Agmt22 Association of Bay Area Gov. (ABAG)

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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 ABAG/City Innovate PROVIDER Bench Management Software Page 31 APPENDIX A TO ATTACHMENT D-2 During the performance of this Agreement, PROVIDER, for itself, its assignees and successors in interest (hereinafter collectively referred to as PROVIDER) agrees as follows: (1) Compliance with Regulations: PROVIDER shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: PROVIDER, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. PROVIDER shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by PROVIDER for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by PROVIDER of the PROVIDER’s obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: PROVIDER shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to PROVIDER’s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of PROVIDER is in the exclusive possession of another who fails or refuses to furnish this information, PROVIDER shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts PROVIDER has made to obtain the information. (5) Sanctions for Noncompliance: In the event of PROVIDER’s noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to PROVIDER under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: PROVIDER shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575