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9/27/2023 9:22:31 AM Page 14 of 21 <br />In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the <br />Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: <br />be denied <br />the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal <br />The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of <br />1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of <br />1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all <br />programs and activities of the Recipient, so long as any portion of the program is Federally assisted. <br />SPECIFIC ASSURANCES <br />More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances <br />with respect to its Federally assisted Highway Safety Grant Program: <br />1.49 CFR part 21 <br />will be (with regard to an facilitated, <br />in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. <br />2.The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or <br />material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in <br />adapted form, in all proposals for negotiated agreements regardless of funding source: <br />Stat. 252, 42 <br />U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any <br />contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair <br />opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, <br />color, or national origin <br />3.The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in <br />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, in any <br />deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or <br />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 Assurance <br />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 property or an <br />interest in real property, the Assurance will extend to rights to space on, over, or under such property. <br />7.That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a <br />covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the <br />Recipient with other parties: <br />a.for the subsequent transfer of real property acquired or improved under the applicable activity, project, or <br />program; and <br />b.for the construction or use of, or access to, space on, over, or under real property acquired or improved under the <br />applicable activity, project, or program. <br />8.That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the <br />program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real <br />property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or <br />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 extended, <br />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, other <br />recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and <br />other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant <br />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 arising <br />under the Acts, the Regulations, and this Assurance. <br />By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, <br />contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, <br />accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance <br />reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review