For Official Use Only
<br />EMPG MOA 2018 11 of 13
<br />race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise
<br />subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or
<br />under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin
<br />shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination,
<br />and (3) that the [Sub-recipient, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other
<br />requirements imposed by or pursuant 2 CFR Sub Part F Effectuation of Title VI of the Civil Rights Act of 1964,
<br />and as said Regulations may be amended.
<br />
<br />B. That in the event of breach of any of the above nondiscrimination covenants, Sub-recipient shall have the right to
<br />terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold
<br />the same as if said [license, lease, permit, etc.] had never been made or issued.
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<br />C. That in the event of breach of any of the above nondiscrimination covenants, Sub-recipient shall have the right to
<br />re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and
<br />vest in and become the absolute property of Sub-recipient and its assigns.
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<br /> * Reverted clause and related language to be used only when it is determined that such a clause is necessary in order
<br />to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
<br />30. Assurance of Compliance with Privacy Act
<br />The Sub-recipient agrees:
<br />
<br />A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there under,
<br />when performance under the program involves the design, development, or operation of any system or records on
<br />individuals to be operated by the Sub-recipient, its third-party contractors, subcontractors, or their employees to
<br />accomplish a DHS function.
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<br />B. To notify DHS when the Sub-recipient or any of its third-party contractors, subcontractors, sub-recipients, or their
<br />employees anticipate a system of records on behalf of DHS in order to implement the program, if such system
<br />contains information about individuals name or other identifier assigned to the individual. A system of records
<br />subject to the Act may not be used in the performance of this Agreement until the necessary and applicable approval
<br />and publication requirements have been met.
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<br />C. To include in every solicitation and in every third-party contract, sub-grant, and when the performance of work,
<br />under that proposed third-party contract, sub grant, or sub agreement may involve the design, development, or
<br />operation of a system of records on individuals to be operated under that third-party contract, sub grant, or to
<br />accomplish a DHS function, a Privacy Act notification informing the third party contractor, or sub Recipient, that
<br />it will be required to design, develop, or operate a system of records on individuals to accomplish a DHS function
<br />subject to the Privacy Act of 1974, 5 U.S.C. §552a, and applicable DHS regulations, and that a violation of the Act
<br />may involve the imposition of criminal penalties; and
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<br />D. To include the text of Sections 30 part A through C in all third party contracts, and sub grants under which work
<br />for this Agreement is performed or which is award pursuant to this Agreement or which may involve the design,
<br />development, or operation of a system of records on behalf of the DHS.
<br />
<br />31. Certification Regarding Drug-Free Workplace Requirements (Sub-recipients Other Than Individuals)
<br />This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988, 44 CFR Part 17,
<br />Sub Part F. The regulations, published in the January 31, 1989 Federal Register, require certification by sub- Recipient,
<br />prior to award, that they will maintain a drug-free workplace. The certification set out below is a material representation
<br />of the act upon which reliance will be placed when the agency determines to award the grant. False certification or
<br />violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or
<br />government-wide suspension of debarment, (See 2 CFR Part 200).
<br />
<br />A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use
<br />of a controlled substance is prohibited in the Sub-recipient’s workplace and specifying the actions that will be taken
<br />against employees for violation of such prohibition.
<br />DocuSign Envelope ID: C6DC9C4F-C47A-4FD4-963D-64FC40BF7A2F
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