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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 contract/agreement sanctions as it or NHTSA determine are
<br /> appropriate, including but not limited to withholding payments to the contractor/funding
<br /> recipient under the contract/agreement 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 1988 (41 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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