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contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form- <br />LLL,Disclosure Form to Report Lobbying.in accordance with its instructions. <br />38.1.3.The undersigned shall require that the language of this certification be included in the award <br />documents for all sub-awardsat all tiers (including sub-contracts,sub-grants,and contracts under grant, <br />loans,and cooperative agreements),and that all sub-recipients shall certify and disclose accordingly. <br />38.2.This certification is a material representation of fact upon which reliance was placed when this <br />transaction was made or entered into.Submission of this certification is a prerequisite for making or entering <br />into this transaction imposed by Section 1352,Title 31,U.S.Code.Any person who fails to file the required <br />certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each <br />such failure. <br />39.NONDISCRIMINATION <br />39.1.During the performance of this Agreement,the SUB-RECIPIENT agrees: <br />39.1.1.To comply with all federal nondiscrimination laws and regulations,as may be amended from time to <br />time. <br />39.1.2.Not to participate directly or indirectly in the discrimination prohibited by any federal non- <br />discrimination law or regulation,as set forth in Appendix B of 49 CFR Part 21 and herein. <br />39.1.3.To permit access to its books,records,accounts,other sources of information,and its facilities as <br />required by the WTSC,USDOT,or NHTSA. <br />39.1.4.That,in the event a contractor/funding recipient fails to comply with any nondiscrimination <br />provisions in this contract/funding Agreement,the WTSC will have the right to impose such <br />contract/agreement sanctions as it or NHTSA determine are appropriate,including but not limited to <br />withholding payments to the contractor/funding recipient under the contract/agreementuntil the <br />contractor/funding recipient complies,and/or cancelling,terminating,or suspending a contract or funding <br />agreement,in whole or in part. <br />39.1.5.To insert this clause,including all paragraphs,in every sub-contract and sub-agreementand in every <br />solicitation for a sub-contract or sub-agreementthat receives federal funds under this program. <br />40.POLITICAL ACTIVITY (HATCH ACT) <br />The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C.1501-1508),which limit thepoliticalactivitiesofemployeeswhoseprincipalemploymentactivitiesarefundedinwholeorinpartwith <br />federal funds. <br />41.PROHIBITIONON USING GRANT FUNDS TO CHECK FOR HELMET USAGE <br />The SUB-RECIPIENT will not use 23 U.S.C.Chapter 4 grant funds for programs to check helmet usage or <br />to create checkpoints that specifically target motorcyclists.This Agreement does not include any aspects or <br />elements of helmet usage or checkpoints,and so fully complies with this requirement.