
<br />each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the
<br />ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
<br />nondiscriminafi6n on the grounds of race, color, or national origin.
<br /> (4) Inf rm ti n R : ADMINISTERING AGENCY shall provide all information and
<br />reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
<br />ADMINISTERING AGENCY's book, records, accounts, other sources of information, and its facilities
<br />as may be determined by STATE or FHWA to be pertinent to ascertaha compliance with such
<br />REGULATIONS or directives. Where any information required of ADMINISTERING 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.
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<br /> (5) $onctions for Noncompliance: 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:
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<br /> (a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
<br /> ADMINISTERING AGENCY complies; and/or
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<br /> (b) cancellation, termination or suspension of the Agreement, in whole or in part
<br /> (6) Incorooration of Provisions: ADMINISTERING AGENCY shall include the provisions of
<br /> paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of
<br /> equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
<br /> ADMRqlSTERING AGENCY shall take such action with respect to any sub-agreement or procurement 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, litigation with a sub-applicant or supplier as a result of such direction,
<br /> ADMIN'ISTERING AGENCY 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.
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<br /> 12 11/29/95
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