HomeMy WebLinkAboutContract 40760U.S. Department
of Transportation
Federal Motor Carrier
Safety Administration
GRANT AGREER7ENT
I�ROJRCT #: NIH104850000000
DUNS 782003727
CITY SECRETARY
CONTRACT NO.
,40:1
This grant agreement behveen the Federal Motor Carrier Safety Administration (FMCSA) and the City of Fort Worth is entered into in accordance
with sections 31102 and 31 103 of title 49, United States Code. In accordance with these statutory authorities, the Administrator, FMCSA, hereby
approves the application of the City of Fort Worth (here -in -after known as the State) to receive Federal grant funding assistance for the
implementation of a Motor Carrier Safety Assistance Program as described in the State's 2010 High Priority grant application,
The total participating cost of the program consisting of the Federal share and the State share is projected to be $238,823. The Federal share shall be
$191,058 and the State share shall be $47,765. The Federal share of the approved costs incurred by the State shall not exceed 80 percent, unless the
FMCSA and the State agree to ad ifferent share percentage.
"the Consolidated Appropriations Act of 2010 provides grant funding for commercial motor vehicle safety programs as authorized under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Pub. L. 111447, 124 State 71 (2010); Pub. L. 109-
59, 119 State 1 144 (2005),
Future funding is subject to availability and any future law or laws extending or reauthorizing surface transportation programs. However, should
authorization of motor carrier safety programs and funding not be renewed or lapse for a short period, FMCSA's authority and ability to reimburse
recipients may be suspended. The Recipient will be notified if this funding gap occurs and upon notification the Recipient agrees not to incur expenses
and costs during this period.
The State hereby agrees to: (i) carry out the provisions of the Motor Carrier Safety Assistance Program as described in the application in a manner
acceptable to the FMCSA, (2) subnut to the FMCSA quarterly reports covering the progress of the project and describing the results and the impact of
the project in reducing the commercial motor carrier accident rate, (3) maintain accurate and auditable records to support the costs incurred, (4) submit
the final claim within 90 days after the program is completed, and (5) comply with the provisions set forth in the attached Financial Assistance
Agreement General Provisions and Assurances.
This agreement is subject to termination by FMCSA by its withdrawal of approval of the 7.010 High Priority grant application in accordance with
section 31102(d) of title 49, United States Code. lit the event the State decides to terminate this Agreement, it must notify FMCSA at least 90 days
notice prior to the date it intends the termination to take effect.
This grant project period is effective upon execution and expires 9/30/11.
(Authorized Representative)
Federal Motor
(Authorized Representative)
panne Cisneros c (�,1 � C
ion Administrator. D❑te: 9
The collection o(this iufotuuttio❑ is authorized under the provisions of P.L- 97-424; P.L 99-570; 49 US.C- J l 101-31103 and N.L- 105-178.
I'uttlic rcponing for Chia collec[iat of informmion Ls a.atimated to tx 30 m�outes r_r resperse, including dtc time for reviewing inswctior[s and compleWno and reviewing the collection of itdormation.
:\II responses to Unis aillectirnn of iu(umtatian air mandatory, and aill he provided confidentiality to the eaten[ allowed by la•,v. Not Wit hStall ding any ocher provision of law, no persm[ is required to
rc.pnnrl to nee,hall a lxrcon he suhjecl to a ixtutlq' for failure to comply with a Collection o(iniontnnrion sublect to the reyuircments of the Paperwork Reduction Act unless Ihat collection of
infomuation displays a current valid OMB Control Number. the valid ONIB Control Numtxr for this uvormatiou collection is 21 _6-0011). `lend comments regordutg this burden cmunmte or anv other
aspect of this collection of itdr,nuation, uxluding suggestions for reducing this burden to information Collection Clearance Officer, Federal Motor Carrier Safety Adrninutration IMC-NIBI. U.S.
Department of Transporrabon. Wa,hinnon. D_C '0590.
FMCSA
Form MCSAP-2 (Rev. 02,O8)
a OFFICl/�L RECORD
CITY SECRETARY
"T WORTH, Tx
OhiB 2L26-0010 (Exp. 02/11)
09-07-10 A11�09 IN
CITY OF FORT WORTH - FEDERAL
MOTOR CARRIER SAFETY
ASSISTANCE HIGH PRIORITY
GRANT
Jeffrey W. Halstead
Chief of Police
r �
Signature?-`,t '.rYc!/j/..:,f��✓yi1 f!�%t�;Ly - ��'L C�
Date: (')Y� ,, L> I �J
Tom Higgins
Assistant City Manager
Signature:
Date: t L%Llb
APPROVED AS TO FORM AND
LEGALITY:
Monica Wofford Wood
Assistant City Attorney
Signature: J,(,r,+,'��
Date: �(
ATTEST:
City Secretary �
Date:
Authority
Contract Number: `tV / Lo0
OFFI�GIA� RECORD
CITY SECRETARY
T. WORTH, TX I
Grant Name
FY10 MCSAP High Priority Grant
Grant Award Date
State
Texas
Requesting entity
Cityof Fort Worth
Entity EIN/TIN
756000528
Entity DUNS number
782003727
Approved amount of grant
$ 1912058
Federal share
80 percent
Accounting string
17X05700MW201 M9057001VIHP-004800000041050
PO number
MH104850000000
Period of performance
Upon execution through 9/30/11
Si ned grant agreement attached
Grant Program Contact
Cim Weiss
202-366-0275
cim.weiss@dot. ov
This form Is used forAutomated Clearing House (ACH) payments with an addendum record that contains
paymenturelated information processed through the Vendor Express Program. Recipients of these payments
should bring this information to the attention of thelrfinancial institution when presenting this form for
completion.
PRIVACY ACT STAT> MENT
The following information is provided to comply with the Privacy Act of 1974 (P.L. 93�579), Alf information ao(lecfed on
this form Is required under the provisions of 31 U,S.C. 3322 and 31 CFR 210. This information will be used by the
Treasury Department to transmit payment data, by electronic means to vendor's financial institution. Failure to provide
the requested information may delay or preventthe receipt of payments through the Automated Clearing House
Payment System,
FEDERAL. PR06RAM AGENCY: UNITED STATES MARSHALS SERVICE
(Add Your 2-Digit ACH FORMAT; ❑X CCD+
AGENCY )DENTIFIER:15 AGENCY LOCATION CODE (ALC): 8179 District Number)
❑ CfX
DISTRICT OFFICE ADDRESS: (CITY, STATE, ZIP) 333 Clay Street, Ste.3050, Houston, Texas 77002 '
DISTRICT NAME AND DISTRICT NUMBER: (Leave blank if Headquarters) S/TX #79
NAME OF PERSON SUSMITT'1NG REQUEST; Marla L, Maresh
NAME OF ADMINISTRATIVE OFFICER: Carolyn Keys
TYPE OF VENDOR: ❑ JAIL(HOUSING[ ❑ D15TRICT ® AF E-PAY
TRANSPORT) VENDOR
COMPLETEVENDORNAME; CITY OFFORTWORTH
TELEPHONE NUMBER:713-718-3047
TELEPHONE NUMBER: 713-71 &3049
HEADQUARTERS
VENDOR
SSN NO.OR
TAXPAYER ID NO.:
(9 DIGITS)
❑YES
Vandon
One Time
MAILING ADDRESS: (CITY, STATE, ZIP) 1000 THROCKMORTON, FORT wORTH, TX 76102
CONTACT NAME AND EMAIL TELEPHONE
(REQUIRED FOR EFF)r SHANNON HAWKINS NUMBER: 817-392-4249
COMPLE fE NAME OF FINANCIAL IN51'ITUTION: JPMORGAN CHASE
MAILING ADDRESS: (CITS Y, TATE, 4IP)420 THROCKMORTON STREET, SUITE 420
ACH COORDINATOR NAME:VERON{CAALEMAN
TELEPHONE NUMBER:817-884-4130
❑-NO
756000528
ROUTINGTRANSITNUMBER;(9DIGlTS)11100061�t _ DEP051TORACCOUNTTITLE;CITYOFFORTWORTH
DEPOSITOR ACCOUNT NUMBER;i 180121202 LOCKBOX NUMBER;N/A � -
TYPEOF ACCOUNT; X❑ CHECKING LiSAVINGS Li' LOCKBOX
PRINTED
NAME OF AUTHORIZED OFFICIAL:
(Could be same asACH Coordinator)
TiTLE;FIRSTVICE PRESIDENT
J. M1GI-iAEL WILSON SIGNATURE:
TELEPHONI: NUMB
PREVIOUS EDlTi0N5 OBSOLETE
Form USM-3881(Oased on SF388�)
Rev 03/10
Z/Z 6�95-988-LI.B asey� ue6.roU,ld� W�' OZ'06 OtOZ80-ln�
This form is used for Automated Clearing House (ACH) payments with an addendu
payment -related information processed through the Vendor Express Program,
payments should bring this information to the attention of their financial institution
form for completion. See reverse for additional instructions.
OMB No. 1510-0058
m record that contains
Recipients of these
when presenting this
The following information is provided to comply with the Privacy Act of 1974 (P.. 93 579). All
information collected on this form is required under the provisions of 31 U.S.C. 3322 and 31 CFR
210. This information will be used by the Treasury Department to transmit payment data, by
electronic means to vendor's financial institution. Failure to provide the requested information may
delay or prevent the receipt of payments through the Automated Clearing House Payment System.
AGENCY INFOFiMATIORI
FEDERAL PROGRAM AGENCY
Federal Motor Carrier Safety Administration
AGENCY IDENTIFIER:
n/a
AGENCY LOCATION CODE IALC):
n/a
ACH FORMAT:
CCD+ CTX
ADDRESS:
1200 New Jersey Avenue SE, Washington, DC 20590
CONTACT PERSON NAME:
Sheila Brooks, MC-B
TELEPHONE NUMBER:
( 202 )366-3861
ADDITIONAL INFORMATION:
FMCSA PO Number: MH104850000000
FINANCIAL
PAYEE/COMPANY
INPORKAATION
NAME
SSN N0. OR TAXPAYER Ib N0.
,,6ATR
ADDRESS Et sd i' ble y€ G f b $ 4{tee tot&( l)(M4
CONTACT PERSON NAME: e
/tdeT� C�rt9
TELEPHONE NUMBER:
��6v
; } t 2.-
INSTITUTIOIV INFORMATION
ADDRESS:
fNIT 6
/0
ACH COORDINATOR NAME:
TELEPHONE
NUM�BvERa
NINE -DIGIT ROUTING TRANSIT NUMBER:
® i
DEPOSITOR ACCOUNT TITLE:
DEPOSITOR ACCOUNT NUMBER: pp/y d
LOCKBOX NUMBER:
NIdO
TYPE OF ACCOUNT:
21 CHECKING SAVINGS
LOCKBOX
SIGNATURE AND TITLE OF AUTHORIZED OFFICIAL:
TELEPHONE
NUMBER:
(Could be the same as ACH Coordinator)'
ell
4
AUTHORIZED FOR LOCAL REPRODUCTION sr Judi IRev. ZIlooa )
Prescribed by Department of Treasury
31 U S C 3322; 31 CFR 210
Instructions for Completing SF 3881 Form
Make three copies of or after completing. Copy 1 is the Agency Copy; copy 2 is the
Payee/Company Copy; and copy 3 is the Financial Institution Copy.
1. Agency Information Section -Federal agency prints or types the name and address of
the Federal program agency originating the vendor/miscellaneous payment, agency
identifier, agency location code, contact person name and telephone number of the
agency. Also, the appropriate box for ACH format is checked.
2. Payee/Company Information Section - Payee prints or types the name of the
payee/company and address that will receive ACH vendor/miscellaneous payments,
social security or taxpayer ID number, and contact person name and telephone number
of the payee/company. Payee also verifies depositor account number, account title, and
type of account entered by your financial institution in the Financial Institution
Information Section.
3. Financial Institution Information Section -Financial institution prints or types the name
and address of the payee/company's financial institution who will receive the ACH
payment, ACH coordinator name and telephone number, nine -digit routing transit
number, depositor (payee/company) account title and account number. Also, the box
for type of account is checked, and the signature, title, and telephone number of the
appropriate financial institution official are included.
The estimated average burden associated with this collection of information is 15 minutes
per respondent or recordkeeper, depending on individual circumstances. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden
should be directed to the Financial Management Service, Facilities Management Division,
Property and Supply Branch, Room 13-101, 3700 East West Highway, Hyattsville, MD
20782 and the Office of Management and Budget, Paperwork Reduction Project
(1510-0056), Washington, DC 20503.
FINANCIAL ASSISTANCE AGREEMENT GENERAL PROVISIONS
AND ASSURANCES
April 28, 201Q
Section 1. General Requirements
a. Obligation of Recipient to Comply.
The Recipient will comply with all applicable Federal laws and requirements imposed by the Federal Motor Carrier Safely Administration (FMCSA)
concerning special requirements of law, program requirements, and other administrative requirements. This includes but is not limited to (1) U.S. DOT
regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (common grant management
rule), 49 C.F.R. Part 18, applies to projects with governmental bodies; (2) U.S. DOT regulations, "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," 49 C.F.R. Part 19, applies to Projects with institutions of
higher education and private nonprofit organizations. 49 C.F.R. Part 19 also applies to grants and cooperative agreements with private for -profit
organizations; and OMB Circulars A-87, A-21.
b, ripplication of Federal, State, and Local Laws and Regulations.
1. Federal Laws and Regulations.
The Recipient understands that Federal laws, regulations, policies, and related administrative practices applicable to this Agreement on the date the
Agreement was executed may be modified from time to time. The Recipient agrees that the most recent of such Federal requirements will govern the
administration of this Agreement at any particular time, except if there is sufficient evidence in this Agreement of a contrary intent. Likewise, new Federal
laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed and may apply to this Agreement.
To achieve compliance with changing Federal requirements, the Recipient agrees to include in all sub -assistance agreements and third party contracts
financed with FMCSA assistance, specific notice that Federal requirements may change and the changed requirements will apply to the Project as required.
All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements.
2. State or Territorial Law and Local Law.
Except to the extent that a Federal statute or regulation preempts State or territorial law, nothing in this Agreement shall require the Recipient to observe or
enforce compliance with any provision thereof, perform any other act, or do any other thing in contravention of any applicable State or territorial law;
however, if any of the provisions of this Agreement violate any applicable State or territorial law, or if compliance with the provisions of this Agreement
would require the Recipient to violate any applicable State or territorial law, the Recipient agrees to notify the FMCSA immediately in writing in order that
FMCSA and the Recipient may make appropriate arrangements to proceed with the Project as soon as possible.
Section 2. ethics
a. Nritten Code of ethics,
The Recipient agrees to maintain a written code or standards of conduct that shall govern the performance of its officers, employees, board members, or
agents engaged in the award and administration of contracts supported by Federal fitnds. The code or standards shall provide that the Recipient's officers,
employees, board members, or agents may neither solicit nor accept gratuities, favors or anything of monetary value from present or potential contractors,
subgrantees, or regulated entities. The Recipient may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of
nominal intrinsic value. As permitted by State or local law or regulations, such code or standards shall provide for penalties, sanctions, or other disciplinary
actions for violations by the Recipient's officers, employees, board members, or agents, or by contractors or sub -grantees or their agents.
1. Personal Conflict of Interest.
The Recipient's code or standards must provide that no employee, officer, board member, or went of the Recipient may participate in the selection,
award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Sttch a conflict would
arise when an} of the parties set forth below has a financial or other interest in the firm selected for award:
(a) The employee, officer, board member, or agent;
(b) Any member of his or her immediate family;
(C) His or her partner; or
(d) An organization that employs, or is about to employ, any of the above.
2. Organizational Conflicts of Lttcrest.
The Recipient's code or standards of conduct must include procedures for identif}'ing and preventing real and apparent organizational conflicts of
interests. Ali organizational conflict of interest exists when the nahrre of the work to be performed under a proposed third party contract, may, without
some restrictions on future activities, result in an unfair competitive advantage to the contractor or impair the contractor's objectivity in performing the
contract work.
b. Hatch :act.
The Recipient agrees to comply, as applicable, with provisions of the Hatch Act (5 U.S.C_ §§ 1501-1508 and 7321-7326) N\fiich limit the political activities
1
of employees whose principal employment activities are funded in whole or in part with Federal Funds.
e. Limitation on Use of Federal Funds for Lobbying for Grants in Excess of 3100,000.
By signing this agreement the Recipient declares that it is in compliance with 31 U.S.C. Sec. 1352, which prohibits the use of Federally appropriated finds
to influence a Federal employee, officer, or Member of Congress in connection with the making or modification of any Federal grant, loan, contract, or
cooperative agreement. Unless the payment of finds is otherwise reported to FMCSA, signing this agreement constitutes a declaration that no funds,
including funds not Federally appropriated, were used or agreed to be used to influence this grant. Recipients of subgrants in excess of $100,000 must make
the same declarations to the Recipient. With respect to the payment of funds not Federally appropriated by the recipient and subrecipients, the recipient must
report to the FMCSA the name and address of each person paid or performing services for which payment is made, the amount paid, and the activity for
which the person was paid.
Section 3. Contracting
a. Federal Standards.
The Recipient agrees to comply with the Procurement Standards requirements set forth at 49 C.F.R. $ 18.36 or 49 C.P.R. �§ 19.40 through 19.48 inclusive,
whichever may be applicable, and with applicable supplementary U.S. DOT or FMCSA directives or regulations. If determined necessary for proper Project
administration, FMCSA reserves the right to review the Recipient's technical specifications and requirements.
b. Buy American Act.
The Recipient agrees to conform with the Buy American Act (4I U.S.C. §§ I Oa-d), as required by Section 708 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 (Public Law 109-115 (November 30, 2005)). As required by
Section 709 of the appropriations act, the Recipient represents that it has never been convicted of violating the Buy American Act, and agrees that it will not
make funding received under the appropriations act available to any person or entity that has been convicted of violating the Buy American Act.
c. NotiScatimr Requirement.
With respect to any procurement for goods and services (including construction services) having an aggregate value of $500,000 or more, the Recipient
agrees to:
1. specify in any announcement of the awarding of the contract for such goods or services the amount of Federal funds that will be used to
finance the acquisition, and;
2. express the said amount as a percentage of the total costs of the planned acquisition.
d. Debarment and Suspension.
The Recipient agrees to obtain certifications on debarment and suspension from its third party contractors and subgrantees and othervise comply with U.S.
DOT regulations, Government -wide Debarment and Suspension (Non -procurement) and Government -wide Requirements for Drug -Free Workplace
(Grants), 49 C.F.R. Part 32,
e. Notification of Third Party Contract Disputes or Breaches.
The Recipient agrees to notify FMCSA of any current or prospective major dispute, breach, or litigation pertaining to any third party contract. [f the
Recipient seeks to name FMCSA as a party to litigation for any reason, die Recipient agrees first to inform FMCSA before doing so. This provision applies
to any type of litigation whatsoever, in any forum.
f. Participation by Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals.
FMCSA encourages the Recipient to utilize small business concerns owned and controlled by socially and economically disadvantaged individuals (as that
term is defined for other DOT agencies in 49 C.P.R: Part 26) in carrying out the Project.
Section 4. Records Retention.
a. Requirement to Retain Records.
During the course of the Project and for three }'ears thereafter, the Recipient agrees to retain intact and to provide any data, documents, reports, records,
contracts, and supporting materials relating to the Project as FMCSA may require. Reporting and record -keeping requirements are set forth in (1) 49 C.F.R.
Part l3 for governmental Recipients; and (2) 49 C.P.R. Part 19 fix private non-profit and tor -profit Recipients. Project closeout does not alter these
requirements.
b. Access to Recipient Records.
The Recipient will give FMCSA, the Secretary of Transportation, the Comptroller General of the United States, or any of their duly authorized
representatives, and, if appropriate the State, through any authorized representative, access to and the right to examine all records, books, papers or
documents related to the award; and will establish a proper accounting system in accordance with generilly accepted accounting standards.
c. Access to Records in Negotiate(] :\areements.
Ihe Recipient swill include in all negotiated contracts (except those of$10,000 or less) awarded by Recipient a provision (o the effect that the Recipient,
F\dCSA, the Secretary of Transportation, the Comptroller General of the lhrited States, or any of their duly authorized representatives, and, if appropriate
2
the State, through any authorized representative, shall have access to any books documents, papers and records of the contractor which are directly pertinent
to the program for the purpose of making audits, examinations, excerpts, and transcriptions.
1. Financial records, supporting documents, statistical records, and all other records pertinent to this instrument shall be retained for it period of
three years, with the following exception:
2. If any litigation, claim, or audit is started before the expiration of the 3-year period, the records shall be retained in their entirety until all
litigation claims, or audit findings involving the records have been resolved.
3. Records for nonexpendable property, it any, acquired with Federal funds shall be retained for three years after its final disposition.
4. bVhen records are transferred to or maintained by FMCSA, the 3-}'ear retention requirement is not applicable to the recipient. The retention
period starts from the date of the submission of the final expenditure report.
Section S. Audit and Inspection.
a. Inspector General Act of 1978.
Under the Inspector General Act of 1978, as amended, 5 U.S.C. App. 3 § t et seq., an audit of the award may be conducted at any time.
b. Single Audit Act Amendments of 1996.
The Recipient agrees to undergo the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB
Circular NO. A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
c. .Audit Requirements.
A Recipient that is: (a) a State, local government or Indian tribal government agrees to comply with the audit requirements of 49 C.F.R, § 18.26 and OMB
Circular A-133, and any revision or supplement thereto.; (b) an institution of higher education or nonprofit organization agrees to comply with the audit
requirements of 49 C.F.R. § 19.26 and OMB Circular A-133, and any revision or supplement thereto; (c) a private for -profit organization agrees to comply
With the audit requirements of OMB Circular A-133.
The Recipient agrees to obtain any other audits required by FMCSA. Project closeout will not alter the Recipient's audit responsibilities. Audit costs for
Project administration and management are allowable under this Project to the extent authorized by OMB Circular A47, Revised; OMB Circular A-21,
Revised; or OMB Circular A-122, Revised,
The Recipient agrees to permit FMCSA, the Secretary of Transportation and the Comptroller General of the United States, or their authorized
representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Recipient and its
contractors pertaining to the Project. The Recipient agrees to require each third party contractor whose contract award is not based on competitive bidding
procedures as defined by the Secretary to permit the Secretary of Transportation and the Comptroller General of the United States, or their duly authorized
representatives, to inspect all work, materials, payrolls, and other data and records involving that contract, and to audit the books, records, and accounts
involving that contract as it affects the Project.
Section 6. Budget and Finance.
The Recipient agrees to carry out the Project in accordance with the Approved Project Budget, written approval of which the Recipient shall secure from
FMCSA prior to being reimbursed under this Agreement. The Recipient must obtain prior, written approval from FMCSA before making any revisions to
the approved project budget (1) that would require any transfer of funds between budget lines greater than ten percent of the total approved project budget, or
(2) that involve expenditures for items or services not approved in the original project plan, or (3) that would result in the need for additional funding. The
Recipient may, without prior approval from FMCSA, make any reasonable and necessary modification to the project budget provided that such cumulative
deviations do not exceed ten percent of the total approved project amount and provided that such deviations only involve the transfer of funds between
expenditure items or categories authorized by FMCSA in the approved budget. Any written approval may be obtained from the Associate Administrator or
his/her designated representative, of the respective FMCSA Office.
The Recipient agrees to establish and maintain for the Project either a separate set of accounts or accounts within the framework of an established accounting
system, in a manner consistent with 49 C.P.R. § 18.20, or 49 C.F.R. § 19.21, as amended, whichever is applicable. Consistent with the provisions of 49
C.F.R. § 18.21, or 49 C.F.R. § 19.22, as amended, whichever is applicable, die Recipient agrees to record in the Project Account, and deposit in a financial
institution all Project payments received by it from FMCSA pursuant to this Agreement and all other finds provided for, accruing to, or otherwise received
on account of the Project (Project Funds). the Recipient is encouraged to use financial institutions owned at least 50 percent by minority group members.
All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. All matches shall be supported by appropriate
records. The Recipient also agrees to maintain accurate records of all Program Income derived from Project implementation: The Recipient agrees that all
checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified,
readily accessible, and, to the extent feasible, kept separate from documents not pertaining to the Project.
Section 7. Payments.
a. Request by the Recipient for Payment.
The Recipient's request for payment of the Federal share of allowable costs shall be made to FMCSA and will be acted upon by FNfCSA as set forth in this
section. Each payment made to the Recipient mwt comply with Department of the Treasury regulations, "Rules and Procedures for Funds Transfers," 31
C.F.R. Part 205. To receive a Federal assistance payment, the Recipient must:
3
I. Have demonstrated or certified that it has made a binding commitment of non -Federal funds, if applicable, adequate when combined with
Federal payments, to cover all costs to be incurred under the Project to date. A Recipient required by Federal statute or this Agreement to provide
contributory matching fluids or a cost share agrees:
A. to refrain from requesting or obtaining Federal finds in excess of the amount justified by the contributory matching finds or cost
share that has been provided; and;
B. to refrain from taking any action that would cause the proportion of Federal finds made available to the Project at any time to
"File requirement for contributory matching funds or cost share may be temporarily
exceed the percentage authorized tinder this Agreement,
waived only to the extent expressly provided in writing by FMCSA.
2. I lave submitted to FMCSA all financial and progress reports required to date under this Agreement; and;
3. Have identified the source(s) of financial assistance provided under this Project, if applicable, from which the payment is to be derived.
b. Reimbursement Payment by FMCSA.
If the reimbursement method is used, the Recipient agrees to:
1. Complete and submit Standard Form 3881,"Payment Information Fonn - ACH Payment Vendor Payment System," to FAA-ESC; and
2. Complete and submit, on a quarterly, basis Standard Form 270, "Request for Advance or Reimbursement," to FMCSA.
Upon receipt of a payment request and adequate accompanying information (invoices in accordance with applicable cost principles), FMCSA will authorize
payment by direct deposit provided the Recipient: (i) is complying with its obligations under this Agreement, (ii) has satisfied FMCSA that it needs the
requested Federal funds during the requisition period, and (iii) is making adequate and timely progress toward Project completion. If all these circumstances
are present, FMCSA may reimburse allowable costs incurred by the Recipient (or to be incurred during the requisition period) up to the maximum amount of
FMCSA's share of the total Project finding. FMCSA will employ a payment term of 20 days. The clock will start running for payment on receipt of the
invoice by the Federal Aviation Administration.
c. Other Payment Information.
The Recipient agrees to adhere to and impose on its subgrantees all applicable foregoing "Payment by FMCSA" requirements of this Agreement. If the
Recipient fails to adhere to the foregoing "Payment by FMCSA" requirements of this Agreement, FMCSA may revoke the portion of the Recipient's finds
that has not been expended.
d. Allowable Costs.
The Recipient's expenditures will be reimbursed only if they meet all requirements set forth below:
1. Conform with the Project description and the approved Project Budget and all other terms of this Agreement;
2. Be necessary in order to accomplish the Project;
3. Be reasonable for the goods or services purchased;
4. Be actual net costs to the Recipient (i.e., the price paid minus any refunds, rebates, or other items of value received by the Recipient that have
the effect of reducing the cost actually incurred);
5. Be incurred (and be for work performed) after the effective date of this Agreement, unless specific authorization frorn FMCSA to the contrary
is received in writing;
6. Unless permitted otherwise by Federal statute or regulation, conform with Federal guidelines or regulations and Federal cost principles as set
forth below:
1. For Recipients that are governmental organizations, the standards of ONiB Circular A-87, Revised, "Cost Principles for State and
Local Governments" apply;
2. For Recipients that are institutions of higher education, the standards of OMB Circular A-2I. Revised, "Cost Principles for
Educational Institutions" apply:
3. For Recipients that are private nonprofit organizations, the standards of ONIB Circular A-122, Revised, "Cost Principles for
Nonprofit Organizations" apply, and;
4. For Recipients that are for -profit organizations, the standards of the Federal Acquisition Regulation, 48 C.F.R. Chapter 1, Subpart
31.2, "Contracts with Commercial Organizations" apply.
7. Be satisfactorily documented, and;
8. Be treated uniformly and consistently under accounting principles and procedures approved and prescribed by FMCSA for the Recipient, and
those approved or prescribed by the Recipient for its subgrantees and contractors.
9. Indirect cost rates will not be reirnbursed without documentation of all approved rate from the recipient's cognizant agency.. If a recipient
ntends to request reimbursement of an indirect cost rate, the recipient must submit the proper documentation before vouchers are submitted for
reimbursement
d. Disallowed Costs.
In determining the amount of Federal assistance FMCSA will provide, FMCSA will exclude:
1. Any Project costs incurred by [he Recipient before the obligation date of this Agreement, or amendment or modification thereof, whichever is
later, unless otherwise permitted by Federal law or regulation, or unless an authorized representative of FMCSA slates in writing to the contrary;
2. Any costs incurred by the Recipient that are not included in the latest approved Project [3udget, and;
3. Any costs attributable to goods or services received under a contract or other arrangement that is required to be, but has not been, concurred in
or approved in writing by FMCSA.
The Recipient agrees that reimbursement of any cost under the "Payment by FMCSA," part of this Agreement does not constitute a final FMCSA decision
about the allowability of that cost and does not constitute a waiver of any violation by the Recipient of the terms of this Agreement. The Recipient
understands that FMCSA will not make a final determination about the allowability of any cost until an audit of the Project has been completed. If FMCSA
determines that the Recipient is not entitled to receive any part of the Federal funds requested, FMCSA will notify the Recipient stating tale reasons thereof.
Project closeout will not alter the Recipient's obligation to return any funds due to FMCSA as a result of later refunds, corrections, or other transactions. Nor
will Project closeout alter FMCSA's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by law, FMCSA
lnay offset any Federal assistance funds to be made available under this Project as needed to satisfy any outstanding monetary claims that the Federal
Government may have against the Recipient. Exceptions pertaining to disallowed costs will be assessed based on their applicability, as set forth in the
applicable Federal cost principals or other written Federal guidance.
Section 8. Reports.
a. Performance Progress Reports.
The Recipient will submit, at a minimum, quarterly performance progress reports and a final performance progress report at the completion of the award
(within 90 days after) to the agency point of contact listed in the award document. Recipient must submit all performance progress report forms required by
FMCSA. These reports will cover the period: January I -March 31, April I -June 30, July 1-September 30, and October 1-December 31. The Recipient shall
furnish one (1) copy of a quarterly performance progress report to the Agency Technical Representative, on or before the thirtieth (30th) calendar day of the
month following the end of the quarter being reported. Each quarterly report shall set forth concise statements concerning activities relevant to the Project,
and shall include, but not be limited to, the following:
I. An account of significant progress (findings, events, trends, etc.) made during the reporting period.
2. A description of any technical and/or cost problem(s) encountered or anticipated that will affect completion of the grant within the time and
fiscal constraints as set forth in this Agreement, together with recommended solutions or corrective action plans (with dates) to such problems, or
identification of specific action that is required by the FMCSA, or a statement that no problems were encountered.
3. An outline of work and activities planned for the next reporting period.
4. Provide status update/resolution for all outstanding findings from program reviews and/or audits.
b. Quarterly financial Status Reports,
The Recipient shall furnish one (1) copy of a quarterly financial status report to [he Technical Representative, and one (1) copy to the Grants Ofticer, on or
before the thirtieth (30th) calendar day of the month following the end of the quarter being reported. The Recipient shall use SF 425, Federal Financial
Report, to report the status of funds for all non -construction projects or programs. The Recipient shall report outlays and program income, if any, on an
accrual basis. However, if the Recipient's accounting records are not normally kept on an accrual basis, the Recipient shall not be required to convert its
accounting system, but shall develop such accrual information through an analysis of the documentation on hand. The Recipient shall certify to the
expenditure of its proposed cost share for the period being reported, in the "Remarks" block.
Section 9. Non -Discrimination.
The Recipient will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) "title VI of The Civil Rights Act
of 1964 (P.L. 38-352) which prohibits discrimination on the basis of race, color, or national origin; (b) "title lY of the Education amendments of 1972, as
amended (20 U.S.C. §$ 1681-1633, and 1685 1686), which prohibits discrimination on the basis of sex; (c) Sections 504 and 508 of the Rehabilitation Act of
19731 as amended (29 U.S.C. §§794, 794d), which prohibit discrimination on the basis of disabilities; (d) the Age Discrimination Act of 1975, as amended
(42 U.S.C. § §6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis ofdrug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) the Public Health
Service Act of 1912 (42 U.S.C. §290dd-2), relating to confidentiality of alcohol and drug abuse patient records; ((h) Title Vlll of the Civil Rights Act of
1968 (42 U.S.C. §§ 3601 et seq. relating to nondiscrimination in the sale, rental or financing of housing; (i) the requirements of any other nondiscrimination
statute(s) which may apply to the application.
Section 10. Executive Order on Equal Opportunity Related to Contracts.
"the Recipient will comply with all Federal statutes and Cxecutive Orders relating to Equal Employment Opportunity.
E
1. The Recipient agrees to incorporate in all contracts having a value of over $10,000, the provisions requiring compliance with Executive
Order 11246, as amended, and implementing regulations of the United States Department of Labor at 41 CFR 60, the provisions of which, other than the standard EEO
clause and applicable goals for employment of minorities and women, may be incorporated by reference.
2. "fhe Recipient agrees to ensure that its contractors and subcontractors, regardless of tier, awarding contracts and/or issuing purchase orders for
material, supplies, or equipment over $10,000 in value will incorporate the required EEO provisions in such contracts and purchase orders.
3. The Recipient further agrees that its own employment policies and practices will be without discrimination based on race, color, religion, sex,
national origin, disability or age; and that it has an affirmative action plan (AAP) consistent with the Uniform Guidelines on Employee Selection Procedures, 29 CFR
1607, and the Affirmative Action Guidelines, 29 CFR 1608, "rhe applicant/recipient shall provide the AAP to FMCSA for inspection or copy upon request.
Section 11. Property.
The Recipient understands atld agrees that the Federal Govenunent retains a Federal interest in any Project property, which includes any real property,
equipment, and supplies financed with Federal assistance, until and to the extent that the Federal Government relinquishes its Federal interest in that Project
property. With respect to any Project property financed with Federal assistance under the Grant Agreement or Cooperative Agreement, the Recipient agrees
to comply with the following provisions of this General Provisions and Assurances except to the extent FMCSA determines otherwise in writing:
a. Ilse of Project Property.
The Recipient agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income,
both during and after the award period and used to support public transportation activities) for the duration of the useful life of that property, as required by
PMCSA. Should the Recipient unreasonably delay or fail to use Project property during the useful life of that property, the Recipient agrees that it may be
required to return the entire amount of the Federal assistance expended on that property. The Recipient further agrees to notify FMCSA immediately when
any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the
Recipient has made in its Application or in the Project Description for the Grant Agreement or Cooperative Agreement for the Project.
b. General.
A Recipient that is a State, local, or ]ndian tribal government agrees to comply with the property management standards of49 C.F.R. §§ 18.31 through
16.34, including any amendments thereto, and with other applicable Federal regulations and directives. A Recipient that is an institution of higher education
or private nonprofit entity, agrees to comply with the property management standards of 49 C.F.R. §§ 19.30 through 19.37, including any amendments
thereto, acid with other applicable Federal regulations and directives. Any exception to the requirements of49 C.F.R. §§ 18.31 through 18.34, or the
requirements of 419 C.F.R. §§ 19.30 through 19.37, requires the express approval of the Federal Government in writing. A Recipient that is a for -profit entity
agrees to comply with property management standards satisfactory to FMCSA.
c. Maintenance.
fhe Recipient agrees to maintain Project property in good operating order, in compliance with any applicable Federal regulations or directives that may be
issued.
d. Records.
The Recipient agrees to keep satisfactory records pertaining to the use of Project property, and submit to FMCSA upon request such information as may be
required with this agreement.
e. Incidental Use.
The Recipient agrees that
I. General.
Any incidental use of Project property will not exceed that permitted under applicable Federal laws, regulations, and directives.
f. Enewnbrance of Project Property.
The Recipient agrees to maintain satisfactory continuing control of Project property as Follows:
1. Written Trmrsactions.
'['he Recipient agrees that it will not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, subagreement,
s�,rurt anticipation note, alienation, innovative finance arrangement (such as a cross border (case, leveraged Icase, or otherwise), or arty other obligation pertaining to
Yroject property, that in any way would affect the continuing Federal interest in that Project property.
2. Oral Transactions.
l'he Recipient agrees that it will not obligate itself in any manner to any third party with respect to Project property.
3. Other Actions.
l he Recipient agrees that it will not take any action adversely affecting the Federal interest in or impair the Recipient's continuing control of the
use of Project property.
g. Transfer of Project Property.
ftie Recipient understands and agrees as follows:
1. Recipient Request.
The Recipient may transfer any Project property financed with Federal assistance authorized under 49 U.S.C. chapter 53 to a public body to be
used for any public purpose with no ftrrther obligation to the Federal Government, provided the transfer is approved by the FMCSA Administrator and conforms with
the requirements of 49 U.S.C. §§ 5334(h)(1) and (2),
2. Federal Govemment Direction.
The Recipient agrees that the Federal Government may direct the disposition ot; and even require the Recipient ro transfer, title to any Project
property financed with Federal assistance under the Grant Agreement or Cooperative Agreement.
3. Leasing Project Property to Another Party.
If the Recipient leases any Project property to another party, the Recipient agrees to retain ownership of the leased Project property, and assure
that the lessee will use the Project property appropriately, either through a written lease between the Recipient and lessee, or another similar
document. Upon request by FMCSA, the Recipient agrees to provide a copy of any relevant documents.
h. Disposition of Project Property.
With prior FMCSA approval, the Recipient may sell, transfer, or lease Project property and use the proceeds to reduce the gross project cost of other eligible
capital public transportation projects to the extent permitted by 49 U.S.C. § 5334(h)(4). "fhe Recipient also agrees that FMCSA may establish the useful life
of Project property, and that it will use Project property continuously and appropriately throughout the usefid life of that property.
1. Project Property Whose Useful Life Etas Expired. When the useful life of Project property has expired, the Recipient agrees to comply with
FMCSA's disposition requirements.
2. Project Property Prematurely Withdrawn from Use. For Project property withdrawn from appropriate use before its useful life has expired, the
Ecci1) en t agrees as follows:
A. Notification Requirement. The Recipient agrees to notify FMCSA immediately when any Project property is prematurely
withdrawn tom appropriate use, whether by planned withdrawal, misuse, or casualty loss.
B. Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Recipient agrees that the Federal Government
retains a Federal interest in the fair market value of Project property prematurely withdrawn from appropriate use. The amount of the Federal interest in the Project
property shall be determined by the ratio of the Federal assistance awarded for the property to the actual cost of the property. 'file Recipient agrees that the fair market
value of Project property prematurely withdrawn from use will be calculated as follows:
i. Equipment and Supplies. The Recipient agrees that the fair market value of Project equipment and supplies shall be calculated by
straight-line depreciation of that property, based on the usetid life of the equipment or supplies as established or approved by
FMCSA. Information on straight line depreciation may be found in the Internal Revenue Code. The fair market value of Project
equipment and supplies shall be the value immediately before the occurrence prompting the withdrawal of the equipment or supplies
from appropriate use. In the case of Project equipment or supplies lost or damaged by fire, casualty, or natural disaster, the fair market
value shall be calculated on the basis of the condition of that equipment or supplies immediately before the fire, casualty, or natural
disaster, irrespective of the extent of insurance coverage. As authorized by 49 C.F.R. § I8.32(b), a State may use its own disposition
procedures, provided that those procedures comply with the laws of that State.
ii. Real Property. The Recipient agrees that the fair market value of real property shall be determined either by competent appraisal
based on an appropriate date approved by the Pederal Govemment, as provided by 49 C.F.R. Part 24, or by straight line depreciation,
whichever is greater.
. Exceptional Circumstances, The Recipient agrees that the Federal Government may require the use of another method to
determine the lair market value of Project property. In unusual circumstances, the Recipient may request that another reasonable
valuation method be used including, but not limited to, accelerated depreciation, comparable sales, or established market values. In
determining whether to approve such a request, the Federal Government may consider any action taken, omission made, or
unfortunate occurrence suffered by the Recipient with respect to the preservation of Project property withdrawn from appropriate use.
i. Financial Obligations to the Federal Government,
The Recipient agrees to remit to the Federal Government the Federal interest in the fair market value of any Project property prematurely withdrawn from
appropriate use. In the case of fire, casualty, or natural disaster, the Recipient may fulfill its obligations to remit the Federal interest by either.
I. Investing an amount equal to the remaining Federal interest in like -kind property that is eligible for assistance within the scope of the Project
that provided Federal assistance for the Project property prematurely withdrawn from use; or
2. Returning to the Federal Government an mnount equal to the remaining Federal interest in the withdrawn Project property.
j. lasurarice Proceeds.
If the Recipient receives insurance proceeds as a result of damage or destruction to the Project property, the Recipient agrees to:
1. Apply those insurmce proceeds to the cost of replacing the damaged or destroyed Project property taken out of service, or
2. Return to the Federal Government an amount equal to the remaining Federal interest in the damaged or destroyed Project property.
k, Transp0
The Recipient agrees to comply with applicable requirements of U.S. Pipeline and Hazardais Materials Safety Administration regulations, "Shippers -
General Requirements for Shipments and Packagings," 49 C.F.R. Part 173, in connection with the transportation of any hazardous materials.
1. Misused or Damaged Project Property.
If any damage to Project property results from abuse or misuse occurring with the Recipient's knowledge and consent, the Recipient agrees to restore the
Project property to its original condition or refund the value of the Federal interest in that property, as the Federal Government may require.
m, Responsibilities After Project Closeout.
The Recipient agrees that Project closeout by FMCSA will not change the Recipient's Project property management responsibilities as stated in Section 19
of this Master Agreement, and as may be set forth in subsequent Federal laws, regulations, and directives, except to the extent the Federal Government
determines otherwise in writing.
Section 12. Davis -Bacon .4ct Requirements.
The Recipient agrees to comply, as applicable, with the provisions of the Davis Bacon Act (40 U.S.C. $3145 and 18 U.S.C. §874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§3701 el seq.) regarding labor standards for federally -assisted construction sub -agreements.
Section 13. Gnvironmental Regnirements.
The Recipient agrees to comply, as applicable, with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and F,xecutive Order (EO) I li 14; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in
accordance with EO 11988; (c) assurance of project consistency with the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of
the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water
Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
Seetionl4. Government Rights (Unlimited).
FMCSA shall have unlimited rights for the benefit of the Government in all other work developed in the performance of this Agreement, including the right
to use same on any other Govemment work without additional cost to FMCSA. The rights to any inventions made by a recipient render an FMCSA financial
assistance award are determined by the 13ayh-Dole Act, Pub. L. 96-517, as amended, and codified in 35 U.S.C. § 200, et seq., except as otherwise provided
by law.
a, Patent Rights.
1. If any invention, improvement, or discovery of the Recipient or any of its third party contractors is conceived or first actually reduced to
practice in the course of or render this Project, and that invention, improvement, or discovery is patentable under the laws of the United States of
America or any foreign country, the Recipient agrees to notify FMCSA immediately and provide a detailed report. The rights and responsibilities
of the recipient, third party contractors and FMCSA with respect to such invention, improvement, or discovery will be determined in.accordance
with applicable Federal laws, regulations, policies, and any waiver thereof.
2. If the Recipient secures a patent with respect to any invention, improvement, or discovery of the Recipient or any of its third party contractors
conceived or first actually reduced to practice in the course of or under this Project, the Recipient agrees to grant to FMCSA a royalty -free, non-exclusive, and
irrevocable license to use :end to authorize others to use the patented device or process for Federal Government purposes.
3. 'fire Recipient agrees to include the requirements of the "Patent Rights" section of this Agreement in its third party contracts for planning,
research, development, or demonstration under the Project.
n. Data Rights.
I. "fhe teen "subject data" used in this section means recorded infom�ation, whether or not copyrighted, that is developed, delivered, or specified
to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; text in
specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory
printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and
associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The
term does not include financial reports, cost analyses, and similar information incidental to Project administration. The following restrictions
apply to all subject data first produced in the performance of this Agreement:
0
A. Except for its own intemal use, the Recipient may not publish or reproduce such data in whole or in part, or in any manner or
form, nor may the Recipient authorize others to do so; Without the written consent of FiviCSA, until such time as FMCSA may have either released or
approved the release of such data to the public.
Q. As authorized by 49 C.F.R. $ 18.34, or 49 C.F.R. $ 19.36, as applicable, FMCSA reserves a royalty -Gee, non-exclusive and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:
C. Any work developed under a grant, cooperative agreement, sub -grant, sub -agreement, or third party contract, irrespective of
whether or not a copyright has been obtained; and
D. Any rights of copyright to which a Recipient, subgrantee, or a third party contractor purchases ownership with Federal assistance.
2. When FMCSA provides assistance to a Recipient for a Project involving planning, research; or development, it is generally FMCSA's intent to
increase the body of knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless
FMCSA determines otherwise, the Recipient understands and agrees that, in addition to the rights set forth in preceding portions of this section of
this Agreement, FMCSA may make available to any FMCSA Recipient, subgrantee, third party contractor, or third party subcontractor, either
FMCSA's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this
Agreement. In the event that such a Project which is the subject of this Agreement is not completed, for any reason whatsoever, all data
developed Linder that Project shall become subject data as defined herein and shall be delivered as FMCSA may direct.
3. Unless prohibited by State law, [he Recipient agrees to indemnify, save and hold harmless FMCSA, its officers, agents, and employees acting
within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by
the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or
disposition of any data furnished under this Agreement. The Recipient shall not be required to indemnify FMCSA for any such liability arising
out of the wrongful acts of employees or agents of FMCSA.
4. Nothing contained in this section on rights in data, shall imply a license to FMCSA under any patent or be construed as affecting the scope of
any license or other right otherwise granted to FMCSA under any patent.
5. The requirements of this section of this Agreement do not apply to material famished to the Recipient by FMCSA and incorporated in the
work carried out under this Agreement, provided that such incorporated material is identified by the Recipient at the time of delivery of such Work.
6. Unless FMCSA detemiines otherwise, the Recipient agrees to include the requirements of this section of this Agreement in its third party
contracts for planning, research, development, or demonstration under the Project.
c. Acknowledgment or Support and Disclaimer.
1. An acknowledgment of FMCSA support and a disclaimer must appear in any recipient publication, whether copyrighted or not, based on or
developed under the Agreement, in the following terms:
"This material is based upon work supported by the Federal Motor Carrier Safety Administration under agrant/cooperative
agreement, dated _
(fill-in appropriate identification of grant/cooperative agreement)
2. All Recipient publications must also contain the following:
"Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the authors) and
do not necessarily reflect the view of the Federal Motor Carrier Safety Administration and/or the U.S. Department of Transportation."
3. The Recipient agrees to cause to be erected at the site of any construction, and maintain during construction, signs satisfactory to FMCSA
identifying the Project and indicating that FMCSA is participating in the development of the Project.
Sectiou I5. Drug Free Workplace.
Qy signing this agreement, the Recipient certifies that it is in compliance with the Drug -Free Workplace Act (41 U.S.C. Sec. 701 et seq.) and implementing
regulations (49 CPR Part 32), which require, in part, that recipients prohibit drug use in the workplace, notify the FMCSA of employee convictions for
violations of criminal drug laws occurring in the workplace, and take appropriate personnel action against a convicted employee or require the employee to
participate in a drug abuse assistance program
Section 16. Backarouud Screening.
FMCSA reserves the right to perform individual background screening on key individuals of organizational units associated with the application at the
beginning on the award and at another interval thereafter for the life of the award. If in performance of a grant award requires recipient organization
personnel to have unsupervised physical access to a Federally controlled facility For more than l30 days or access to a Federal information system, such
personnel must undergo the personal identity verification credential process under Homeland Security Presidential Directive 12.
Section 17. Site Visits.
FMCSA, through its authorized representatives, has the right, at ail reasonable times, to make site visits to review Projee[ accomplishments and management
control systems and to provide such technical assistance as may be required. If any site visit is made by FMCSA on the premises of the Recipient,
subgrantee or subcontractor under this Agreement, the Recipient shall provide and shall reiµrire its subenmtees or subcontractors to provide, all reasonable
facilities and assistance for the safety and convenience of F\4CSA representatives in the perfixmance of their duties. AH site visits and evaluations shall be
performed in such it manner as will not unduly delay work being conducted by the Recipient, subgrantee or subcontractor.
9
Section 18. Liability and Indemnification.
The Recipient agrees to indemnify, save and hold harmless, and defend the United States against all tines, claims, damages, losses, judgments, and expenses
arising out of, or from, any act or omission of Recipient, its officers, employees, or (members, participants, agents, representatives, as appropriate) arising
out of or in any way connected to activities authorized pursuant to this Agreement. "['his provision shall survive the expiration or termination of this
Agreement.
Section I9.
Section 20.
Section 21.
Section 22.
a.
Right of F \ICSr! to Terminate :greement,
General Right to Suspend or "Terminate Assistance Agreement.
Upon written notice, the Recipient agrees that FMCSA tray suspend or terminate all or part of the financial assistance provided herein if the Recipient has
violated the terms of this Agreement, or if F1vICSA determines that the purposes of the statute under which the Project is authorized would not be
adequately served by continuation of Federal financial assistance for the Project. Any failure to make reasonable progress on the Project or other violation
of this Agreement that significantly endangers substantial performance of the Project shall provide sufficient grounds for FMCSA to terminate this
Agreement. 'File recipient agrees to give the Federal Motor Carrier Safety Administration at least 90 days notice of its intention to terminate this
agreement.
b. Financial Obligations of the Government.
In general, termination of any financial assistance under this Agreement will not invalidate obligations properly incurred by the Recipient and concurred in
by FMCSA before the termination date, to the extent those obligations cannot be cancelled. However, if FMCSA determines that the Recipient has willfully
misused Federal assistance funds by failing to make adequate progress, failing to make reasonable use of the Project property, facilities, or equipment, or
failing to adhere to the terms of this Agreement, FMCSA reserves the right to require the Recipient to refund the entire amount of FMCSA funds provided
under this Agreement or any lesser amount as may be determined by FMCSA.
c. De -obligation of Funds.
FMCSA reserves the right to unilaterally de -obligate any remaining gran[ or cooperative agreement fitnds due to the time elapsed since award of the grant,
lack of payment vouchers from the Recipient, lack of plans to expend funds based on this grant, or other such determination made by FMCSA. If the
recipient accedes to de -obligation, a grant amendment/modification must be in place.
Project Completion, Settlement, and Closeout.
a. Project Completion,
Within 90 days of the Project completion date or termination by FMCSA, the Recipient agrees to submit a final SF 425, Federal Financial Report, a
certification or summary of Project expenses, and third party audit reports, as applicable.
b. Remittance of Excess Payments.
[f FMCSA has made payments to the Recipient in excess of the total amount of FMCSA funding due, the Recipient agrees [o promptly remit that excess and
interest as may be required by the "Payment by FMCSA" section of this Attachment.
c. Project Closeout.
Project closeout occurs when all required Project work and all administrative procedures described in 49 C.F.R. Part 13, or 49 C.F.R. Part 19, as applicable,
have been completed, and when FMCSA notifies the Recipient and forwards the final Federal assistance payment, or when FMCSA acknowledges the
Recipient's remittance of the proper refund. Project closeout shall not invalidate any continuing obligations imposed on the Recipient by this Agreement or
by the FMCSA's final notification or acknowledgment.
Severability.
If any provision of this Agreement is held invalid, all remaining provisions of this Agreement shall continue in full force and effect to the extent not
inconsistent with such holding.
Entire Agreement and Modifications.
'This Agreement constitutes the entire agreement between the parties_ All prior discussions and understandings concerning such scope and subject matter are
superseded by this Agreement. Modifications to this :\greement may be made only in writing, signed by the each party's authorized representative, and
specifically referred to as a modification [o this :\greement.
Section 23. Use of Information Obtained.
1 .Information obtained under this agreement may only be used by the recipient in order to accomplish the project plan under this agreement.
�.Any information obtained or exchanged between FMCSA and the grant recipient, in order to carry out each party's responsibility under Chis agreement
and project plan, shall not be released b}I the recipient to any third party without the written permission of FMCSA.
3. Recipient shall ensure that all of its employees authorized to access FMCSA data and information systems sign and submit information technology user
agreements provided by PivICSA.
1�
Section 24. Miscellaneous Provisions
a. Prohibition on Human Trafficking.
I he Recipient agrees to comply, as applicable, with the provisions of Section 7104(g) of the "I ratucking Victims Protection Act of 2000, 22 U.S.C. § 7104
as amended.
b. AVild and Scenic Rivers Act of 1968.
The Recipient agrees to comply, as applicable, with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.§ 1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
c. Fly:\merica Act.
The Recipient shall comply with the provisions of the Fly f\merica Act, 49 U.S.C. § 40l 18.
d. Criminal and Prohibited Activities.
The Recipient will adhere to the Program Fraud Civil Remedies Act, 31 U.S.C. § 3801-3812, which provides for the imposition of civil penalties against
persons who. make false, fictitious, or fraudulent claims to the Federal Government for money. Recipient will also adhere to the False Statements Act, 18
U.S.C. §§ 287 and 1001 which provides that whoever makes or presents any false, fictitious or fraudulent statements, representations, or claims against the
United States shall be subject to imprisonment of not more than 5 years and shall be subject to a tine in the amount provided by 18 U.S.C. § 287. Recipient
shall also adhere to the False Claims Act, 31 U.S.C. § 3729, which provides that suits under this act can be brought by the Government or a person on behalf
of the Govemment, for false claims under the Federal assistance programs. Recipient shall also adhere to the Copeland "Anti -Kickback" Act, 18 U.S.C. §
874 and 40 U.S.C. § 3145, which prohibits a person or organization engaged in a Federally supported project from enticing an employee working on the
project from giving up a part of his compensation under an employment contract.
�. Laptop Encryption
All laptops used by recipients, grantees, and contractors in carrying out the project plan, which contain data pertaining to this agreement, must be encrypted
to the same standards utilized by FIvICSA.
Section 25. Commercial Vehicle Information Systems and Networks (CVISN) provisions.
The following provisions apply where applicable.
a. Compliance with the National ITS Architecture.
The recipient will ensure that CVISN Core and Expanded deployment activities, such as hardware procurement, software and system
development, intiastruchue modifications, etc., are consistent with the National ITS and CVISN Architechtres and available standards and shall
promote interoperability and efficiency to the extent practicable and required by law.
b. Interoperability.
For implementing CVISN Core capabilities, the recipient will complete Interoperability tests and ensure architectural conformance throughout the
life of the project. Perform painvise and end -to -end tests to demonstrate conformance with the standards and Interoperability, verify that
interfaces between selected products/systems meet the applicable standards, verify dataflow and data usage among the products/systems.
C. Independent Evaluation.
The FMCSA may conduct cur independent evaluation of the effectiveness of the project in achieving Federal and State program goals. The
independent evaluation will be conducted using existing Federal resources. Participants of projects that are selected fur independent evaluations
shall cooperate with the independent evaluators and participate in evaluation planning and progress review meetings to ensure a mutually
acceptable, successful implementation of the independent evaluation. The FMCSA may contract with one or more independent evaluation
contractor(s)to evaluate the projects.
C�. lledicated Short Range Communications.
If applicable, the State shall also require that its contractors only install Dedicated Short Range Communications (DSRC) equipment that is
interoperable and compatible at layers I and 2 of the Open Systems Interconnect Reference Model with equipment in operation on the North
American Preclearance and Safety System and the Heavy Vehicle Electronic License Plate Inc.'s Pre['assT" System deployments as 4vell as the
hiternational Border Crossing Operational "rests, based upon on ASTIN/I Draft 6, dated February 23, 1996.
� • • • • • � •
DATE: Tuesday, August 17, 2010
LOG NAME: 35DOTFMC10
REFERENCE NO.: **G-17017
SUBJECT:
Ratify the Application for and Accept a Motor Carrier Safety Assistance Program High Priority Grant from
the U.S. Department of Transportation, Federal Motor Carrier Safety Assistance Program for $191,058.00
to Conduct Commercial Motor Vehicle Enforcement and Public Outreach, Authorize the City Manager to
Execute the Grant Agreement for Acceptance of Grant Funds, Authorize Matching Funds in the Amount of
$47,765.00 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the application for and accept a Motor Carrier Safety Assistance Program High Priority Grant
from the U.S. Department of Transportation, Federal Motor Carrier Safety Assistance Program for
$191, 058.00;
2. Authorize the City Manager to execute a grant agreement with the U.S. Department of Transportation
to conduct Commercial Motor Vehicle Enforcement and Public Outreach;
3. Authorize the City to provide an in -kind match associated with the grant of 20 percent of the total
project cost in the amount of $47,765.00; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $238,823.00 upon receipt of the award.
DISCUSSION:
For Fiscal Year 2010, the Federal Motor Carrier Safety Administration (FMCSA) offered local law
enforcement agencies grant funding for a High Priority Grant in support of safety initiatives to perform
Commercial Motor Vehicle (CMV) traffic enforcement and education. The City submitted a grant
application for funding to be used to conduct vehicle and driver inspections in high crash locations within
the City of Fort Worth. A major focus of the City's program will be directed toward aggressive drivers in
these high crash locations. The grant funding will provide for overtime hours, equipment and training
sessions of motor carrier inspectors as well as funding for enforcement and administrative duties related
to the grant. Commercial vehicle enforcement hours will be dedicated to three separate operations within
the City. One -thousand and forty hours will fund 52 four-hour commercial vehicle inspection details; 672
hours will be dedicated to 12 eight -hour commercial vehicle inspection details and 832 hours are budgeted
for 52 four-hour aggressive driving enforcement details.
Two -hundred and sixteen overtime hours will be funded for the Police Department to provide safety
education related to proper driver -vehicle inspection procedures, load securement and hazardous driving
behaviors to owners and drivers of commercial vehicles. The total program budget amount is
$238,823.00. The federal share of the total project cost is 80 percent, totaling $191,058.00. The City will
provide the remaining 20 percent with in -kind matching funds of $47,765.00, which covers the salary of
one inspection officer working full-time on the project.
Logname: 35DOTFMCIO Page 1 of 2
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that, upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers
GR76 488029 035207487000 $191 058.00
GR76 5(VARIOUS) 035207487010 $191,058.00
GR76 488339 035207487000 $47,765.00
GR76 517040 035207487020 $47,765.00
CERTIFICATIONS:
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. federal motor carrier ord.doc (Public)
FROM Fund/Account/Centers
Tom Higgins (6293)
Jeffrey W. Halstead (4210)
Monique Lee (4220)
Logname: 35DOTFMCIO
Page 2 of 2