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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81
<br />ABAG/City Innovate
<br />PROVIDER Bench Management Software
<br />Page 28
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<br />ATTACHMENT D-2
<br />NONDISCRIMINATION ASSURANCES
<br />
<br />PROVIDER HEREBY AGREES THAT, as a condition to receiving any federal financial
<br />assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with
<br />Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4
<br />(hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code
<br />of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
<br />“Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -
<br />Effectuation of Title VI of the Civil Rights Act of 1964” (hereinafter referred to as the
<br />REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end
<br />that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in
<br />the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability,
<br />be excluded from participation in, be denied the benefits of, or be otherwise subjected to
<br />discrimination under any program or activity for which PROVIDER receives federal financial
<br />assistance from the Federal Department of Transportation. PROVIDER HEREBY GIVES
<br />ASSURANCE THAT PROVIDER shall promptly take any measures necessary to effectuate this
<br />agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
<br />
<br />More specifically, and without limiting the above general assurance, PROVIDER hereby gives the
<br />following specific assurances with respect to its federal-aid Program:
<br />
<br />1. That PROVIDER agrees that each “program” and each “facility” as defined in subsections 21.23
<br />(e) and 21.23 (b) of the REGULATIONS, will be (with regard to a “program”) conducted, or will
<br />be (with regard to a “facility”) operated in compliance with all requirements imposed by, or
<br />pursuant to, the REGULATIONS.
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<br />2. That PROVIDER shall insert the following notification in all solicitations for bids for work or
<br />material subject to the REGULATIONS made in connection with the federal-aid Program and, in
<br />adapted form, in all proposals for negotiated agreements: PROVIDER hereby notifies all bidders
<br />that it will affirmatively insure that in any agreement entered into pursuant to this advertisement,
<br />minority business enterprises will be afforded full opportunity to submit bids in response to this
<br />invitation and will not be discriminated against on the grounds of race, color, sex, national origin,
<br />religion, age, or disability in consideration for an award.
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<br />3. That PROVIDER shall insert the clauses of Appendix A of this assurance in every agreement
<br />subject to the ACT and the REGULATIONS.
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<br />4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with
<br />the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or
<br />interest therein.
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<br />5. That where PROVIDER receives federal financial assistance to construct a facility, or part of a
<br />facility, the Assurance shall extend to the entire facility and facilities operated in connection
<br />therewith.
<br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575
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