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BK 00027 PG <br />APPENDIX A TO TITLE VI ASSURANCE <br />During the performance of this contract, the contractor, for itself, its assignees and successors in interest <br />(hereinafter referred to as the "contractor ") agrees as follows: <br />(1) Compliance with Regulations: The contractor shall comply with the Regulation relative to <br />nondiscrimination in Federally- assisted programs of the Department of Transportation (hereinafter, "DOT ") <br />Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter <br />referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. <br />(2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not <br />discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, <br />including procurements of materials and leases of equipment. The contractor shall not participate either <br />directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment <br />practices when the contract covers a program set forth in Appendix B of the Regulations. <br />(3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all <br />solicitations either by competitive bidding or negotiation made by the contractor for work to be performed <br />under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor <br />or supplier shall be notified by the contractor of the contractor's obligations under this contract and the <br />Regulations relative to nondiscrimination on the grounds of race, color, or national origin. <br />(4) Information and Reports: The contractor shall provide all information and reports required by the <br />Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other <br />sources of information, and its facilities as may be determined by the County of Lee or the Federal Transit <br />Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where <br />any information required of a contractor is in the exclusive possession of another who fails or refuses to <br />furnish this information the contractor shall so certify to the County of Lee, or the Federal Transit <br />Administration as appropriate, and shall set forth what efforts it has made to obtain the information. <br />(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination <br />provisions of this contract, the County of Lee shall impose such contract sanctions as it or the Federal Transit <br />Administration may determine to be appropriate, including, but not limited to: <br />(a) withholding of payments to the contractor under the contract until the contractor complies, and/or <br />(b) cancellation, termination or suspension of the contract, in whole or in part. <br />(6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in <br />every subcontract, including procurements of materials and leases of equipment, unless exempt by the <br />Regulations, or directives issued pursuant thereto. <br />The contractor shall take such action with respect to any subcontractor procurement as the County of Lee or <br />the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for <br />noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, <br />litigation with a subcontractor or supplier as a result of such direction, the contractor may request the County <br />of Lee to enter into such litigation to protect the interests of the County of Lee, and, in addition, the contractor <br />may request the United States to enter into such litigation to protect the interests of the United States. <br />