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36.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all
<br /> of the paragraphs above.
<br /> 37. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
<br /> In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total
<br /> compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal
<br /> year received 80 percent or more of its annual gross revenues in federal awards,received$25,000,000 or
<br /> more in annual gross revenues from federal awards, and if the public does not have access to information
<br /> about the compensation of the senior executives of the entity through periodic reports filed under section
<br /> 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
<br /> 38. FEDERAL LOBBYING
<br /> 38.1. The undersigned certifies,to the best of his or her knowledge and belief, that:
<br /> 38.1.1.No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to
<br /> any person for influencing or attempting to influence an officer or employee of any agency, a Member of
<br /> Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
<br /> the awarding of any federal contract,the making of any federal grant, the making of any federal loan, the
<br /> entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or
<br /> modification of any federal contract, grant, loan, or cooperative agreement.
<br /> 38.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
<br /> influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
<br /> officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
<br /> 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
<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
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