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19 <br />U.S.C. §§ 3801 et seq., and U.S. DOT regulations, Program Fraud Civil <br />Remedies," 49 C.F.R. Part 31, apply to its activities in connection with the Project. <br />By executing this Agreement for the Project, the Contractor certifies or affirms the <br />truthfulness and accuracy of each statement it has made, it makes, or it may make <br />in connection with the Project. In addition to other penalties that may apply, the <br />Contractor also understands that if it makes a false, fictitious, or fraudulent claim, <br />statement, submission, certification, assurance, or representation to the <br />Federal/State Government concerning the Project, the Federal/State Government <br />reserves the right to impose on the Contractor the penalties of the Program Fraud <br />Civil Remedies Act of 1986, as amended, to the extent the Federal/State <br />Government deems appropriate. <br />(2) Criminal Fraud. If the Contractor makes a false, fictitious, or fraudulent claim, <br />statement, submission, certification, assurance, or representation to the <br />Federal/State Government or includes a false, fictitious, or fraudulent statement or <br />representation in any agreement with the Federal/State Government in connection <br />with a Project authorized under 49 U.S.C. chapter 53 or any other Federal law, the <br />Federal/State Government reserves the right to impose on the Contractor the <br />penalties of 49 U.S.C. § 5323(1), 18 U.S.C. § 1001 or other applicable <br />Federal/State law to the extent the Federal/State Government deems appropriate. <br />The Contractor agrees to comply with the requirements of 49 CFR29, <br />Subpart C throughout the period of any contract that may arise from this offer. The <br />Contractor further agrees to include a provision requiring such compliance in its <br />lower tier covered transactions. <br />Section 17. Civil Rights. The Contractor agrees to comply with all applicable civil rights <br />laws and implementing regulations including, but not limited to, the following: <br />a. Nondiscrimination in Federal Public Transportation Programs. The Contractor <br />agrees to comply, and assures the compliance of each third party contractor at any tier <br />and each subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, <br />which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, <br />and prohibits discrimination in employment or business opportunity. <br />b. Nondiscrimination -Title VI of the Civil Rights Act. The Contractor agrees to <br />comply, and assures the compliance of each third party contractor at any tier and each <br />subrecipient at any tier of the Project, with all provisions prohibiting discrimination on the <br />basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as <br />amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination <br />in Federally-Assisted Programs of the Department of Transportation -Effectuation of Title <br />VI of the Civil Rights Act," 49 C.F.R. Part 21. <br />c. Equal Employment Opportunity. The Contractor agrees to comply, and assures the <br />compliance of each third party contractor at any tier of the Project and each subrecipient at <br />any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 <br />U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § <br />2000e, and implementing Federal regulations and any subsequent amendments thereto. <br />Accordingly: <br />(1) General. The Contractor agrees that it will not discriminate <br />against any employee or applicant for employment because of race, color, creed, sex, <br />disability, age, or national origin. The Contractor agrees to take affirmative action to <br />ensure that applicants are employed and that employees are treated during employment <br />Revised 1/6/10 <br />