HomeMy WebLinkAboutGOVERNOR'S TRAFFIC SAFETY BUREAU - 3.18.2024pdfGOVERNOR'S TRAFFIC SAFETY BUREAU
IOWA DEPARTMENT OF PUBLIC SAFETY
CONTRACT NUMBER:
PROJECT TITLE:
ISSUING AGENCY:
PROJECT SUBRECIPIENT:
PROJECT BUDGET:
AGENCY/LAW/SOURCE:
State and Community Highway Safety Grant
PAP 402-PS-2024, Task 04-00-53
Waterloo Bicycle Education & Enforcement
DPS/Governor's Traffic Safety Bureau
City of Waterloo
Highway Safety Funded Amount: $29,200.00
National Highway Traffic Safety Administration (NHTSA)
Public Law 117-58, Section 402
Submit Reimbursement Claims To:
Governor's Traffic Safety Bureau
215 East 7th Street, 3rd Floor
Des Moines, Iowa 50319-0248
Submit Reports To:
Governor's Traffic Safety Bureau
215 East 7th Street, 3rd Floor
Des Moines, Iowa 50319-0248
515-725-6128
Issue Payment To:
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Transmit Contract Information To:
Traffic Opts Director Mohammad Elahi
City of Waterloo
625 Glenwood St
Waterloo, Iowa 50703
319-291-4440
The Subrecipient agrees to furnish and deliver all products and perform all services set forth in
the attached Special Conditions for the consideration stated herein. The rights and obligations of
the parties to this contract will be subject to and governed by the Special Conditions and the
General Conditions. To the extent that any specifications or other conditions which are made a
part of this contract by reference or otherwise conflict, the Special Conditions and the General
Conditions will control. To the extent that any inconsistency between the Special Conditions and
the General Conditions exists, the Special Conditions will control. When approved, the instrument
becomes a contract to accomplish the provisions contained within the Fiscal Year 2024 Highway
Safety Plan, State and Community Highway Safety Grant 402-PS-2024, Task 04-00-53, and
thereby constitutes an official program with the Governor's Traffic Safety Bureau. This activity
meets the requirements of Public Law 117-58 and the requirements set forth in the Governor's
Traffic Safety Bureau Procedures Manual, as amended.
IN WITNESS THEREOF, the parties hereto have executed this contract on the day and year last
specified below.
CONTRACTOR:
By Querd in LIGI'� s _, Date:
ISSUING AGENCY:
By ! - `'^'' r` �A _ Date: 02/15/24
3/18/2024
Brett A. Tjepkes, Bureau Chief
Effective Date: 03/01/24
Expiration Date: 09/30/24
GENERAL FEDERAL AWARD INFORMATION PER § 200.210
1) Recipient: City of Waterloo
2) UEI: CH94KQBTB2D8
3) FAIN: 69A375223000040201A0
4) Federal Award Date 12/15/2021
5) Period of Performance: 3/1/24-9/30/24
6) Federal Funds: 29,200.00
7) Total Funds Obligated: 29,200.00
8) Total Amount of Federal Award: 29,200.00
9) Approved Budget: Refer to the signed agreement/award
10) Recipient Match Requirement: None
11) State Match Requirement: Iowa State Patrol
12) Description: Bicycle Education & Enforcement
13) Federal Awarding Agency: National Highway Traffic Safety Administration
14) CFDA: 20.600 - State and Community Highway Safety Grant
15) Research and Development Funds: No
16) Indirect Cost Rate: not applicable
SPECIAL CONDITIONS
Article 1.0 Identification of Parties. This Contract is entered into by and between the Iowa
Department of Public Safety/Governor's Traffic Safety Bureau (hereafter referred to as DPS/
GTSB) and the City of Waterloo (hereinafter referred to as Subrecipient).
Article 2.0. Statement of Purpose.
WHEREAS, the Highway Safety Plan is the tool for developing and improving overall
safety capabilities; improving the program management and decision -making capabilities of
safety officials; addressing special problems or opportunities; and providing a coordination
mechanism for the purpose of reducing traffic -related property damage, personal injury and fatal
crashes, and
WHEREAS, the DPS/GTSB has been designated to administer the State and Community
Highway Safety Programs established under Section 402 of the Infrastructure Investment and
Jobs Act, as amended, and
WHEREAS, the Subrecipient has the necessary ability to develop and carry out a portion
of that Highway Safety Plan,
THEREFORE, the parties hereto do agree as follows:
Article 3.0 Area Covered. The Subrecipient will perform all the work and services required
under this Contract in connection with and respecting the following areas:
City of Waterloo
Article 4.0 Reports and Products. The Subrecipient will submit the following reports and
products:
4.1 A Claim for Reimbursement form, documentation and, if applicable, an Equipment
Accountability Report form for reimbursement within 90 days of the expense being
paid by the Subrecipient with the exception of the final claim which is due into the
DPS/GTSB office no later than November 15, 2024.
4.2 A cumulative final report due November 1, 2024 covering accomplishments and
deficiencies of the Statement of Work and Services.
4.3 Any reports and products deemed prudent by the Issuing Agency or Subrecipient.
4.4 A copy of all audit reports within 30 days of completion of said audit.
4.5 Quarterly activity reports due April 15 (second quarter), July 15 (third quarter) and
October 15 (fourth quarter) on forms provided by the DPS/GTSB that quantify
project activities as well as total departmental effort.
Article 5.0 Designation of Officials.
5.1 DPS/GTSB - The Governor's Representative for Highway Safety and the Director
of the Governor's Traffic Safety Bureau are the only persons authorized to execute
and approve any changes in terms, conditions, or amounts specified in this
Contract.
5.2 Contractor Designee, Mayor Quentin Hart, is designated to approve in writing, on
behalf of the Subrecipient, the Claim for Reimbursement and any negotiated
changes in this Contract.
Article 6.0 Key Personnel. The Subrecipient hereby assigns the duties and responsibilities
of project administration to Mohammad Elahi, representing the Subrecipient in this agreement.
Article 7.0 Time of Performance. The services of the Subrecipient will commence on or after
the effective date stipulated on the signature page and will be completed before or by the
expiration date.
Article 8.0 Modification of General Conditions.
2.0 Release of Data and Findings. Any and all reports, information, data, and so forth,
given to, prepared, or assembled by the contractor under this contract shall not be
made available to any individual or organization by the contractor prior to the
completion of this contract in its entirety, without advance written approval of such
prior release by the DPS/GTSB. Unless otherwise stated in the Special Conditions
of the Contract, the contractor may not release reports, information, publication
information and education materials, and so forth if produced under the terms of
the contract without providing the DPS/GTSB with a copy for review and comment
at least thirty (30) days in advance of submission for publication. This section
applies to such elements as scholarly journals, professional conferences and
seminars, final reports, surveys and news releases.
13.0 Litigation. The Contractor agrees to pay the cost of any litigation should said
contractor fail to comply with the rules and regulations in this contract or should
said contractor prove to be negligent or incompetent. In carrying out the provisions
of the contract or in exercising any power or authority granted to the contractor,
there shall be no liability, personal or otherwise, upon the GTSB as that office acts
in accordance for the State. Furthermore, to the extent allowed by law, including
but not limited to Iowa Code chapter 669 and the Iowa Constitution, the contractor
shall be responsible for all claims and damages that directly result from the
negligent acts or omissions of Contractor, its employees or agents to the extent
permitted by Iowa Code Chapter 669.
Article 9.0 Additional Special Conditions.
9.1 Expense Documentation. The Subrecipient will document the expenditure of such
funds authorized as eligible for reimbursement in accordance with the conditions
of this Contract upon submission of the Claim and, for equipment, the Equipment
Accountability Report as supplied by the DPS/GTSB.
9.2 Policies and Procedures. The Subrecipient will comply with all policies and
procedures contained in the Iowa DPS/GTSB Policies and Procedures Manual, as
amended, including appropriate attachments provided by the DPS/GTSB in
accordance with Section 402 of the Infrastructure Investment and Jobs Act, and
the Iowa Administrative Code, Section 661, Chapter 20.
9.3 Copyrights. The Federal awarding agency reserves a royalty -free, nonexclusive,
and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use, for Federal Government purposes:
a. The copyright of any work developed under a grant, sub -grant, or contract
under a grant or sub -grant; and
b. Any rights of copyright to which a grantee, sub grantee or a Subrecipient
purchases ownership with grant support.
9.4 Debarred, Suspended and Ineligible Status. The Subrecipient certifies that the
Subrecipient and/or any of its contractors have not been debarred, suspended or
declared ineligible by any agency of the State of Iowa or as defined in the Federal
Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4. The Subrecipient will
immediately notify the DPS/GTSB if the Subrecipient is debarred by the State or
placed on the Consolidated List of Debarred, Suspended and Ineligible
Subrecipients by a federal entity.
a. Instructions for Primary Certification
1. By signing and submitting this proposal, the prospective primary tier
participant is providing the certification set out below and agrees to comply
with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The
prospective primary tier participant shall submit an explanation of why it
cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or
agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or
an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon
which reliance was placed when the department or agency determined to
enter into this transaction. If it is later determined that the prospective
primary tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause or default
or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written
notice to the department or agency to which this proposal is submitted if at
any time the prospective primary tier participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension,
ineligible, participant, person, principal, and voluntarily excluded, as used
in this clause, are defined in 2 CFR parts 180 and 1200. You may contact
the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal
that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who
is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or agency
entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this
proposal that it will include the clause titled "Instructions for Lower Tier
Participant Certification" including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered
Transaction," provided by the department or agency entering into this
covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and
will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower
tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions,
if a participant in a covered transaction knowingly enters into a lower tier
covered transaction with a person who is proposed for debarment under
48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may
terminate the transaction for cause or default.
b. Debarment, Suspension, and Other Responsibility Matters -Primary Covered
Transactions
1) The prospective primary tier participant certifies to the best of its knowledge
and belief, that it and its principals::
a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in covered
transactions by any Federal department or agency;
b) Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged
by a governmental entity (Federal, State, or local) with commission of
any of the offenses enumerated in paragraph (1)(b) of this certification;
and
d) Have not within a three-year period preceding this application/proposal
had one or more public transactions (Federal, State, or local)
terminated for cause or default.
2) Where the prospective primary tier participant is unable to certify to any of
the Statements in this certification, such prospective participant shall attach
an explanation to this proposal.
c. Instructions for Lower Tier Certification
1) By signing and submitting this proposal, the prospective lower tier
participant is providing the certification set out below and agrees to comply
with the requirements of 2 CFR parts 180 and 1200.
2) The certification in this clause is a material representation of fact upon
which reliance was placed when this transaction was entered into. If it is
later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available
to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including
suspension or debarment.
3) The prospective lower tier participant shall provide immediate written notice
to the person to which this proposal is submitted if at any time the
prospective lower tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
4) The terms covered transaction, civil judgment, debarment, suspension,
ineligible, participant, person, principal, and voluntarily excluded, as used
in this clause, are defined in 2 CFR parts 180 and 1200. You may contact
the person to whom this proposal is submitted for assistance in obtaining a
copy of those regulations.
5) The prospective lower tier participant agrees by submitting this proposal
that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who
is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or agency
with which this transaction originated.
6) The prospective lower tier participant further agrees by submitting this
proposal that it will include the clause titled "Instructions for Lower Tier
Participant Certification" including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions and will require lower
tier participants to comply with 2 CFR parts 180 and 1200.
7) A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower
tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website
(https://www.sam.gov/).
8) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9) Except for transactions authorized under paragraph 5 of these instructions,
if a participant in a covered transaction knowingly enters into a lower tier
covered transaction with a person who is proposed for debarment under
48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including
suspension or debarment.
d. Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transactions
1) The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal
department or agency.
2) Where the prospective lower tier participant is unable to certify to any
of the statements in this certification, such prospective participant shall
attach an explanation to this proposal.
9.5 Equipment acquired under this agreement for use in highway safety program areas
shall be used and kept in operation for highway safety purposes in accordance
with 23 CFR 1300.31.
a. Title. Except as provided in paragraphs (e) and (f) of this section, title to
equipment acquired under 23 U.S.C. Chapter 4 and Section 1906 will vest
upon acquisition in the State or its subrecipient, as appropriate, subject to the
conditions in paragraphs (b) through (d) of this section.
b. Use. All equipment shall be used for the originally authorized grant purposes
for as long as needed for those purposes, as determined by the Regional
Administrator, and neither the State nor any of its subrecipients or contractors
shall encumber the title or interest while such need exists.
c. Management and disposition. Subject to the requirements of paragraphs (b),
(d), (e), and (f) of this section, States and their subrecipients and contractors
shall manage and dispose of equipment acquired under 23 U.S.C. Chapter 4
and Section 1906 in accordance with State laws and procedures.
d. Purchases and dispositions. Subrecipients shall receive prior written approval
for all in -car camera purchases and any equipment purchases over $4,000
from GTSB by submitting a quote from the vendor for the equipment to verify
the acquisition price. GTSB will determine if further approval is required from
NHTSA based on the acquisition price on the quote. Claims for equipment
submitted by the Subrecipient must match the quote exactly which was
approved by GTSB. GTSB considers equipment purchased using federal
funds to have a useful life expectancy of at least a 5 years minimum unless
documentation is provided to the contrary.
1) Equipment with a useful life of more than one year and an acquisition cost
of $5,000 or more shall be subject to the following requirements:
i. Purchases shall receive prior written approval from GTSB and NHTSA.
Failure to secure prior approval will result in the Subrecipient being
responsible for the cost of the equipment purchase; retroactive
approval from NHTSA is not an option.
ii. Dispositions shall receive prior written approval from NHTSA unless the
equipment has exceeded its useful life as determined by GTSB policy.
2) Equipment with a useful life of more than one year and an acquisition cost
of less than $5,000 shall be subject to the following requirements:
i. Dispositions shall be reported to GTSB.
ii. Equipment destroyed during its useful life shall be replaced by the
department. The department will notify GTSB of the date the equipment
was rendered unusable and the replacement information to include:
manufacturer, date equipment was received, serial number and a photo
with serial number.
e. Right to transfer title. The Regional Administrator may reserve the right to
transfer title to equipment acquired under this part to the Federal Government
or to a third party when such third party is eligible under Federal statute. Any
such transfer shall be subject to the following requirements:
1) The equipment shall be identified in the grant or otherwise made known to
the State in writing;
2) The Regional Administrator shall issue disposition instructions within 120
calendar days after the equipment is determined to be no longer needed
for highway safety purposes, in the absence of which the State shall follow
the applicable procedures in 2 CFR parts 200 and 1300.
f. Federally -owned equipment. In the event a State or its subrecipient is provided
federally -owned equipment:
1) Title shall remain vested in the Federal Government;
2) Management shall be in accordance with Federal rules and procedures,
and an annual inventory listing shall be submitted by the State;
3) The State or its subrecipient shall request disposition instructions from the
Regional Administrator when the item is no longer needed for highway
safety purposes.
4) DPS/GTSB does not allow equipment purchased using federal funds to be
sold without written prior approval from GTSB.
9.6 Nondiscrimination. The Subrecipient will comply with all Federal statutes and
implementing regulations relating to nondiscrimination ("Federal Nondiscrimination
Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin), 49 CFR part
21 and 28 CFR 50.3;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal -aid programs and
projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-
1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as
amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.),
(prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal aid recipients, subrecipients and contractors,
whether such programs or activities are Federally -funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
(prohibits discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and
certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations (prevents discrimination
against minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations);
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (guards against Title VI national origin
discrimination/discrimination because of limited English proficiency (LEP) by
ensuring that funding recipients take reasonable steps to ensure that LEP persons
have meaningful access to programs (70 FR 74087-74100);
• Executive Oder 13985, Advancing Racial Equity and Support for Underserved
Communities through the Federal Government (advancing equity across the
Federal Government); and
• Executive Order 13988, Preventing and Combatting Discrimination on the Basis
of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes
discrimination on the grounds of gender identity or sexual orientation).
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives,
circulars, policy, memoranda, and/or guidance, the Subrecipient hereby gives
assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity,
for which the Subrecipient receives Federal financial assistance from DOT,
including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,
with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination
requirements (the Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and
coverage of these nondiscrimination statutes and requirements to include all
programs and activities of the Subrecipient, so long as any portion of the program
is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the
Subrecipient agrees with and gives the following Assurances with respect to its
Federally assisted Highway Safety Grant Program:
a. The Subrecipient agrees that each "activity," "facility," or "program," as defined
in § 21.23(b) and (e) of 49 CFR part 21 will be (with regard to an "activity")
facilitated, or will be (with regard to a "facility") operated, or will be (with regard
to a "program") conducted in compliance with all requirements imposed by, or
pursuant to the Acts and the Regulations.
b. The Subrecipient will insert the following notification in all solicitations for bids,
Requests For Proposals for work, or material subject to the Acts and the
Regulations made in connection with all Highway Safety Grant Programs and,
in adapted form, in all proposals for negotiated agreements regardless of
funding source:
"The [name of Subrecipient], in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that in
any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds
of race, color, or national origin in consideration for an award."
c. The Subrecipient will insert the clauses of appendix A and E of this Assurance
(also referred to as DOT Order 1050.2A)U in every contract or agreement
subject to the Acts and the Regulations.
d. The Subrecipient will insert the clauses of appendix B of DOT Order 1050.2A,
as a covenant running with the land, in any deed from the United States
effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Subrecipient.
e. That where the Subrecipient receives Federal financial assistance to construct
a facility, or part of a facility, the Assurance will extend to the entire facility and
facilities operated in connection therewith.
f. That where the Subrecipient receives Federal financial assistance in the form
of, or for the acquisition of, real property or an interest in real property, the
Assurance will extend to rights to space on, over, or under such property.
g. That the Subrecipient will include the clauses set forth in appendix C and
appendix D of this DOT Order 1050.2A, as a covenant running with the land,
in any future deeds, leases, licenses, permits, or similar instruments entered
into by the Subrecipient with other parties:
1) for the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
2) for the construction or use of, or access to, space on, over, or under real
property acquired or improved under the applicable activity, project, or
program.
h. That this Assurance obligates the Subrecipient for the period during which
Federal financial assistance is extended to the program, except where the
Federal financial assistance is to provide, or is in the form of, personal property,
or real property, or interest therein, or structures or improvements thereon, in
which case the Assurance obligates the Subrecipient, or any transferee for the
longer of the following periods:
1) the period during which the property is used for a purpose for which the
Federal financial assistance is extended, or for another purpose involving
the provision of similar services or benefits; or
2) the period during which the Subrecipient retains ownership or possession
of the property.
i. The Subrecipient will provide for such methods of administration for the
program as are found by the Secretary of Transportation or the official to whom
he/she delegates specific authority to give reasonable guarantee that it, other
Subrecipients, sub-Subrecipients, sub -grantees, contractors, subcontractors,
consultants, transferees, successors in interest, and other participants of
Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the Acts, the Regulations, and this
Assurance.
j. The Subrecipient agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Acts, the Regulations,
and this Assurance.
By signing this ASSURANCE, the Subrecipient also agrees to comply (and require
any sub -contractors, sub -grantees, contractors, successors, transferees, and/or
assignees to comply) with all applicable provisions governing NHTSA's access to
records, accounts, documents, information, facilities, and staff. You also recognize
that you must comply with any program or compliance reviews, and/or complaint
investigations conducted by NHTSA. You must keep records, reports, and submit
the material for review upon request to NHTSA, or its designee in a timely,
complete, and accurate way. Additionally, you must comply with all other reporting,
data collection, and evaluation requirements, as prescribed by law or detailed in
program guidance.
The Subrecipient gives this ASSURANCE in consideration of and for obtaining any
Federal grants, loans, contracts, agreements, property, and/or discounts, or other
Federal -aid and Federal financial assistance extended after the date hereof to the
Subrecipients by the U.S. Department of Transportation under the Highway Safety
Grant Program. This ASSURANCE is binding on the State highway safety agency,
other Subrecipients, sub -contractors, sub -grantees, contractors, subcontractors
and their subcontractors', transferees, successors in interest, and any other
participants in the Highway Safety Grant Program. The person(s) signing below
is/are authorized to sign this ASSURANCE on behalf of the Subrecipient.
9.7 Buy America Act. The Subrecipient will comply with the Buy America requirement
(23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires
Subrecipients to purchase only steel, iron and manufactured products produced in
the United States with Federal Funds, unless the Secretary of Transportation
determines that such domestically produced items would be inconsistent with the
public interest, that such materials are not reasonably available and of a
satisfactory quality, or that inclusion of domestic materials will increase the cost of
the overall project contract by more than 25 percent. In order to use Federal funds
to purchase foreign produced items, the State must submit a waiver request that
provides an adequate basis and justification to and approved by the Secretary of
Transportation.
9.8 Political Activity (Hatch Act). The Subrecipient will comply with provisions of the
Hatch Act (5 U.S.C. §§1501-1508) which limits the political activities of employees
whose principal employment activities are funded in whole or in part with Federal
funds.
9.9 State Lobbying Restrictions. None of the funds under this program will be used
for any activity specifically designed to urge or influence a State or local legislator
to favor or oppose the adoption of any specific legislative proposal pending before
any State or local legislative body. Such activities include both direct and indirect
(e.g., "grassroots") lobbying activities, with one exception. This does not preclude
a State official whose salary is supported with NHTSA funds from engaging in
direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to
favor or oppose the adoption of a specific pending legislative proposal.
9.10 Federal Lobbying Restrictions. The undersigned certifies, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, of modification of any
Federal contract, grant, loan, or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions;
c. The undersigned shall require that the language of this certification be included
in the award documents for all sub -award at all tiers (including subcontracts,
subgrants, and contracts under grant, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
9.11 Prohibition on Using Grant Funds to Check for Helmet Usage. The Subrecipient
will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage
or to create checkpoints that specifically target motorcyclists.
9.12 Contract Amendments. Contract amendments must occur if there is a change in
budget within the same funding source, to change the required scope of work, a
change in an equipment purchase including quantity or addressing an unplanned
occurrence. A letter must be submitted by the Contract Designee to GTSB for
approval. Once GTSB has issued an approval for the change, the Subrecipient
may proceed with the amended activity. No change in a contractual agreement
will be accepted within 60 days of the close of the contract.
9.13 Conflict of Interest, General Requirements. — No employee, officer or agent of a
subrecipient who is authorized in an official capacity to negotiate, make, accept, or
approve, or to take part in negotiating, making, accepting, or approving any
subaward, including contracts or subcontracts, in connection with this grant shall
have, directly or indirectly, any financial or personal interest in any such subaward.
Such a financial or personal interest would arise when the employee, officer, or
agent, any member of his or her immediate family, his or her partner, or an
organization which employs or is about to employ any of the parties indicated
herein, has a financial or personal interest in or a tangible personal benefit from an
entity considered for a subaward. Based on this policy:
a. The recipient shall maintain a written code or standards of conduct that provide
for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents.
1. The code or standards shall provide that the recipient's officers,
employees, or agents may neither solicit nor accept gratuities, favors, or
anything of monetary value from present or potential subawardees,
including contractors or parties to subcontracts.
2. The code of standards shall establish penalties, sanctions, or other
disciplinary actions for violations, as permitted by State or local law or
regulations.
b. The recipient shall maintain responsibility to enforce the requirements of the
written code or standards of conduct.
Disclosure Requirements. — No subrecipient, including its officers, employees, or
agents, shall perform or continue to perform under a grant or cooperative
agreement, whose objectivity may be impaired because of any related past,
present, or currently planned interest, financial or otherwise, in organizations
regulated by DPS/GTSB or in organizations whose interests may be substantially
affected by DPS/GTSB activities. Based on this policy:
a. The recipient shall disclose any conflict of interest identified as soon as
reasonably possible, making an immediate and full disclosure in writing to
DPS/GTSB. The disclosure shall include a description of the action which the
recipient has taken or proposes to take to avoid or mitigate such conflict.
b. DPS/GTSB will review the disclosure and may require additional relevant
information from the recipient. If a conflict of interest is found to exist,
DPS/GTSB may (a) terminate the award, or (b) determine that it is otherwise
in the best interest of DPS/GTSB to continue the award and include appropriate
provisions to mitigate or avoid such conflict.
c. Conflicts of interest that require disclosure include all past, present, or currently
planned organizational, financial, contractual, or other interest(s) with an
organization regulated by DPS/GTSB or with an organization whose interest
may be substantially affected by DPS/GTSB activities, and which are related
to this award. The interest(s) that require disclosure include those of any
recipient, affiliate, proposed consultant, proposed subcontractor, and key
personnel of any of the above. Past interest shall be limited to within one year
of the date of award. Key personnel shall include any person owning more
than a 20 percent interest in a recipient, and the officers, employees or agents
of a recipient who are responsible for making a decision or taking an action
under an award where the decision or action can have an economic or other
impact on the interests of a regulated or affected organization.
Article 10.0 Conditions of Payment.
10.1 Maximum Payments. It is expressly understood and agreed the maximum amount
to be paid to the Subrecipient by the DPS/GTSB for any item of work or service
will be the amount specified under Article 12.0 subject to Article 11.0 herein. It is
further understood and agreed the total of all payments to the Subrecipient by the
DPS/GTSB for all work and services required under this Contract will not exceed
$29,200.00 unless modified by written amendment of this Contract as provided in
Section 1.0 of the General Conditions.
10.2 Claim for Reimbursement. All payments to the Subrecipient will be subject to the
DPS/GTSB's receipt of a Claim and documentation. A Claim will be submitted on
a form provided by the DPS/GTSB. Expenses will need to be paid prior to
submitting the claim for reimbursement. If claiming equipment, an Equipment
Accountability Report must also be submitted. The Subrecipient must perform
services (as defined in sections 11.7 and 11.8 of this contract) between the
effective dates of the contract to qualify for reimbursement. The Subrecipient shall
receive goods no later than July 31 as stated in section 11.9 of this contract to
qualify for reimbursement, unless prior approval is granted. No payments will be
made if required reports are more than two months past due unless approved by
the DPS/GTSB Director. GTSB reserves the right to deny payment when there
has not been performance of any activities defined in the Statement of Work and
Services.
10.3 Receipt of Federal Funds.
a. All payments hereunder will be subject to the receipt of federal funds by the
DPS/GTSB. The termination, reduction, or delay of federal funds to the
DPS/GTSB may be reflected by a corresponding modification to the conditions
of this Contract.
b. Notwithstanding any other provisions of this Contract, if funds anticipated for
the continued fulfillment of this Contract are at any time not forthcoming or
insufficient, either through failure of the State of Iowa to appropriate funds,
discontinuance or material alteration of the program for which funds were
provided, the DPS/GTSB will have the right to terminate this Contract without
penalty by giving not less than thirty (30) days written notice documenting the
lack of funding, discontinuance or program alteration. Unless otherwise
agreed to by the parties, the Contract will become null and void on the last day
of the fiscal year for which appropriations were received, except that if an
appropriation to cover cost of this Contract becomes available within sixty (60)
days subsequent to termination under this clause, the DPS/GTSB agrees to
re-enter a Contract with the terminated Subrecipient under the same
provisions, terms and conditions as the original Contract.
c. In the event of termination of this Contract due to non -appropriation, the
exclusive, sole and complete remedy of Subrecipient will be payment for
services rendered prior to termination.
10.4 Non -Performance Termination. If, through any cause, the Subrecipient shall fail
to fulfill in a timely and proper manner its obligation under this contract, or if the
Subrecipient shall violate any of the agreements or stipulations of this contract, the
DPS/GTSB shall thereupon have the right to terminate this contract and withhold
further payment of any kind by giving written notice to the Subrecipient of such
termination and specifying the effective date thereof, at least thirty (30) days before
such date. The DPS/GTSB shall be the sole arbitrator of whether the Subrecipient
or its contractor is performing its work in a proper manner with reference to the
quality of work performed by the Subrecipient or its contractor under the provisions
of this contract. The Subrecipient and the DPS/GTSB further agree that this
contract may be terminated by either party by giving written notice of such
termination and specifying the effective date thereof, at least thirty (30) days before
such date.
10.5 The Contractor will arrange for a single audit to be performed in accordance with
2 CFR 200 when, as a non-federal entity, the Contractor receives $750,000.00 or
more in federal funds. The federal agency, National Highway Traffic Safety
Administration, Department of Transportation, passes funds through the
Department of Public Safety, Governor's Traffic Safety Bureau. The Catalog of
Federal Domestic Assistance (CFDA) number 20.600 applies to State and
Community Highway Safety Grant. A copy of the audit report will be submitted to
the DPS/GTSB within thirty (30) days after the completion of the audit.
Article 11.0
and proper
Statement of Work and Services. The Subrecipient will perform in a satisfactory
manner, as determined by the DPS/GTSB the following work and services:
11.2
11.3
The Contract will be monitored by the National Highway Traffic Safety
Administration (NHTSA) and the DPS/GTSB. All records and documents
pertaining to the project are subject to auditing and evaluation by those agencies
or their designees.
The Subrecipient will absorb all costs not contained in this contract.
The project will be evaluated on all items contained in the Statement of Work and
Services and the Budget.
11.4 There will be no change in the Statement of Work and Services or Budget without
prior written approval of the DPS/GTSB.
The Subrecipient will comply with all requirements contained within the Policies
and Procedures Manual of the DPS/GTSB.
All documents relative to fiscal claims will be maintained in the Subrecipient's office
and will be available for review during regular office hours.
Staffing plan:
a. Provide adequate staff to carry out the activities of this contract.
11.8 Contract activities:
a. Develop and produce a bicycle safety awareness video demonstrating how to
use the new bicycle lanes on Park Avenue using drone footage for both
bicyclists and drivers. The education initiative will include the development and
implementation of an education awareness campaign, targeting children,
adults, and the community at large to enhance knowledge of bicycle safety.
Distribution venues will include multiple social media platforms, the city
website, and local television stations.
b. The Waterloo Police Department will conduct approximately 80 hours of high
visibility downtown patrolling and enforcement in the Park Avenue Bike Trail
area over an approximate two -week period with a primary focus on driver
behavior and bicyclists.
11.9 Key dates:
a. By April 15, 2024, July 15, 2024 and October 15, 2024 submit a quarterly
report as specified in Article 4.5.
b. By August 1, 2024, submit claim for expenses incurred prior to July 1, 2024.
c. By August 1, 2024, submit any and all contract amendments including the
transfer of funds between line items of the budget.
d. By November 1, 2024, submit a final report as specified in Article 4.2.
e. By November 15, 2024, submit final claim for reimbursement.
11.10 Reporting requirements/performance measures:
a. Bicycle safety awareness video developed, produced and distributed on
social media platforms, city website, and local television stations.
b. High visibility enforcement conducted by Waterloo Police Department.
Article 12.0 Project Budget.
Highway Safety
Funds
Contractual Services
High Visibility Enforcement -Waterloo Police Dept $ 9,200.00
Park Lane Bicycle Lane Education Video $ 20,000.00
TOTAL $ 29,200.00