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• Will take all measures necessary to ensure that no person in the United States shall, on the grounds
<br />of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any
<br />other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be
<br />denied the benefits of, or be otherwise subjected to discrimination under any of its programs or
<br />activities, so long as any portion of the program is Federally -assisted;
<br />• Will administer the program in a manner that reasonably ensures that any of its subrecipients,
<br />contractors, subcontractors, and consultants receiving Federal financial assistance under this
<br />program will comply with all requirements of the Non- Discrimination Authorities identified in this
<br />Assurance;
<br />• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to
<br />comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to
<br />records, accounts, documents, information, facilities, and staff, and to cooperate and comply with
<br />any program or compliance reviews, and/or complaint investigations conducted by US DOT or
<br />NHTSA under any Federal Nondiscrimination Authority;
<br />• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter
<br />arising under these Non -Discrimination Authorities and this Assurance;
<br />• Agrees to insert in all contracts and funding agreements with other State or private entities the
<br />following clause:
<br />o "During the performance of this contract/funding agreement, the contractor/funding recipient
<br />agrees —
<br />a. To comply with all Federal nondiscrimination laws and regulations, as may be amended
<br />from time to time;
<br />b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
<br />discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein;
<br />c. To permit access to its books, records, accounts, other sources of information, and its facilities
<br />as required by the State highway safety office, US DOT or NHTSA;
<br />d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination
<br />provisions in this contract/funding agreement, the State highway safety agency will have the
<br />right to impose such contractlagreement sanctions as it or NHTSA determine are
<br />appropriate, including but not limited to withholding payments to the contractor/funding
<br />recipient under the contractlagreement until the contractor/funding recipient complies;
<br />and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in
<br />part; and
<br />e. To insert this clause, including paragraphs (a) through (e), in every subcontract and
<br />subagreement and in every solicitation for a subcontract or sub -agreement, that receives
<br />Federal funds under this program.
<br />THE DRUG FREE WORKPLACE ACT OF 1988141 U S C 81031
<br />The Subgrantee will provide a drug -free workplace by:
<br />a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
<br />possession or use of a controlled substance is prohibited in the grantee's workplace and specifying
<br />the actions that will be taken against employees for violation of such prohibition;
<br />b. Establishing a drug -free awareness program to inform employees about:
<br />1. The dangers of drug abuse in the workplace;
<br />2. The grantee's policy of maintaining a drug -free workplace;
<br />3. Any available drug counseling, rehabilitation, and employee assistance programs;
<br />4. The penalties that may be imposed upon employees for drug violations occurring in the
<br />workplace;
<br />5. Making it a requirement that each employee engaged in the performance of the grant be
<br />given a copy of the statement required by paragraph (a);
<br />c. Notifying the employee in the statement required by paragraph (a) that, as a condition of
<br />employment under the grant, the employee will —
<br />1. Abide by the terms of the statement;
<br />2. Notify the employer of any criminal drug statute conviction for a violation occurring in
<br />the workplace no later than five days after such conviction;
<br />d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an
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