|
DocuSign Envelope ID: 1 B46502C-936F-4363-9309-A1593E81 EB36
<br /> For Official Use Only
<br /> any of the above nondiscrimination covenants, Sub-recipient shall have the right to re-enter said land and facilities
<br /> thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute
<br /> property of Sub-recipient and its assigns. Reverted clause and related language to be used only when it is
<br /> determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of
<br /> 1964.
<br /> 30. Assurance of Compliance with Privacy Act
<br /> The Sub-recipient agrees:
<br /> A. To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there
<br /> under, when performance under the program involves the design, development, or operation of any system or
<br /> records on individuals to be operated by the Sub-recipient, its third-party contractors, subcontractors, or their
<br /> employees to accomplish a USDOT function.
<br /> B. To notify USDOT when the Sub-recipient or any of its third-party contractors, subcontractors„ sub recipients,
<br /> or their employees anticipate a system of records on behalf of USDOT in order to implement the program, if
<br /> such system contains information about individuals name or other identifier assigned to the individual. A
<br /> system of records subject to the Act may not be used in the performance of this Agreement until the necessary
<br /> and applicable approval and publication requirements have been met.
<br /> C. To include in every solicitation and in every third-party contract, sub-grant, and when the performance of
<br /> work, under that proposed third-party contract, sub grant, or sub agreement may involve the design,
<br /> development, or operation of a system of records on individuals to be operated under that third-party contract,
<br /> sub grant, or to accomplish a USDOT function, a Privacy Act notification informing the third party
<br /> contractor, or sub Recipient, that it will be required to design, develop, or operate a system of records on
<br /> individuals to accomplish a USDOT function subject to the Privacy Act of 1974, 5 U.S.C. §552a, and
<br /> applicable USDOT regulations, and that a violation of the Act may involve the imposition of criminal
<br /> penalties; and
<br /> D. To include the text of Subsections 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
<br /> design, development, or operation of a system of records on behalf of the USDOT.
<br /> 31. Certification Regarding Drup--Free Workplace Requirements (Sub Recipients Other Than Individuals)
<br /> This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988,. The
<br /> regulations, published in the January 31, 1989 Federal Register, require certification by sub-recipient, prior to
<br /> award, that they will maintain a drug-free workplace. The certification set out below is a material representation
<br /> of 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 /> The subgrantee(sub-recipient)certifies that it will or will not continue to provide a drug-free workplace by:
<br /> (a)Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing,possession
<br /> or use of a controlled substance is prohibited in the Sub-recipient's workplace and specifying the actions that
<br /> will be taken against employees for violation of such prohibition.
<br /> (b)Establishing a drug-free awareness program to inform employees about:
<br /> (1)The dangers of drug abuse in the workplace;
<br /> (2)The Sub-recipient's policy of maintaining a drug-free workplace;
<br /> (3)Any available drug counseling,rehabilitation,and employee assistance programs; and
<br /> (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace
<br /> (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
<br /> the statement required by paragraph(a);
<br /> (d)Notifying the employee in the statement required by paragraph(a)that, as a condition of employment under
<br /> the grant,the employee will:
<br /> (1)Abide by the terms of the statement; and
<br /> HMEP MOA 2018 Page 12 of 14
<br />
|