SR-10-09-1979-6Pi
Santa Monica, California, September 27, 1979
TO: Mayor and City Council
FROM: City Staff ACT 9 1979
SUBJECT: Approval of a Contract to fund Transportation Departments;!: ! A
planning studies required by the Federal Urban Mass
Transportation Administration
Introduction
As a participant in the regional transit planning program, known as the Overall
Work Program, the Transportation Department is eligible to receive Federal Urban
Mass Transportation Administration(UMTA) Section 8 planning funds, distributed
by the Southern California Association of Governments(SCAG) in its role as metro-
politan planning organization. Through the attached contract, the Department has
been allocated up to $86,943 this year. The 200 local share of the project will
come from Transportation Development Act(SB325) funds allocated for this purpose.
Background
Under Section 8 of the Federal Urban Mass Transportation Act, the Transportation
Department is eligible to receive funding assistance for certain planning efforts
connected with the UMTA- required regional transit planning program. This year
the Department has been allocated up to $86,943 as its share of the Section 8 fund-
ing for the Los Angeles -Long Beach urbanized area. This amount is subject to final
confirmation by the Los Angeles County Transportation Commission.
The major portion of these funds will be used to reimburse costs incurred in
developing a short range transportation plan(SRTP), as required by UMTA. (In a
separate staff report, staff has proposed the selection of a consultant to complete
this plan.) Each prospective recipient of Federal transportation funds must develop
and submit such a plan, based on guidelines approved by UMTA. This year, in addition
to developing an overall five year operating and capital program, called a Trans-
portation Improvement Program(TIP) and an accompanying description and data con-
cerning the bus system and justification for expenditures, UMTA also requires
some sophisticated route by route analysis to be performed.
AT 9 1979
To: Mayor and City Co, .cil
-2- ptember 27, 1979
Under the contract, the maximum amount to be expended under the project is
$108,679. Eighty percent of this, up to $86,943, will be reimbursed by the
Federal Urban Mass Transportation Administration. The remaining 20% match-
ing funds will come from Transportation Development Act(SB 325) funds allocated
to the City for this purpose. No City general funds will be used.
Alternatives
1. The City can reject the contract. The Transportation Department would
then lose the benefit of $86,943 in Federal transportation planning funds.
If the City wished to maintain its eligibility for Federal capital and
operating assistance, it would then have to produce an SRTP /TIP document,
including all necessary data and analyses, using funds from non - Federal
sources.
2. The City could authorize the City Manager to enter into a contract with
SCAG to receive up to $86,943 in Federal Section 8 funding assistance
for completion of the SRTP and necessary operations analyses.
Recommendation
City staff recommends that the City Council authorize the City Manager to enter
into a contract with the Southern California Association of Governments for Federal
Section 8 funds to assist in developing and completing planning studies,required
by the Federal Urban Mass Transportation Administration.
Prepared by: Jack Hutchison
Bob Ayer
COOPERATIVE AGREEMENT
between
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
and the
CITY OF SANTA MONICA
FY'80 8052.02
TO ASSIST IN PLANNING AND ADMINISTRATION OF THE
OVERALL WORK PROGRAM FOR TRANSPORTATIOiN PLANNING
THIS AGREEMENT is entered into between SANTA MONICA
(hereinafter referred to as Participant a nd
the SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (hereinafter referred
to as SCAG).
This AGREEMENT shall constitute a continual (year -to -year)
management arrangement between the Participant and SCAG, and may be
amended each fiscal year to provide for any change in funds and /or funding
sources, as prescribed in Section V - paragraph 2.
RECITALS
WHEREAS, SCAG desires to insure interagency coordination for
proper development of an annual Overall Work Program for Transportation
Planning, as prescribed by the U.S. Department of Transportation Inter -
Modal Planning Group (IPG) guidelines; and
WHEREAS, SCAG desires to insure the development of an effective
and timely annual comprehensive transportation plan, adoption, and imple-
mentation process, as legislated by Federal requirements and conditions
mandated by the State of California; and
WHEREAS, SCAG desires to insure continual coordination between
subregional participants, authorized in the current Overall Work Program,
where any local comprehensive and /or modal transportation plan or project
may potentially impact another jurisdiction; and
WHEREAS, SCAG desires to insure continual satisfactory com-
pliance with the U.S. DOT Inter -Modal Planning Group guidelines, as may
be amended, Federal regulations /management manuals, and State of Califor-
nia laws and planning /management guidelines; and
WHEREAS, SCAG desires to insure appropriate disbursement of
approved Federal and State Transportation Planning, and whereas, partici-
pant has already commenced its efforts in connection with the FY'80
Overall ',fork Program; and
WHEREAS, SCAG's payments to .Participant hereunder will come
from funds provided for this purpose, as prescribed in Appendix B --
Budget Allocation, and as may be amended; and
WHEREAS, Participant intends to obligate itself hereunder
only to the extent of funds,- allocable to this agreement, which SCAG
has received, has the right to demand, or has the right to draw upon from
the appropriate funding agency.
NOW THEREFORE, IT IS MUTUALLY AGREED THAT:
I. FUNDING /PROGRAM MANAGEMENT
1. Employment of Participant. SCAG hereby agrees to engage
Participant and Participant hereby agrees to carry out the work here-
inafter described in connection with the FY'80 Overall Work Program.
2. Scope of Par'ticipant's P.es oonsibilities: Participant
hereby agrees to carry out the work, identified in Appendix A, which
is made a part of this Cooperative Agreement by reference, or as may
be amended by mutual arrangement of both parties signed herein, and as
prescribed in Section V, of this same agreement.
3. Data to be Furnished to Participant. All information,
data, reports, records, and maps as are existing,. available, and necessary
for the carrying out of the work shall be furnished to Participant with-
out charge by SCAG. SCAG shall cooperate with Participant in every
way possible in carrying out the work set forth in this agreement.
4. Personnel.
a. The Participant .represents that it has, or shall secure
at its own expense, all personnel required in perfo ping the services
under this agreement. Such personnel shall not be employees of or have
any contractual relationship with SCAG.
b. All of the services required hereunder shall be per-
formed by the Participant or under its supervision, and all personnel
engaged in the work shall be fully qualified and shall be authorized
under State and local law to perform such services.
c. None of the work or services covered by this agreement
shall be subcontracted without the prior approval of SCAG.
5. Time of Performance. The scope of work of the Participant,
shall include such services rendered effective (as set forth in the effec-
tive (OWP) and such services shall continue until completion by no later
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than February 1, 1980. Participant and SCAG may agree to extend the time
of performance hereunder by amendment of this Agreement.
6. Method of Payment. In performing the scope of work set
forth in Paragraph 2 hereof, Participant may incur the costs authorized
by Expense Budget Category and Task Budget Allocation,, labeled Appendix
B, and incorporated herein by this reference. Said costs shall be the
only costs for which Participant shall have a right to partial reimburse-
ment by SCAG hereunder (hereinafter referred to as allowable costs).
Participant may incur said allowable costs up to a maximum sum of Ljp$,679�Qo
which SCAG shall reimburse Participant for said allowable costs up
to a maximum of $ 86,943.00 Payment shall be made in the following
manner:
a. Participant shall submit requisitions (identified by fund
source by task /sub -task) for payment_ of the reimbursable portion of
allowable costs not more frequently than once monthly. With each such
requisition, a Status Report setting forth a summary of the work performed
and products produced since the previous requisition, if any, shall be
attached.
b. SCAG shall pay to the Participant the reimbursable portion
(not to exceed 800 of the allowable costs) set forth in said requisitions.
c. Participant must have an Indirect Cost Proposal on file
with SCAG before reimbursement for allowable costs are requested from
the appropriate funding agency. The Indirect Cost Proposal shall be
documented in accordance with Federal Management Circular 74 -4. Par-
ticipant shall further document that any costs charged to Travel (and
related expenses) are consistent with the established federal rate of
reimbursement, as prescribed in the appropriate federal guidelines.
d. All costs charged to this agreement by Participant must
be supported by properly executed payrolls, time records, invoices, and
vouchers, evidencing in proper detail the nature and propriety of the
charges, and shall be costs allowable as determined by Federal Management
Circular 74 -4 and Code of Federal Regulations, Title 41 (Public Contracts
and Property Management) Part 1 -15 Contract Cost Principles and Pro -
cedures, Subpart 1 -15.7 Grants and Contracts with State and Local Govern-
ments.
e. Participant may submit, and SCAG shall pay, requisitions
for the reimbursable portion of allowable costs incurred by Participant
prior to the effective date of this Agreement in accordance with Section
V.1 hereof.
f. Participant :must establish and maintain a separate Fund
Account, as prescribed under State and Federal audit requirements within
its existing accounting system specifically for and limited to all fiscal
activities required to perform the services under this agreement. Par-
ticipant's accounting system shall comply with the regulations and stand-
ards of the Cost Accounting Standards Board. All accounting records shall
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readily provide a breakdown of costs charged to this agreement as pre-
scribed by Paragraph 6 hereof and Appendix B herein. Such records, to-
gether with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three years
after receipt of final payment.
g. In the event that as a result of an audit by the federal
government or any agency thereof it is determined that monies received
by Participant from SCAG were expended in violation of federal law,
which violation was caused by some act or omission of the Participant, and
if SCAG then becomes obligated to pay and does pay such monies to the
federal government, then the Participant expressly agrees to reimburse
SCAG in the amount of such monies. SCAG agrees to appeal and otherwise
exercise any rights or priveleges it holds in an effort to finally deter-
mine whether or not such violation occurred.
7. Audits. At any time during normal business hours, and
as often as SCAG, the U.S. Department of Transportation (and the appro-
priate funding agency), the State of California, or the Comptroller
General of the United States may deem necessary, the Participant shall
make available for examination all of its records with respect to all
matters covered by this agreement for purposes of audit, examination, or
to make excerpts, invoices, materials, payrolls, personnel records,
conditions of employment and other data relating to all matters covered by
this agreement. In lieu of an audit made by SCAG, or at its direction,
the Participant may submit an audit performed by a certified public
accountant.
8. Identification of Documents. All reports, maps, and other
documents completed as a part of this agreement, other than documents
exclusively for internal use within SCAG or the Participant, shall carry
the following notation on the front cover or title page (or in the case
of maps, in the same block) containing the name of SCAG; The prepara-
tion of this document was financed in part through a grant from the
U.S. Department of Transportation and (indicate appropriate funding
agency(s) who funded the specific effort). The contents of this report
relect the views of the (Participant's name) which is responsible for the
facts and the accuracy of the data presented herein. The contents do not
necessarily reflect the official views or policy of SCAG, the U.S. Depart-
ment of Transportation, State of California, or any funding agency identi-
fied herein. This report does not constitute a standard, specification or
regulation ".
II. FEDERAL AND STATE MANDATORY REQUIREMENTS
1. Equal Employment Opportunity. In connection with the
execution of this agreement, the Participant shall not discriminate
against any employee or applicant for employment because of race, color,
religion, sex or national origin. The Participant shall take affirmative
action to ensure that applicants are employed, and that employees are
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treated during employ...,nt, without regard to their ro_.:, color, religion,
sex, or national origin. Such action shall include, but not be limited
to the following: Employment, upgrading, demotion, or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection of training, including appren-
ticeship. The Participant agrees to post in conspicuous places, avail-
able to employees and applicants for employment, notices setting forth
the provisions of the Equal Opportunity clause.
2. Nondiscrimination. During the performance of this agree-
ment, the Participant agrees as follows:
a. In connection with the execution of this agreement, the
Participant shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The participant shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin. Such
action shall include but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection of training, including apprenticeship. The Participant agrees
to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of the Equal Opportunity
Clause.
b. The Participant shall, in all solicitations or advertise-
ments for employees placed by or on behalf of the Participant, state
that all qualified applicants shall receive consideration for employment
without regard to race, color, religion, sex, or national origin.
c. The Participant shall send to each labor union or represent-
ative of workers with which it has a collective bargaining agreement
or other contract or understanding, a notice advising the labor union or
worker's representative of the Participant's commitments under this Equal
Opportunity clause, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
d. The Participant shall comply with all provisions of Execu-
tive Order No. 11246 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
e. The Participant shall furnish all information and reports
required by Executive Order No. 11246 of September 24, 1965. and by the
rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and shall permit access to his books, records, and accounts
by SCAG and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
f. In the event of the Participant's non - compliance with
Equal 9pportunity clause of this agreement or any of the said rules,
regulations, or orders, this agreement may be cancelled, terminated,
or suspended, in whole or in part, and the Participant, may be declared
ineligible for further government contracts in accordance with procedures
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authorized in Executive Order No. 11240 of September 24, 1965, and such
other sanctions.may be imposed and remedies invoked as provided in Execu-
tive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
g. The Participant shall include the provisions of parag
raphs (a) through (g) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No. 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or
vender. The Participant shall take such action with respect to any
subcontract or purchase order as SCAG may direct as a means of enforcing,
such provisions, including sanctions for noncompliance. Provided, how-
ever, that in the event the Participant becomes involved in, or is threat-
ened with litigations with a subcontractor or vender as a result of such
direction by SCAG, the Participant may request the United States to enter
into such litigation to protect the interests of the United States.
Civil Rights. During the performance of this agreement,
the Participant shall comply with the clauses contained in Appendix
C, which is made a part of this agreement by reference, and which provides
for compliance with Title 49, Code of Federal Regulations, Part 21,
promulgated to effectuate Title VI of the Civil Rights Act of 1964.
4. Minority Business Enterprise. In connection with the
performance of this agreement, the Participant will cooperate with SCAG in
meeting its commitments and goals with regard to the maximum utilization
of :ninority business enterprises and will use its best efforts to insure
that minority business enterprises shall have the maximum practicable
opportunity to compete for subcontract work under this agreement.
5. Political Activity. No portion of the funds received
by the Participant under this agreement shall be used for any political
activity or to further the election or defeat of any _candidate for public
office.
6. Prohibited Interest. No officer, member, or employee
of SCAG and no members of its governing body, and no other public official
of the governing body of the locality or localities in which the agree-
ment is situated or being carried out who exercises any functions or
responsibilities in the review or approval of the undertaking or carrying
out of this agreement which affects his personal interest or the interest
of any corporation, partnership, or association in which he is, directly,
or indirectly interested or have any personal or precuniary interest,
direct or indirect, shall be admitted to any snare of this agreement.
7. Interest of Participant. The Participant agrees that
it presently has no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the per-
formance of services required to be performed under this agreement. The
Participant further agrees that in the performance of this agreement
no person having any such interest shall be employed.
8. Interest of Members of or Delegates to Congress. No member
of or Delegate to the Congress of the United States of America and no
Resident Commissioner shall be admitted to any share or part of this
agreement or to any benefit arising therefrom.
9. Copyright. The Participant (and /or its sub- contractor)
shall be free to copyright material developed under this contract with
the provision that SCAG and the funding agencies identified herein re-
serve a royalty -free, non exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, the work
for government purposes.
10. Notice of Assistance Regarding Patent and Copyri hg t In-
fringements. The Participant agrees to report to SCAG promptly, and
in reasonable written detail, each notice or claim of patent or copyright
infringement based on the performance of this agreement of which the
Participant (and /or its sub - contractor) has knowledge. In the event
of any claim or suit against SCAG or funding agency identified herein
on account of any alleged patent or copyright infringement arising out
of the performance of this agreement or out of the use of any supplies
furnished or work or services performed hereunder, the Participant agrees
to furnish SCAG, when requested by SCAG, all evidence and information
in possession of the Participant (and /or its sub - contractor) pertaining
to such a suit or claim. Such evidence'and information shall be furnished
at the expense of SCAG except where the Participant (and /or its subcon-
tractor) has agreed to indeminify SCAG and /or the funding agency of this
agreement.
III. SPECIAL THIRD PARTY CONTRACT PROVISIONS
1. Prohibition Against Contingent Fees. The Participant war-
rants that no person or company has been employed or retained to solicit
or secure a Third Party (sub - contractor) contract upon as agreement or
understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees; nor has the Participant paid or agreed to
pay any person., company, corporation, individual or firm, other than a
bona fide employee, any fee, commission, contribution, donation, percent-
age, gift, or any other consideration, contingent upon or resulting from
award of a Third Party contract. For any breach or violation of this
provision, SCAG shall have the right to terminate this agreement 'without
liability and, at their discretion, to deduct from this agreement price
(approved herein), or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration and any other such damages.
SCAG shall be responsible for reporting the details of such breach or
violation to the proper legal authorities, where and when appropriate.
2. Evaluation, Selection and Approval of Third Party Contracts.
SCAG shall be permitted a
itted participation in the eluation and selection of
any Third Party contractors, or any other Participant sub - contract pro-
posals, which are solicited to carry -out task assignments, or any portion
thereof, as approved herein, and specified in Appendix A (Scope of Work).
As identified in Section I, paragraph 4.c, none of the work or services
covered by this agreement shall be sub - contracted without the prior
approval of SCAG and the appropriate funding agency (as may be required);
see subparagraph (d) below regarding Sole Source contract arrangem ents.
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a. The Participant shall prepare a Request For Proposal
(hereinafter referred to as RFP) for review by SCAG before distribution
of the RFP by the Participant to prospective consultant firms, or any
other individuals and planning groups who may be interested in Third
Party contract work as part of this agreement.
b. RFP's shall be sent to at least three (3) prospective
clients. Minority -owned consultant firms should have maximum opportunity
to compete for Participant sub - contracts.
c. Evaluation of Proposals by Participant shall be con-
ducted in accordance with a Selection Criteria format.
d. Approval of Sole Source contract arrangement will be
evaluated by SCAG on a project -by- project basis, subject to provisions
of Section I, paragraph 4.c.
e. Participant shall prepare the appropriate federal Price
Analysis forms (e.g. FAA Form 4400 -2) and make this sub - contract cost
allocation and burden rate documentation a part of the proposed contract
submitted to SCAG for review and approval.
f. Participant shall submit with the proposed contract
documentation of their RFP process and criteria used for selection of
the consultant (sub- contractor) firm, individual or planning groups.
!g. Subject to provisions of Section I, paragraph 4.c, SCAG
will forward'all Participant sub - contractor (Third Party) draft contracts
to the appropriate funding agency requesting approval to .execute the
contract and authorizing expenditure of funds by the consultant. FHWA
specifically requires that where FHWA monies are to be used for a sub -
regional consultant effort, any third -party contract must be co- signed by
SCAG.
h. Subject to provisions of Section I, paragraph 4.c,
amendments to a Third Party contract must be approved by SCAG /funding
agency before any change can be effectuated.
IV. SPECIAL CONTRACT TERMINATION PROVISIONS
1. Termination of Agreement and /or Sub - Contract for Cause.
If, Through any cause, the Participant Shall fail to fulfill in timely
and proper manner its obligations under this agreement, or if the Par-
ticipant violates any of the covenants, agreements, or stipulations of
this agreement, SCAG shall thereupon have the right to terminate this
agreement by giving written notice to the Participant of such termination
and specifying the effective date thereof. In the event such termination
action is performed, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, reports or other related
material (identified as part of the approved work program, specified in
Appendix A - Scope of Work) prepared by the Participant under this agree-
ment shall, at the option of SCAG, become SCAG's property, and the Parti-
cipant shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials.
a. Notwithstanding the above, the Participant shall not
be relieved of liability to SCAG for damages sustained by SCAG by virtue
of any breach of the agreement by the Participant, and SCAG may withhold
any payments to the Participant for the purpose of setoff until such
time as the exact amount of damage to SCAG from the Participant is deter-
mined.
b. Participant is provided the same liability protections
of Section IM (paragraph 1) in the event a sub - contractor has violated
any provisions of the Third Party contract or of this agreement. All
finished or unfinished products of the sub - contractor shall immediately
revert back to the Participant for its proper disposition.
2. Termination at Convenience of the Parties. SCAG or Par -
ticipant may terminate this agreement at any time by giving written notice
to the other party of such termination and specifying the effective date .
thereof, at least fifteen (15) days before the effective date of such
termination. In that event, all finished or unfinished documents and
other materials (as described in Appendix A - Scope of Work) shall,
at the option of SCAG, become its property. If this agreement is ter-
minated for cause by SCAG as provided herein, the Participant shall be
paid an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total services of the Participant
covered by this agreement, less payments of compensation previously
received and /or requested.
a. Provided however, that if less than sixty (60) percent
of the services covered by this agreement and the effective Resolution for
Performance of Service have been performed upon the effective date of such
termination, the Participant shall be reimbursed (in addition to the above
payment) for the portion of the actual out -of- pocket expenses (not other-
wise reimbursed under this agreement) incurred by the Partticipant during
the agreement period which are directly attributable to the uncompleted
portion of.the services covered by this agreement.
b. If this agreement is terminated due to the fault of
the Participant, Section IM hereof shall become effective.
3. Disputes. Except as otherwise provided in this agreement,
any dispute concerning a question of fact arising under this agreement
which is not disposed of by mutual agreement shall be decided by a court
of competent jurisdiction.
4. Responsibility for Claims and Liability. The Participant
(or its sub - contractor ) shall not assign any interest in this agreement,
and shall not transfer any interest in the same (whether by alignments
of novation), without the prior written consent of SCAG. Claims for money
due or to become due to the Participant (and /or its sub - contractor)
from SCAG under this agreement may not be assigned to a bank, trust
company or their financial institution without such approval. Notice of
any such assignments or transfer of responsibility or funds shall be
furnished promptly to SCAG.
M
V. CONTRACT EXECUTION AND AMENDMENT
1. Time of Effectiveness and Retroactive. This Agreement
shall go into effect when the persons authorized to bind each party hereto
have signed herein and when all necessary approvals have been obtained.
2. Amendments. Proposed changes to this Cooperative Agreement
shall be in writing by a letter of Amendment Request and as set forth by
the Amendment procedures in this paragraph..
a. Any changes to the Cooperative Agreement shall become
effective when all persons herein, or their respective staff designate,
have jointly signed a Letter of Contract Amendment.
3. Integrated Agreement. This Agreement, and any amendments
hereafter, sets forth all rights and duties of the parties signed hereto
with respect to the subject matter hereof and replaces any, and all,
previous Agreements, or understandings, whether written or oral, relating
thereto.
dm
IN WITNESS WHEREOF the Southern California Association of
Governments and the Participant have executed this agreement as of the
dates shown below.
By
(Name of Participant)
ate
A
ATTEST:
Southern California
Association of Governments
Date
Authorizing Officer /Clerk Administrative Officer
APPROVED AS TO LEGAL FORM:
Attorney /General Counsel
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SCAG Attorney
SPECIAL FEDERAL PROVISIONS
During the performance of this agreement, the Participant agrees as
follows:
(1) Compliance with Regulations: The Participant shall comply
with the Regulation relative to nondiscrimination in Federally assisted
programs of the Department of Transportation (hereinafter, "DOT ") 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: The Participant, with regard to the work
performed by it during the agreement, shall not discriminate on the
grounds of race, color, or national origin in the selection and retention
Of subcontractors, including procurements of materials and leases of
equipment.. The Participant shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Reg-
ulations.
(3) Solicitations for Subcontracts, Including Procurements of
Materials and Equipment: In all solicitations either by competitive
bidding or negotiation made by the Participant for work to be performed
under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by
the Participant of the Participant's obligations under this agreement
and the Regulations relative to nondiscrimination on the grounds of race,
color, or national origin.
(4) Information and Reports: The Participant shall provide all
information and reports required by the Regulations or directives issued
pursuant thereto, and shall permit access to its books, records accounts,
other sources of information, and its facilities as may be determined by
SCAG or the Urban Mass Transportation Administration to be pertinent to
ascertain compliance with such Regulations, orders and instructions.
Where any information required of the Participant is in the exclusive
possession of another who fails or refuses to furnish this information,
the Participant shall so certify to SCAG and shall set forth what efforts
it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Participant's
noncompliance with the nondiscrimination provisions of this agreement,
SCAG shall impose such agreement sanctions as it or the Urban Mass Trans-
portation Administration may determine to be appropriate, including,
but not limited to:
(a) withholding of payments to the Participant under the
agreement until the Participant complies, and /or
(b) cancellation, termination or suspension of the agree-
ment, in whole or in part.
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(6) Incorporation of Provisions: The Participant shall include
the provisions of paragraphs 1 through (6) in every subcontract, in-
cluding procurements of materials and leases of equipment, unless exemp-
ted by the Regulations of directives issued pursuant thereto. The Parti-
cipant shall take such action, with respect to any subcontract or pro-
curement, as SCAG or the Urban Mass Transportation Administration may
direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the Participant
becomes involved in or is threatened with litigation with a subcontractor
or supplier as a result of such direction, the Participant may request
SCAG to enter into such litigation to protect the interests of SLAG,
and, in addition, the Participant may request the United States to enter
into such litigation to protect the interests of the United States.
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