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e APPENDIX A • NON-DISCRIMINATION CLAUSES During the performance of this Agreement, the City of Falcon Heights, for itself, its assignees in interest (hereinafter referred to as the "Municipality"), agree as follows: (1) Compliance with Regulations: The Municipality will comply with the regulations of the Department of Transportation relative to nondis- crimination in f ederally-assisted programs of the Department of Trans- portation (Title 1~9, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by re- ference and made apart of this Agreement. (2) Nondiscrimination: The Municipality, with regard to work performed by it after award and prior to completion of the force account work, will not discriminate on the ground of race, color, or national origin including procurements of materials and leases of equipment. The Municipality will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. (3) Solicitations for Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Municipality for procurements of materials or equipment, each potential supplier shall be notified by the 14iunicipality of the Piunicipality's • obligations under this Agreement and the Regulations relative to non- discrimination on the ground of race, color or national origin. (!~) Information and Reports: The Municipality will provide all informa- tion and reports required by the Regulations, or orders and instruc- tions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information re- quired of a Municipality is in the exclusive possession of another who fails or refuses to furnish this information, the Municipality shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate; and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Non-compliance: In the event of the Municipality non- compliance with the non-discrimination provisions of this Agreement, the State Highway Department shall impose such Agreement sanctions as it or the Federal Highway Administration may determine to be appro- priate, including, but not limited to: (a) Withholding of payments to the Municipality under the Agreement until the Municipality complies, and/or • (b) Cancellation, termination, or suspension of the Agreement, in whole or in part.