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<br /> 'rEXA.S 'rRAFFIC SAFE'rY PROGRAM GRANT AGREEMENT
<br /> G19. Nondiscrimination -
<br /> During the performance of this agreement, .the Subgrantee, its assigns and successors in interest, agrees as
<br /> follows:
<br /> 1. Compliance with Regulations: The Sub grantee 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,
<br /> Part 21 and Title 23 , Code of Federal Regulations, Part 7 10 AO5(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.
<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
<br /> or indirectly in the discrimination prohibited by Section 21.5 and Part 71OAO5(b) of the Regulations, including
<br /> employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
<br /> 3. Solicitations for Subcontracts, Including 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
<br /> subcontract, including procurement of materials or leases of equipment, each potential subcontractor or ;-upplier
<br /> shall be notified by the Subgrantee of the Subgrantee' s obligations under this agreement and the Regulations
<br /> relative to nondiscrimination on the grounds of race, color, sex, or national origin.
<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
<br /> information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this
<br /> information, the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as
<br /> appropriate, and shall set forth what efforts it has made to obtain the information.
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<br /> 5. Sanctions for Noncompliance: In the ~vent 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 approptiate, 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
<br /> 6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs I 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.
<br /> G20. Minority Business Enterprise
<br /> It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defllled in 49 CFR
<br /> 23, Subpart A, shall have the maximum oppornmity to participate in the performance of contracts flllanced in
<br /> whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23,
<br /> exclusive of Subpart D, apply to this agreement as follows:
<br /> . The Subgrantee agrees to insure that Minority Business Enterprises as defllled in 49 CFR 23, Subpart A,
<br /> have the maximum opportunity in the performance of contracts and subcontracts flllanced in whole or in part
<br /> with Federal funds. In this regard, the Subgrantee shall take all necessary and reasonable steps in accordance
<br /> with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum
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