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20D - AA AND AGMT FOR CHARITABLE VENTURES
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20D - AA AND AGMT FOR CHARITABLE VENTURES
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10/1/2020 12:00:50 PM
Creation date
10/1/2020 11:58:37 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
20D
Date
10/6/2020
Destruction Year
2025
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• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency <br />(guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) <br />by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access <br />to programs (70 FIR 74087-74100). <br />The State highway safety agency— <br />• Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, <br />color, national origin, disability, sex, age, limited English proficiency, or membership in any other class <br />protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, <br />or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the <br />program is Federally -assisted; <br />• Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, <br />subcontractors, and consultants receiving Federal financial assistance under this program will comply with all <br />requirements of the Non -Discrimination Authorities identified in this Assurance; <br />• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with <br />all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, <br />documents, information, facilities, and staff, and to cooperate and comply with any program or compliance <br />reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination <br />Authority; <br />• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising <br />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 following <br />clause: <br />"During the performance of this contract/funding agreement, the contractor/funding recipient agrees — <br />a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; <br />b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law <br />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 as required by <br />the State highway safety office, US DOT or NHTSA; <br />d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this <br />contract/funding agreement, the State highway safety agency will have the right to impose such <br />contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding <br />payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient <br />complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; <br />and <br />e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in <br />every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. <br />POLITICAL ACTIVITY (HATCH ACT) <br />(applies to subrecipients as well as States) <br />The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political <br />activities of employees whose principal employment activities are funded in whole or in part with <br />Federal funds. <br />CERTIFICATION REGARDING FEDERAL LOBBYING <br />(applies to subrecipients as well as States) <br />20D-15 <br />
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