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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 -awards at 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 (Title VI, 42 U.S.C. � 2000d et seq.) <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/agreement until 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 -agreement and in every <br />solicitation for a sub -contract or sub -agreement that 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 the <br />political activities of employees whose principal employment activities are funded in whole or in part with <br />federal funds. <br />41. PROHIBITION ON 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. <br />