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<br /> , - <br /> TEXAS TRAFF1C SAFETY PROGRAM GRANT AGREEMENT { Z-J Id- <br /> D~partment as an additional insured und~r its t~rms. When so directed, th~ Subgrantee shall provide or shall <br /> r~quire its subcontractor to Furnish proof of insuranc~ on TxDOT Form 20,102 (12/91) to th~ Department, and <br /> shall maintain th~ insurance during the grant paiod established in Article 1. <br /> GI8. Equal Employment Opportunity <br /> The Subgrante~ agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as <br /> amended by Executive Order 11375 and as supplementèd in Department of Labor Regulations (41 CFR 60), <br /> G19. Nondiscrimination <br /> uring the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as . <br /> !lows: '1 . <br /> 1. Compliance with Rea...uIations: The Subgrantee shall comply with the regulations relative to <br /> nondiscrimination in fedually assisted programs of th~ U.S. Department of Transportation, Title 49, Code of <br /> Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 7IOA05(b), as they may be <br />amended from t[me to time (hereinafter r~ferred to as the Regulations), which are h~rein incorporated by <br /> r~feÅ“nce and made a part of this agreem~nt <br />2, Nondiscrimination: Th~ Subgrantee, with regard to the work performed by it during the agreement, shall <br />not discriminate on th~ grounds of rac~, color, s~x, or national origin in 'th~ selection and ret~ntion of <br />subcontractors, including procurement of mat~rials and leases of equipment The Subgrante::e:: shall not <br />participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 71OAO5(b) of <br />the Regulations, including employment practices when the agreement covers a program set forth in Ap~ndix B <br />of the Regulations. <br /> .. <br />3. Solicitations for Subcontracts. IncIudin~ 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 procureme::nt of materials or leases of equipment, each potential subcontractor or supplier <br />shall be notified by the Subgrantee of the Subgrantee's obligations under tills agreement and the Regulations <br />relative to nondiscrimination on the grounds of race, color, se::x, 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 there::to, and shaIl permit access to its books, records, accounts, other <br />"""'rces of information and its facilities as may be determined by the Department or the U.S. Department of <br /> nsportation to be pertin~nt to ascertain compliance with such Regulations or directives. Where any <br /> rmation required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish. <br />tillS information, the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as <br />appropriate, and shaIl set forth what efforts it has made to obtain the information. <br />5. Sanctions for Noncompliance: In the event of the Subgrantè¡¿'s- noncompliance with the nondiscrimination <br />provisions of this agree::ment, the Department shaIl impose such sanctioIlÅ  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 <br />6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 5 in <br />eve::ry subcontract, including procurement of materials and leases of equipment, unless exempt by the <br />Regulations or directives issued pursuant the::reto, The Subgrantee shaIl take such action with respect to any <br />subcontract or procurement as the Department may direct as a means of enforcing such provisions including <br />sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is <br />threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may <br />request the Departm~nt to enter into such litigation to protect the interests of the Department; in addition, the <br /> Pagr! 9 of fO 7/95 <br />