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<br />APPENDIX A TO EXHIBIT B
<br />During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
<br />and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
<br />follows:
<br />(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the
<br />regulations relative to nondiscrimination in Federally assisted programs of the Department of
<br />Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
<br />time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
<br />made a part of this agreement.
<br />(2) Nondiscrimination: ADMINISTERING 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) Solicitations 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 aSub-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 />nondiscrimination on the grounds of race, color, or national origin.
<br />(4) information and Reports: 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 books, records, accounts, -other sources of information, and its facilities
<br />as may be determined by STATE or FHWA to be pertinent to ascertain 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.
<br />(5) Sanctions 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:
<br />(a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
<br />ADMINISTERING AGENCY complies; and/or
<br />(b) cancellation, termination or suspension of the Agreement, in whole or in part.
<br />(6) Incorporation 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 />ADMINISTERING 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 asub-applicant or supplier as a result of such direction,
<br />ADMINISTERING 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.
<br />12 11/29/95
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