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<br />TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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<br />G19. Nondiscrimination
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<br />During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows:
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<br />I. Compliance with Re~ulations: The Subgrantee shall comply with the regulations relative to nondiscrimination
<br />in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part
<br />21 and Title 23 , Code of Federal Regulations, Part 71 OA05(b), as they may be amended from time to time
<br />(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this
<br />agreement.
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<br />2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the agreement, shall not
<br />discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors,
<br />including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or
<br />indirectly in the discrimination prohibited by Section 21.5 and Part 7IOA05(b) of the Regulations, including
<br />employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
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<br />3. Solicitations for Subcontracts, Includin~ Procurement of Materials and Equipment: In all solicitations
<br />either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract,
<br />including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified
<br />by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to
<br />nondiscrimination on the grounds of race, color, sex, or national origin.
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<br />4. Information and Reports: The Subgrantee shall provide all information and reports required by the
<br />Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
<br />sources of information and its facilities as may be determined by the Department or the U.S. Department of
<br />Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information
<br />required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information,
<br />the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as appropriate, and shall
<br />set forth what efforts it has made to obtain the information.
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<br />5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination
<br />provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of
<br />Transportation may determine to be appropriate, including but not limited to:
<br />· withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or
<br />· cancellation, termination, or suspension of the agreement in whole or in part
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<br />6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 5 in every
<br />subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
<br />directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or
<br />procurement as the Department may direct as a means of enforcing such provisions including sanctions for
<br />noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with
<br />litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department
<br />to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the
<br />United States to enter into such litigation to protect the interests of the United States.
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<br />G20. Disadvantaged Business Enterprise
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<br />It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises as defmed in 49
<br />CFR Part 26, shall have the opportunity to participate in the performance of contracts financed in whole or in part
<br />with Federal funds. Consequently the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to
<br />this agreement as follows:
<br />· The Subgrantee agrees to insure that Disadvantaged Business Enterprises as defmed in 49 CFR Part 26, have
<br />the opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal
<br />funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Par 26, to insure
<br />that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and
<br />subcontracts.
<br />· The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or
<br />gender in the award and performance of contracts funded in whole or in part with Federal funds.
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<br />These requirements shall be physically included in any subcontract.
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