|
The preceding statutory and regulatory cites hereinafter are referred to as the"Acts" and "Regulations," respectively.
<br /> GENERALASSURANCES
<br /> In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
<br /> guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
<br /> "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be
<br /> denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient
<br /> receives Federal financial assistance from DOT, including NHTSA."
<br /> The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights
<br /> Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the
<br /> Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination
<br /> statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is
<br /> Federally assisted.
<br /> SPECIFIC ASSURANCES
<br /> More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following
<br /> Assurances with respect to its Federally assisted Highway Safety Grant Program:
<br /> 1. The Recipient agrees that each "activity,""facility," or"program," as defined in § 21.23(b) and (e) of 49 CFR
<br /> part 21 will be (with regard to an "activity")facilitated, or will be (with regard to a "facility")operated, or will be
<br /> (with regard to a "program")conducted in compliance with all requirements imposed by, or pursuant to the
<br /> Acts and the Regulations.
<br /> 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work,
<br /> or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant
<br /> Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
<br /> "The[name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
<br /> 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
<br /> ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises
<br /> will be afforded full and fair opportunity to submit bids in response to this invitation and will not be
<br /> discriminated against on the grounds of race, color, or national origin in consideration for an award."
<br /> 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred
<br /> to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations.
<br /> 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land,
<br /> in any deed from the United States effecting or recording a transfer of real property, structures, use, or
<br /> improvements thereon or interest therein to a Recipient.
<br /> 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,the
<br /> Assurance will extend to the entire facility and facilities operated in connection therewith.
<br /> 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real
<br /> property or an interest in real property, the Assurance will extend to rights to space on, over, or under such
<br /> property.
<br /> 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A,
<br /> as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments
<br /> entered into by the Recipient with other parties:
<br /> a. for the subsequent transfer of real property acquired or improved under the applicable activity,
<br /> project, or program; and
<br /> b. for the construction or use of, or access to, space on, over, or under real property acquired or
<br /> improved under the applicable activity, project, or program.
<br /> 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended
<br /> to the program, except where the Federal financial assistance is to provide, or is in the form of, personal
<br /> property, or real property, or interest therein, or structures or improvements thereon, in which case the
<br /> Assurance obligates the Recipient, or any transferee for the longer of the following periods:
<br /> a. the period during which the property is used for a purpose for which the Federal financial assistance is
<br /> extended, or for another purpose involving the provision of similar services or benefits; or
<br /> b. the period during which the Recipient retains ownership or possession of the property.
<br /> 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of
<br /> Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it,
<br /> other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
<br /> successors in interest, and other participants of Federal financial assistance under such program will comply
<br /> with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
<br /> 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter
<br /> arising under the Acts, the Regulations, and this Assurance.
<br /> 8/31/2023 3:01:19 PM Page 8 of 13
<br />
|