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all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative <br /> 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 transaction <br /> was made or entered into. Submission of this certification is a prerequisite for making or entering into this <br /> transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification <br /> shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each 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 time. <br /> 39.1.2.Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination <br /> 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 required <br /> by the WTSC, USDOT, or NHTSA. <br /> 39.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in <br /> this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it <br /> or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding <br /> recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, <br /> terminating, or suspending a contract or funding 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 federal <br /> 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 to <br /> create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements <br /> of helmet usage or checkpoints, and so fully complies with this requirement. <br /> 42. STATE LOBBYING <br /> None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a <br /> state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state <br /> or local legislative body. Such activities include both direct and indirect(e.g., "grassroots") lobbying activities, <br /> with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from <br /> engaging in direct communications with state or local legislative officials, in accordance with customary state <br /> practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific <br /> pending legislative proposal. <br /> 43. DESIGNATED CONTACTS <br /> The following named individuals will serve as designated contacts for each of the Parties for all communications, <br />