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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 /> "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied
<br /> the benefits of or be otherwise subjected to discrimination under any program or activity,for which the Recipient receives Federal
<br /> 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 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. The Recipient agrees that each"activity,""facility,"or"program,"as defined in§2 1.2 3(b) and (c)of 49 CFR part 21
<br /> will be(with regard to an"activity")facilitated,or will be(with regard to a"facility")operated,or will be(with regard to
<br /> a"program")conducted 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 /> "The[name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78 Stat. 252, 42
<br /> U.S.0 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 in consideration for an award."
<br /> 3. The Recipient will insert the clauses of appendix A and E of this Assurance(also referred to as DOT Order I O5O.2A) 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
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