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• • <br />APPENDIX A TO EXHIBIT B <br />During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignee:: <br />and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY; <br />agrees as follows: <br />(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulation;: <br />relative to nondiscrimination in federally assisted programs of the Department of Transportation; <br />Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time; <br />(hereinafter referred to as the REGULATIONS), which are herein incorporated by reference anc; <br />made a part of this agreement. <br />(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it durinc: <br />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 <br />of materials and leases of equipment. ADMINISTERING AGENCY shall not participate eitherr <br />directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS; <br />including employment practices when the agreement covers a program set forth in Appendix B of <br />the REGULATIONS. <br />(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all <br />solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY four <br />work to be performed under aSub-agreement, including procurements of materials or leases of <br />equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING <br />AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and thE; <br />REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. <br />(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and report;; <br />required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access tc: <br />ADMINISTERING AGENCY's books, records, accounts, other sources of information, and it:: <br />facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance witf•~ <br />such REGULATIONS or directives. Where any information required of ADMINISTERING; <br />AGENCY is in the exclusive possession of another who fails or refuses to furnish this information; <br />ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall sel <br />forth what efforts ADMINISTERING AGENCY has made to obtain the information. <br />(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliancE <br />with the nondiscrimination provisions of this agreement, STATE shall impose such agreemerrl <br />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 within ~; <br />reasonable period of time, not to exceed 90 days; and/or <br />(b) cancellation, termination or suspension of the Agreement, in whole or in part. <br />Page 22 of 26 <br />