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15-81 Unsigned by IDOT
Resolution No. 15-81 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ELECTRONIC SPEED SIGNS IN CONNECTION WITH THE CITY OF ELGIN SAFE ROUTE TO SCHOOL PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that David J.Kaptain,Mayor,be and is hereby authorized and directed to execute a grant agreement with the Illinois Department of Transportation for the purchase of electronic speed signs in connection with the City of Elgin Safe Route To School Project, grant number SRTS-014-0053, state job number P-40-053-14, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 10, 2015 Adopted: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Barbara Furman From: Barbara Furman Sent: Thursday, May 28, 2015 10:46 AM To: Kristie Hilton Subject: RE: Safe Route To School Grant Agr and All Traffic Solutions You're welcome! bf From: Kristie Hilton Sent: Thursday, May 28, 2015 10:44 AM To: Barbara Furman Subject: RE: Safe Route To School Grant Agr and All Traffic Solutions Barb these look good, thank you so much. And an extra thank you for helping me sort out the "other" contract issue with Bill. I had more problems with this grant than I've had with any grants, ever. Kristie From: Barbara Furman Sent: Thursday, May 28, 2015 10:27 AM To: Kristie Hilton Subject: Safe Route To School Grant Agr and All Traffic Solutions Kristie, Attached for your review is a resolution regarding IDOT Grant Agr in connection with the Safe Route to School Project. Unless advised to the contrary, I will print out the agreement currently in the 5/27/15 COW folder for signature. Also, please check on that page of the agreement regarding"Single Audit Not Required Certification". Also attached is a resolution regarding the purchase of electronic signs from All Traffic Solutions which will also be placed on the 6/10/15 city council agenda. Thanks!! bf Barbara E. Furman Legal Secretary/Paralegal 150 Dexter Court Elgin, IL 60120 Telephone: 847/931-5656 Facsimile: 847/931-5665 E-Mail: furman b@citvofelgin.org 1 Illinois Department of Transportation Grant Agreement A. Grantee: City of Elgin C. Grant Number: SRTS-014-0053 Address: c/o Elgin Police Department State Job Number: P-40-053-14 151 Douglas Avenue Elgin, IL 60120 Project Title: City of Elgin Safe Route to School Grant Contact: Kristie Hilton Starting Date: Execution Telephone: 847.289.2970 Expiration Date: 12 Months from Execution Fax Number: 847.289.2622 Email: Hilton_k©cityofelgin.org. FEIN/TIN: 36-6005862 DUNS: 928349711 B. For The Gr. - if�f /� ., 06/10/2015 / 1/ =v d J. Kaptain, Mayor Date D. For the Department Omer M.Osman,Director of Highways,Chief Engineer William M.Barnes,Chief Counsel Date (Approved as to form) Date: By: By: James J.Ofcarcik,Acting Chief Financial Officer Date By: Randall S.Blankenhom,Acting Secretary of Date Transportation By: Print Name Print Title E. Grant Summary and Permissible Expenditures of Grant Funds The Safe Routes to School GRANTEE will purchase and utilize portable speed feedback signs to reduce speeding and reckless driving in school zones. F. Limit of Compensation Fund Name Amount Share% Federal Fund(s): 20.205 FHWA/Safe Routes to School $ 24,000.00 80% State Funds: NONE $ NONE 0% Local Match: GRANTEE $ 6,000.00 20% Total: $ 30,000.00 100% Note: The attached Grant Conditions constitutes a part of this grant. Printed 4/8/2015 Page 1 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 G. State of Illinois Conditions of Approval The following are general conditions of approval and procedural guidelines to which all projects are subject. Signatory of this Grant certify that these conditions and procedures and the conditions and procedures specific to this project will be adhered to unless amended in writing. 1. Laws of Illinois This grant shall be governed in all respects by the laws of the state of Illinois. 2. Procurement Procedures All procurement transactions for Contractual Services, Commodities and Equipment shall be conducted in a manner that provides maximum open and free competition. The GRANTEE shall also meet the following minimum procedural requirements. 2.1 Subcontracting Subcontracting, assignment, or transfer of all or part of the interests of the GRANTEE concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2.2 Procurement of Goods or Services—Federal Funds For purchases of products or services with any Federal funds that cost more than $3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.0 403(11), (currently set at $100,000.00) the GRANTEE shall obtain price or rate quotations from an adequate number(at least three) of qualified sources. Procurement of products or services with any Federal funds for $100,000 or more will require the GRANTEE to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GRANTEE, the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Condition H.10 below. The GRANTEE may only procure products or services from one source with any Federal funds if: (1)the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined inadequate. 2.3 Procurement of Goods or Services—State Funds For purchases of products or services with any State of Illinois funds that cost more than $20,000.00, ($10,000.00 for professional and artistic services) but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently set at$50,000.00 and $20,000.00 for professional and artistic services) the GRANTEE shall obtain price or rate quotations from an adequate number(at least three) of qualified sources. Procurement of products or services with any State of Illinois funds for $50,000.00 or more for goods and services (and $20,000.00 or more for professional and artistic services) will require the GRANTEE to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GRANTEE,the procedures of the DEPARTMENT will be used. The GRANTEE may only procure products or services from one source with any State of Illinois funds if: (1) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3)after solicitation of a number of sources, competition is determined inadequate. 2.4 The GRANTEE shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. 2.5 Employment Of Department Personnel The GRANTEE will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. a. The GRANTEE shall maintain records sufficient to detail the significant history of a procurement. These records shall include, but are not necessarily limited to: information pertinent to rationale for the method of procurement selection of contract type, contractor selection or rejection, and basis for the cost or price. b. No DEPARTMENT employee shall participate in the procurement of products or services if a conflict of interest, real or apparent, would be involved. No employee shall solicit or accept anything of monetary value from bidders or suppliers. 3. Method of Payment Project expenditures are paid directly from federal and/or state funds. Because the DEPARTMENT is responsible for obtaining federal reimbursement for project expenditures, it is necessary that the DEPARTMENT monitor all procedures and documents which will be used to claim and support project- related expenditures. The following procedures should be observed to secure payment: 3.1 Invoices Invoices submitted by the GRANTEE will be for expenses that have been incurred to complete the Paragraph J, Scope of Services. If the GRANTEE'S invoices are deemed by the DEPARTMENT or auditors to not be sufficiently documented for work completed, the DEPARTMENT may Printed 4/8/2015 Page 2 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011.49442-7900-1000 require further records and supporting documents to verify the amounts, recipients and uses of all funds invoiced pursuant to this Agreement. Furthermore, if any of the deliverables in Paragraph K are not satisfactorily completed, GRANTEE will refund payments made under this agreement to the extent that such payments were made for any such incomplete or unsatisfactory deliverable. Any invoices/bills issued by the GRANTEE to the DEPARTMENT pursuant to this Grant shall be sent to the following address: Illinois Department of Transportation Safe Routes to School Program Bureau of Safety Engineering 2300 S. Dirksen Parkway, Room 323 Springfield, Illinois 62764 3.2 Billing and Payment All invoices for services performed and expenses incurred by the GRANTEE must be presented to the DEPARTMENT no later than 60 days after the expiration of the Agreement. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARTMENT will send all payments to the GRANTEE remittance address listed in this Agreement. Additional invoicing instructions are outlined in Section AP-4 of the SRTS Awards Packet. All invoices shall be signed by an authorized representative of the GRANTEE. 4. Allocation of Grant Funds The GRANTEE may spend only those funds which will be reimbursed by both the DEPARTMENT or by the Federal government. This grant authorizes the GRANTEE to spend no more than the limit of compensation as identified on Page 1. The GRANTEE is required to provide a 20 percent local match. 5. Cost Category Transfer Request For all transfers between or among appropriated and allocated cost categories, DEPARTMENT approval is required. To secure approval, the GRANTEE must submit a written request to the DEPARTMENT detailing the amount of transfer, the cost categories from and to which the transfer is to be made and rationale for the transfer. 6. Equipment Inventory An inventory of non-expendable personal property having a useful life of more than two years and an acquisition cost of$500 or more is subject to periodic inspection by the DEPARTMENT. 7. Alteration or Termination All alterations shall be authorized in writing by the DEPARTMENT and shall become part of the grant. This Grant may be terminated by either party upon 7 days written notice. Failure to carry out the conditions set forth herein shall constitute a breach of the grant and may result in termination. The GRANTEE will be paid for work satisfactorily completed prior to the date of termination. 8. Work Product The DEPARTMENT's Bureau of Safety Engineering or a designated representative shall have access to the GRANTEE'S work and applicable records whenever it is in preparation or progress, and the GRANTEE shall provide for such access and inspection. Interim reports shall be submitted at key milestones of the project. A final report shall be submitted before or at the time of the final invoice. 9. Audits The records and supportive documentation for all completed projects are subject to an on-site audit by the DEPARTMENT. The DEPARTMENT reserves the right to inspect and review, during normal working hours,the workpapers of the independent auditor in support of their audit report. 10. Records The GRANTEE shall maintain, for a minimum of three years after the completion of the grant, adequate books, records and supporting documents related to the grant which shall be made available for review and audit by the Department, Auditor General or Attorney General; and the GRANTEE agrees to cooperate fully with any audit conducted by the Department, Auditor General or Attorney General and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the grant for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 11. Reporting For any grant in excess of$25,000, GRANTEE shall file quarterly reports, specifying at a minimum, the progress of the program, project, or use and the expenditure of the grant funds related thereto. Each report shall be due and must be received by the DEPARTMENT no later than 30 days after the end of the quarter for which the report is made and shall be filed as instructed by the Department. Failure to file or late filing of said reports may result in the delay, suspension or withholding of grant funds. Printed 4/8/2015 Page 3 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 • 12. Indemnification Unless prohibited by State law, the GRANTEE agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, arising out of any work or services performed by the GRANTEE and/or the GRANTEE'S employees, officials, agents, contractors and subcontractors in connection with this Agreement and shall defend any suit or action, whether at law or in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the GRANTEE and/or the GRANTEE'S employees, officials, agents, contractors and subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials,employees and agents in connection therewith. GRANTEE shall defend, indemnify and hold the DEPARTMENT harmless against a third-party action, suit or proceeding ("Claim")against the DEPARTMENT to the extent such Claim is based upon an allegation that a Product, as of its delivery date under this Agreement, infringes a valid United States patent or copyright or misappropriates a third party's trade secret. 13. Equal Employment Opportunities -Affirmative Action Sexual Harassment The GRANTEE complies with the Illinois Department of Human Rights Act and rules applicable to public GRANTs, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2- 105). 14. Illinois Grant Funds Recovery Act Grant Funds are available for expenditure or obligation by the GRANTEE for the period of time set out in Block C, page 1, of this agreement. This grant agreement is for cost reimbursement only and in accordance with Section 5 of the Grant Funds Recovery Act (30 ILCS705/5) it is permitted to have a term of more than two years. All funds remaining at the end of the grant agreement or at the expiration of the period of time grant funds are available for expenditure or obligation by the GRANTEE must be returned to the State within 45 days. Any grant funds which have been misspent or are being improperly held are subject to recovery in accordance with the"Illinois Grant Funds Recovery Act," 30 ILCS 705. 15. Ownership of Documents All documents, data and records produced by the GRANTEE in carrying out the GRANTEE'S obligations and services hereunder, without limitation and whether preliminary or final, shall become and remain the property of the DEPARTMENT and the GRANTEE. The DEPARTMENT shall have the right to use all such documents, data and records without restriction or limitation and without additional compensation to the GRANTEE. All documents, data and records utilized in performing research shall be available for examination by the DEPARTMENT upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data and records shall, at the option of the DEPARTMENT, be appropriately arranged, indexed and delivered to the DEPARTMENT by the GRANTEE. 16. Confidentiality Clause Any documents, data, records, or other information given to or prepared by the GRANTEE pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT. All information secured by the GRANTEE from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the DEPARTMENT. 17. Debt Certification The GRANTEE and its affiliates are not delinquent in the payment of any debt to the State (or if delinquent has entered into a deferred payment plan to pay the debt), and the GRANTEE and its affiliates acknowledge the DEPARTMENT may declare the contract void if this certification is false(30 ILCS 500/50- 11) or if the GRANTEE or an affiliate later becomes delinquent and has not entered into a deferred payment plan to pay off the debt. (30 ILCS 500/50-60) 18. Availability Of Appropriation/Sufficiency Of Funds/Continued Grant Authority This Grant is contingent upon and subject to the availability of funds and the DEPARTMENT's continued authority to make or administer the grant. The DEPARTMENT, at its sole option, may terminate or suspend this contract/grant, in whole or in part, without penalty or further payment being required, if(1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, suspends the authority to make this grant and does not lift the suspension, or if funds needed are insufficient for any reason, (2) the Governor decreases the Department's funding by reserving some or all of the Department's appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly; or (3) the Department determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. GRANTEE will be notified in writing of the failure of appropriation or of a reduction or decrease. 19. International Boycott The GRANTEE certifies that neither GRANTEE nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S. Export Administration Act of 1979 Printed 4/8/2015 Page 4 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 or the applicable regulations of the U.S. Department of Commerce. This applies to contracts that exceed $10,000 (30 ILCS 582). 20. Forced Labor The GRANTEE certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction (30 ILCS 583). 21. Travel Expenses Expenses for travel, lodging, or per diem could possibly be paid by the DEPARTMENT pursuant to this Agreement. The GRANTEE shall follow the Travel Guide for State Employees issued by the Illinois Department of Central Management Services on any travel covered under this Agreement. 22. Prohibition on Use of Grant Funds for Prohibited Political Activities (a) For the purposes of this Section, "prohibited political activity" means: (1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event. (2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event. (3) Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution. (4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. (6) Assisting at the polls on Election Day on behalf of any political organization or candidate for elective office or for or against any referendum question. (7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls. (8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question. (9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office. (10) Preparing or reviewing responses to candidate questionnaires in connection with a campaign for elective office or on behalf of a political organization for political purposes. (11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question. (12)Campaigning for any elective office or for or against any referendum question. (13) Managing or working on a campaign for elective office or for or against any referendum question. (14)Serving as a delegate, alternate, or proxy to a political party convention. Printed 4/8/2015 Page 5 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 (15) Participating in any recount or challenge to the outcome of any election, except to the extent that under subsection (d)of Section 6 of Article IV of the Illinois Constitution each house of the General Assembly shall judge the elections, returns, and qualifications of its members. (b) Grantees and employees of grantees shall not knowingly use grant funds, or goods or services purchased with grant funds, to engage, either directly or indirectly, in a prohibited political activity. (c)Grantees and employees of grantees shall not be knowingly compensated from grant funds for time spent engaging in a prohibited political activity. (d) Nothing in this Section shall prohibit any 501(c)(3) or 501(c)(4) organization receiving a grant from the State from engaging in any federally permissible activity regarding advocacy, indirect and direct lobbying, and political activity, provided that the specific funds acquired by a grant from the State shall not be knowingly used for those activities that are permitted by federal law but prohibited by this Section. (e)A grantee that knowingly violates this Section is guilty of a business offense and is subject to a fine of up to $5,000. H. Federal Conditions of Approval The GRANTEE assures that it will comply with all applicable federal statutes, regulations, executive orders, Federal Transit Administration (FTA) circulars, and other federal requirements in carrying out any project supported by federal funds. The GRANTEE recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The GRANTEE agrees that the most recent federal requirements will apply to the project. 1.Certification Regarding Lobbying 1.1 As required by 31 U.S.C. 1352 and U.S. DOT regulations, "New Restrictions on Lobbying,"specifically 49 CFR 20.110: a. The lobbying restrictions of this Certification apply to Grantee/Subgrantee requests: (i) For$100,000 or more in Federal funding for a Grant or Cooperative Agreement, and (ii) For$150,000 or more in Federal funding for a Loan, Line of Credit, Loan Guarantee, or Loan Insurance, and b. This Certification applies to the lobbying activities of: (1) Grantee, (2) Its Principals, and its Subrecipients at the first tier, 1.2. Governmental Body's/Grantee'sNendor's authorized representative certifies to the best of its knowledge and belief that for each agreement for federal assistance exceeding$100,000: a. No Federal appropriated funds have been or will be paid by your Applicant, or on its behalf, to any person to influence or attempt to influence: (i) An officer or employee of any Federal agency regarding the award of a: 1) Federal Grant or Cooperative Agreement, or 2) Federal Loan, Line of Credit, Loan Guarantee, or Loan Insurance, or (ii) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: 1) Federal Grant or Cooperative Agreement, or 2) Federal Loan, Line of Credit, Loan Guarantee, or Loan Insurance, b. Grantee/Subgrantee will submit a complete OMB Standard Form LLL(Rev. 7-97), "Disclosure of Lobbying Activities,"consistent with its instructions, if any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence: (i) An officer or employee of any Federal agency regarding the award of a: 1) Federal Grant or Cooperative Agreement, or 2) Federal Loan, Line of Credit, Loan Guarantee, or Loan Insurance, or Printed 4/8/2015 Page 6 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 (ii) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: 1) Federal Grant or Cooperative Agreement, or 2) Federal Loan, Line of Credit, Loan Guarantee, or Loan Insurance, and c. It will include the language of this Certification in the award documents for all subawards at all tiers, including, but not limited to: (2.a) Third party contracts, (2.b) Sub-contracts, (2.c) Sub-agreements, and (2.d) Other third party agreements under a: (2.d.1) Federal Grant or Cooperative Agreement, or (2.d.2) Federal Loan, Line of Credit, Loan Guarantee, or Loan Insurance, 1.3. Grantee/Subgrantee understands that: a. This Certification is a material representation of fact that the Federal Government relies on, and b. It must submit this Certification before the Federal Government may award funding for a transaction covered by 31 U.S.C. 1352, including a: (i) Federal Grant or Cooperative Agreement, or (ii) Federal Loan, Line of Credit, Loan Guarantee, or Loan Insurance, and 1.4. Grantee/Sub-grantee also understands that any person who does not file a required Certification will incur a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 2. Nondiscrimination Assurance As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act,"49 CFR Part 21 at 21.7, the GRANTEE assures that it will comply with all requirements of 49 CFR Part 21; FTA Circular 4702.1A, "Title VI and Title VI —Dependent Guidelines for Federal Transit Administration Recipients," and other applicable directives, so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the GRANTEE receives federal assistance. Specifically, during the period in which federal assistance is extended to the project, or project property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits, or as long as the GRANTEE retains ownership or possession of the project property, whichever is longer, the GRANTEE assures that: a. Each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 5332 and 49 CFR Part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. b. It will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the GRANTEE assures that it will submit the required information pertaining to its compliance with these requirements. c. It will include in each subagreement, property transfer agreement, third party contract, third party subcontract, or participation agreement adequate provisions to extend the requirements of 49 U.S.C. 5332 and 49 CFR Part 21 to other parties involved therein including any subrecipient, transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other participant in the project. d. Should it transfer real property, structures, or improvements financed with federal assistance to another party, any deeds and instruments recording the transfer of that property shall contain a covenant running with the land assuring nondiscrimination for the period during which the property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits. e. The United States has a right to seek judicial enforcement with regard to any matter arising under the Act, regulations, and this assurance. Printed 4/8/2015 Page 7 of 19 SRTS-Elgin Police Department 15 807 00701 BOBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 f. It will make any changes in its 49 U.S.C. 5332 and Title VI implementing procedures as U.S. DOT or FTA may request. 3. Control of Property The GRANTEE certifies that the control, utilization and disposition of property or equipment acquired using federal funds is maintained according to the provisions of 2 CFR Part 200, Subpart D, Property Standards. 4. Cost Principles The GRANTEE certifies that the cost principles and indirect cost proposals of this Agreement are consistent with 2 CFR Part 200, Subpart E, and Appendix VII to Part 200, and all costs included in this Agreement are allowable under 2 CFR Part 200, Subpart E, and Appendix VII to Part 200. 5. Debarment The GRANTEE shall comply with Debarment provisions as contained in 2 CFR Part 1200, as amended. The GRANTEE certifies that to the best of its knowledge and belief, the GRANTEE and the GRANTEE'S principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b)within a three-year period preceding this Agreement have not been convicted of or had a civil judgment rendered against it 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 anti-trust 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 subsection (b), above; d) have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. The inability of the GRANTEE to certify to the certification in this section will not necessarily result in denial of participation in this Agreement. The GRANTEE shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the DEPARTMENT determined whether to enter into this transaction. If it is later determined that the GRANTEE knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this Agreement for cause. The GRANTEE shall provide immediate written notice to the DEPARTMENT if at any time the GRANTEE learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this part shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The GRANTEE agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by the DEPARTMENT. The GRANTEE agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the DEPARTMENT, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The GRANTEE may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless the GRANTEE knows the certification is erroneous. The GRANTEE may decide the method and frequency by which it determines the eligibility of its principals. The GRANTEE may, but is not required to, check the Nonprocurement List. If the GRANTEE knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this Agreement for cause or default. Nothing contained in this section shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and information of the GRANTEE is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 6. Audit Requirements The GRANTEE certifies that it will comply with the requirements of 2 CFR Part 200, Subpart F, which sets forth standards for obtaining consistency and uniformity for the audit of non-Federal entities expending Federal awards. In particular, Section 200.501 requires the following: a. Audit required A non-Federal entity that expends$750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year. Printed 4/8/2015 Page 8 of 19 SRTS-Elgin Police Department 15 807 00701 BOBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 b. Single audit A non-Federal entity that expends$750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single audit conducted except when it elects to have a program-specific audit. c. Program-specific audit election When an auditee expends Federal awards under only one Federal program (excluding R&D)and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program- specific audit. A program-specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass-through entity in the case of a subrecipient, approves in advance a program- specific audit. d. Exemption when Federal awards expended are less than $750,000 A non-Federal entity that expends less than$750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in§200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office(GAO). e. Except for the provisions for biennial audits provided in paragraphs (a) and (b), audits required by this part must be performed annually. Any biennial audit must cover both years within the biennial period. e.1) A state, local government, or Indian tribe that is required by constitution or statute, in effect on January 1, 1987, to undergo its audits less frequently than annually, is permitted to undergo its audits pursuant to this part biennially. This requirement must still be in effect for the biennial period. e.2) Any nonprofit organization that had biennial audits for all biennial periods ending between July 1, 1992, and January 1, 1995, is permitted to undergo its audits pursuant to this part biennially. f. The audit must be completed; the data collection form described in Appendix X to Part 200 and reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. g. Reporting package The reporting package must include the following: g.1) Financial statements and schedule of expenditures of Federal awards discussed in §200.510 Financial statements, paragraphs (a)and (b), respectively; g.2) Summary schedule of prior audit findings discussed in§200.511 Audit findings follow-up, paragraph (b); g.3) Auditor's report(s)discussed in§200.515 Audit reporting; and g.4) Corrective action plan discussed in§200.511 Audit findings follow-up, Paragraph(c). 7. Drug Free Workplace The GRANTEE certifies that it will comply with the requirements of the federal Drug Free Workplace Act, 41 U.S.C. 702 as amended, and 49 CFR 32. 8. Disadvantaged Business Enterprise Assurance In accordance with 49 CFR 26.13(a), as amended, the GRANTEE assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26, as amended. The GRANTEE assures that it shall take all necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure nondiscrimination in the award and administration of all third party contracts and subagreements supported with Federal assistance derived from the U.S. DOT. The GRANTEE'S DBE program, as required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this DBE program is a legal obligation of the GRANTEE, and failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by the Federal Government or the DEPARTMENT to the GRANTEE of its failure to implement its approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001, as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as amended. Printed 4/8/2015 Page 9 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 9. Assurance of Nondiscrimination on the Basis of Disability As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the GRANTEE assures that, as a condition to the approval or extension of any Federal assistance awarded by FTA to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit from any program administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any program or activity receiving or benefiting from Federal assistance administered by the FTA or any entity within U.S. DOT. The GRANTEE assures that project implementation and operations so assisted will comply with all applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29 U:S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT regulations at 49 CFR Parts 27, 37, and 38, and any applicable regulations and directives issued by other Federal departments or agencies. 10. Procurement Compliance Certification The GRANTEE certifies that its procurements and procurement system will comply with all applicable third party procurement requirements of Federal laws, executive orders, regulations, and FTA directives, and requirements, as amended and revised, as well as other requirements FTA may issue including FTA Circular 4220.1F, "Third Party Contracting Guidance," and any revisions thereto, to the extent those requirements are applicable. The GRANTEE certifies that it will include in its contracts financed in whole or in part with FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will ensure that each subrecipient and each contractor will also include in its subagreements and its contracts financed in whole or in part with FTA assistance all applicable clauses required by Federal laws, executive orders, or regulations. 11. Intelligent Transportation Systems Program As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the"National ITS Architecture." a. In accordance with Section 5307(c) of SAFETEA-LU, 23 U.S.C. 502 note, the GRANTEE assures it will comply with all applicable requirements of Section V (Regional ITS Architecture and Section VI (Project Implementation)) of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," at 66 Fed. Reg. 1455 et seq., January 8, 2001, and other FTA requirements that may be issued in connection with any ITS project it undertakes financed with Highway Trust Funds (including funds from the mass transit account) or funds made available for the Intelligent Transportation Systems Program authorized by SAFETEA-LU, 23 U.S.C. 502 note. b. With respect to any ITS project financed with Federal assistance derived from a source other than Highway Trust Funds (including funds from the Mass Transit Account) or SAFETEA-LU, 23 U.S.C. 502 note, the GRANTEE assures that is will use its best efforts to ensure that any ITS project it undertakes will not preclude interface with other intelligent transportation systems in the region. 12. Davis-Bacon Act To the extent applicable, the GRANTEE will comply with the Davis-Bacon Act, as amended, 40 U.S.C. 3141 et seq., the Copeland "Anti-Kickback"Act, as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally assisted subagreements. 13. Certifications and Assurances Required by the U.S.Office of Management and Budget(OMB)(SF-424B and SF-424D) As required by OMB,the GRANTEE certifies that it: a. Has the legal authority and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project. b. Will give the U.S. Secretary of Transportation, the Comptroller General of the United States, 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 generally accepted accounting standards or agency directives; c. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain; d. Will initiate and complete the work within the applicable project time periods; e. Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: • Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; Printed 4/8/2015 Page 10 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 CFR Part 25, which prohibit discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap; • The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; • The Drug Abuse, Prevention, Treatment and Rehabilitation Act, Public Law 92-255, and amendments thereto, 21 U.S.C. 1101 et seq. relating to nondiscrimination on the basis of drug abuse; • The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Public Law 91-616, and amendments thereto, 42 U.S.C. 4541 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; • The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd-2, related to confidentiality of alcohol and drug abuse patient records; • Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or financing of housing; • Any other nondiscrimination provisions in the specific statutes under which Federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and Section 1101(b) of the Transportation Equity Act for the 21st Century, 23 U.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FTA programs; and • Any other nondiscrimination statute(s)that may apply to the project. • The prohibitions against discrimination on the basis of disability, as provided in the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq. f. Will comply with all federal environmental standards applicable to the project, including but not limited to: • Institution of environmental quality control measures under the National Environmental Policy Act of 1969 and Executive Order 11514; • Notification of violating facilities pursuant to Executive Order 11738; • Protection of wetlands pursuant to Executive Order 11990; • Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; • 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.; • 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.; • Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended; • Protection of endangered species under the Endangered Species Act of 1973, as amended; • Governmental Body/GranteeNendor will comply with the environmental protections for Federal transportation programs, including, but not limited to, protections for parks, recreation areas, or wildlife or waterfowl refuges of national, State, or local significance or any land from a historic site of national, State, or local significance to be used in a transportation Project, as required by 49 U.S.C. 303(also known as"Section 4f); • The Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 et seq., which relates to protecting components or potential components of the national wild scenic rivers system. g. Will comply with all other federal statutes applicable to the project, including but not limited to: • As provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(Uniform Relocation Act),42 U.S.C.4601 et seq.,and 49 U.S.C. 5323(b), regardless of whether Federal funding has been provided for any of the real property acquired for Project purposes, Governmental Body/GranteeNendor: g.1) Will provide for fair and equitable treatment of any displaced persons, or any persons whose property is acquired as a result of federally-funded programs, g.2) Has the necessary legal authority under State and local laws and regulations to comply with: Printed 4/8/2015 Page 11 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 (i) The Uniform Relocation Act. 42 U.S.C. 4601 et seq., as specified by 42 U.S.C. 4630 and 4655, and (ii) U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR part 24, specifically 49 CFR 24.4, and g.3) Has complied with or will comply with the Uniform Relocation Act and implementing U.S.DOT regulations because: (i) Will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR Part 24, (ii) As required by 42 U.S.C. 4622, 4623, and 4624, and 49 CFR part 24, if an FTA-funded Project results in displacement, it will provide fair and reasonable relocation payments and assistance to: 1. Displaced families or individuals, and 2. Displaced corporations, associations, or partnerships, (iii) As provided by 42 U.S.C. 4625 and 49 CFR part 24, it will provide relocation assistance programs offering the services described in the U.S. DOT regulations to such: 1. Displaced families and individuals, and 2. Displaced corporations, associations, or partnerships, (iv) As required by 42 U.S.C. 4625(c)(3),within a reasonable time before displacement, it will make available comparable replacement dwellings to families and individuals, (v) Governmental Body/GranteeNendor will: 1. Carry out the relocation process to provide displaced persons with uniform and consistent services, and 2. Make available replacement housing in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin, (vi) Will be guided by the real property acquisition policies of 42 U.S.C. 4651 and 4652, (vii) Will pay or reimburse property owners for their necessary expenses as specified in 42 U.S.C. 4653 and 4654, understanding that FTA will provide Federal funding for its eligible costs for providing payments for those expenses, as required by 42 U.S.C. 4631, (viii)Will execute the necessary implementing amendments to FTA-funded third party contracts and subagreements, (ix) Will execute, furnish, and be bound by such additional documents as FTA may determine necessary to effectuate or implement these assurances, (x) Will incorporate these assurances by reference into and make them a part of any third party contract or subagreement, or any amendments thereto, relating to any FTA-funded Project involving relocation or land acquisition, and (xi) Will provide in any affected document that these relocation and land acquisition provisions must supersede any conflicting provisions; • (1)The Hatch Act, 5 U.S.C. 1501 — 1508, 7324—7326, which limits the political activities of State and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds, including a Federal Loan, Grant Agreement, or Cooperative Agreement, and (2) 49 U.S.C. 5323(1)(2)and 23 U.S.C. 142(g), which provide an exception from Hatch Act restrictions for a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA funding appropriated or made available for 49 U.S.C. chapter 53 and 23 U.S.C. 142(a)(2)to whom the Hatch Act does not otherwise apply, • The Flood Disaster Protection Act of 1973, which requires the purchase of flood insurance in certain instances; • Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C.470; • Executive Order 11593,which relates to identification and protection of historic properties; • The Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469a-1 et seq.; Printed 4/8/2015 Page 12 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 • The Laboratory Animal Welfare Act of 1966, as amended, 7 U.S.C. 2131 et seq., which relates to the care, handling, and treatment of warm-blooded animals held for research,teaching, or other activities supported by a federal award of assistance; • The Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4801 et seq.,which relates to prohibiting the use of lead-based paint in construction or rehabilitation of residence structures; • The Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations"; and • Use of parks, recreation areas,wildlife and waterfowl refuges, and historic sites pursuant to 23 C.F.R. Part 774 (Section 4(f) requirements);and • Governmental Body/GranteeNendor will, to the extent applicable, comply with the protections for human subjects involved in research, development, and related activities supported by Federal funding of: 1. The National Research Act, as amended, 42 U.S.C. 289 et seq., and 2. U.S. DOT regulations, "Protection of Human Subjects,"49 CFR Part 11. 14. Energy Conservation To the extent applicable,the GRANTEE and its third party contractors at all tiers shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. Section 6321, et seq. 15. Clean Water For all contracts and subcontracts exceeding $100,000,the GRANTEE agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Water Pollution Control Act, 33 U.S.C. Section 1251, et seq. 16. Clean Air For all contracts and subcontracts exceeding $100,000,the GRANTEE agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 U.S.C.7401, et seq. 17. Eligibility for Employment in the United States The GRANTEE shall complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Forms (1-9). These forms shall be used by the GRANTEE to verify that persons employed by the GRANTEE are eligible to work in the United States. 18. Buy America Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of satisfactory quality; or that inclusion of domestic materials will increase the cost of overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. 19. False Or Fraudulent Statements Or Claims The GRANTEE acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the DEPARTMENT in connection with this Agreement, the DEPARTMENT reserves the right to impose on the GRANTEE the penalties of 18 U.S.C. Section 1001, 49 U.S.C. Section 5307, 31 U.S.C. Section 3801, and 49 CFR Part 31, as the DEPARTMENT may deem appropriate. GRANTEE agrees to include this clause in all state and federal assisted contracts and subcontracts. 20. Changed Conditions Affecting Performance The GRANTEE shall immediately notify the DEPARTMENT of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. 21. Third Party Disputes Or Breaches The GRANTEE agrees to pursue all legal rights available to it in the enforcement or defense of any third party contract, and FTA or U.S. DOT and the DEPARTMENT reserve the right to concur in any compromise or settlement of any third party contract claim involving the GRANTEE. The GRANTEE will notify FTA or U.S. DOT and the DEPARTMENT of any current or prospective major dispute pertaining to a third party contract. If the GRANTEE seeks to name the DEPARTMENT as a party to the litigation, the GRANTEE agrees to inform both FTA or U.S. DOT and the DEPARTMENT before doing so. The DEPARTMENT retains a right to a proportionate share of any proceeds derived from any third party recovery. Unless permitted otherwise by the DEPARTMENT, the GRANTEE will credit the Project Account with any liquidated damages recovered. Nothing herein is intended to nor shall it waive U.S. DOT's, FTA's or the DEPARTMENT's immunity to suit. Printed 4/8/2015 Page 13 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 22. Fly America GRANTEE will comply with 49 U.S.C. §40118, 4 CFR §52 and U.S. GAO Guidelines B- 138942, 1981 U.S. Comp. Gen. LEXIS 2166, March 31, 1981 regarding costs of international air transportation by U.S. Flag air carriers. 23. Non-Waiver The GRANTEE agrees that in no event shall any action or inaction on behalf of or by the DEPARTMENT, including the making by the DEPARTMENT of any payment under this Agreement, constitute or be construed as a waiver by the DEPARTMENT of any breach by the GRANTEE of any terms of this Agreement or any default on the part of the GRANTEE which may then exist; and any action, including the making of a payment by the DEPARTMENT, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the DEPARTMENT in respect to such breach or default. The remedies available to the DEPARTMENT under this Agreement are cumulative and not exclusive. The waiver or exercise of any remedy shall not be construed as a waiver of any other remedy available hereunder or under general principles of law or equity. 24. Preference for Recycled Products To the extent applicable, the GRANTEE agrees to give preference to the purchase of recycled products for use in this Agreement pursuant to the various U.S. Environmental Protection Agency (EPA) guidelines, "Comprehensive Procurement Guidelines for Products Containing Recovered Materials," 40 CFR Part 247, which implements section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962. 25. Cargo Preference-Use of United States Flag Vessel The GRANTEE agrees to comply with 46 U.S.C.§ 55305 and 46 CFR Part 381 and to insert the substance of those regulations in all applicable subcontracts issued pursuant to this Agreement, to the extent those regulations apply to this Agreement. 26. GRANTEE is required to register with the System for Award Management(SAM),which is a web-enabled government-wide application that collects, validates, stores and disseminates business information about the federal government's trading partners in support of the contract award, grants, and the electronic payment processes. If the GRANTEE does not have a DUNS number, the GRANTEE must register at https://sam.qov. As a subrecipient of federal funds equal to or greater than$25,000 (or which equals or exceeds that amount by addition of subsequent funds),this agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.apb.gov/2010/pdf/2010-22706.pdf. 27. Equipment Maintenance Reimbursement The property and equipment purchased with funds acquired under this AGREEMENT shall be utilized by the GRANTEE for the sole purpose and intent of the project as defined in the project description and scope for its entire useful life. The GRANTEE shall properly inventory and maintain in good working condition all property and equipment purchased under this AGREEMENT. Any equipment paid for with federal funds may not be disposed of without prior approval from the DEPARTMENT. In cases where GRANTEE or SUBGRANTEE fails to take appropriate disposition action,the GRANTEE or SUBGRANTEE may be required to reimburse the awarding agency for the cost of the item. 28. Performance Measurement The GRANTEE must relate financial data of this AGREEMENT to its performance accomplishments. Further, the GRANTEE must also provide cost information or a budget in Part 6 to demonstrate cost effective practices pursuant to 2 CFR Part 200.301. 29. Project Closeout Pursuant to CFR Part 200.343 thru 200.345, the GRANTEE must submit the required project deliverables, performance and financial reports, and all eligible incurred costs,as specified in Parts 5 and 6, respectively, of this AGREEMENT no later than 90 days after the AGREEMENT's end date. Further, the GRANTEE agrees that the project should then be closed no later than 360 days after receipt and acceptance by the DEPARTMENT of all required final reports. All of the requirements listed in Part H, Federal Conditions of Approval, Paragraphs 1 to 29, apply to this federally funded project. The GRANTEE agrees to include these requirements in each contract and subcontract financed in whole or in part with federal assistance. Printed 4/8/2015 Page 14 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 I. Taxpayer Identification Number I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c)the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Company Name: City of Elgin Taxpayer Identification Number: Social Security Number or Employer Identification Number 36-6005862 (If you are an individual, enter your name and SSN as it appears on your Social Security Card. If completing this certification for a sole proprietorship, enter the owner's name followed by the name of the business and the owner's SSN or EIN. For all other entities, enter the name of the entity as used to apply for the entity's EIN and the FEIN.) Legal Status (check one): ❑ Individual ® Governmental ❑ Sole Proprietorship ❑ Not-for-Profit Organization ❑ Partnership/Legal Corporation ❑ Limited Liability Company (select applicable tax classification) ❑ Tax-exempt D=disregarded entity C=corporation ❑ Other P=partnership J. Scope of Work Through a collaborative effort with Elgin School District U-46, the GRANTEE's Police Department shall conduct an Enforcement project in school zones in the City of Elgin. GRANTEE shall utilize portable speed feedback signs to be mounted on existing posts to reduce speeding and reckless driving in school zones to encourage students to walk and bike to and from school. Protect#SRTS-014-0053 GRANTEE shall utilize portable speed feedback signs to be mounted on existing posts to reduce speeding and reckless driving in school zones to encourage students to walk and bike to and from school. To accomplish this, the GRANTEE shall: Purchase: Portable speed feedback signs with software and accessories Install: Feedback signs on existing posts Conduct:Vehicle speed enforcement activities in targeted school zones Maintain: Equipment in working order for the duration of the agreement to the greatest extent possible. GRANTEE shall be responsible for all operational, maintenance, and repair costs. Printed 4/8/2015 Page 15 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 Deliverables: (all Deliverables must be submitted with, or before final invoice) 1. Summary report of each SRTS project or event associated with this funding grant, including project overview, opportunities or constraints experienced, and lessons learned. 2. Evidence that pre-project Parent Attitude Survey and Student Travel Tally results have been submitted to the National Center for Safe Routes to School's national database. 3. Copies or photographs of all working materials purchased or produced with SRTS funds and utilized for SRTS activities. These materials would include equipment purchased, paper materials distributed, advertising copy, etc. 4. Status report detailing Consultant Services, Planning and Evaluation activities. Please note: additional status reports may be required after final invoice to document post project information. K. Compensation Cost Share: Federal Funds $ 24,000.00 80% Local Funds $ 6,000.00 20% Grand Total Funds $ 30,000.00 100% DEPARTMENT Appropriation Code: 011-49442-7900-1000 Budget(Both Projects Combined): Education $ 0.00 Consultant $ 0.00 Training $ 0.00 Equipment $ 30,000.00 Printing $ 0.00 Promotion $ 0.00 Planning/Evaluation $ 0.00 Grand Total $ 30,000.00 Budget: Education $---------- Equipment $ 30,000.00 -Plan/Eval $---------- Consultant $ Printing $ ----------- ------�---- ------- Training $ ---- Promotion $ - --------_ -------_— TOTAL: $ 30,000.00 L. GRANTEE, by signature of its authorized representative on page one, Section B of this Grant Agreement, certifies under oath that all information in this Grant Agreement is true and correct to the best of the GRANTEE's knowledge, information and belief; that the funds shall be used only for the purposes described in this Grant Agreement; and that the award of grant funds is conditioned upon such certification. Part M Certification Regarding Lobbying (49 CFR Part 20) [Not Applicable to This Agreement] Printed 4/8/2015 Page 16 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 Part N Agreement Award Notification REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? ® Yes ❑ No - Amount of Federal funds: $24,000.00 Federal Project Number: SRTS-014-0053 Name of Project: City of Elgin Safe Routes to School CFDA Number*, Federal Agency, Program Title: 20.205, Federal Highway Administration, Safe Routes to School *For CFDA(Catalog of Federal Domestic Assistance)Number,refer to original Federal Award/Grant Agreement. REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Printed 418/2015 Page 17 of 19 SRTS-Elgin Police Department 15 807 00701 BOBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 ANNUAL CERTIFICATION FOR SINGLE AUDIT COMPLIANCE NOTICE • This certification applies ONLY to governmental agencies, local units of government and non- profit agencies expending federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F,Audit Requirements applies to your organization,submit the certification or a copy of your single audit to the department at the end of your fiscal year for any fiscal year in which you expended any federal funds related to this contract. NOTE:ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR WHICH FEDERAL FUNDS ARE EXPENDED FOR THIS PROJECT BY ANY STATES.LOCK GOVERNMENTS OR NONPROFIT ORGANIZATIONS. FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN THE SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS. In accordance with,2 CFR Part 200,Subpart F, Audit Requirements_such non-federal entities that expend$750,000 or more in federal awards in a year are required to have a single audit performed. The DEPARTMENT is required by federal law to obtain and review the single audit of all entities that had any federally participating funds pass through it, irrespective of the amount provided by the DEPARTMENT. It is the responsibility of the agencies expending federal funds to comply with the requirements of 2 CFR Part 200 and determine whether they are required to have a single audit performed. In order to comply with this requirement,your agency must provide the following information to the department on an annual basis for every year in which you expended funds for costs associated with this project: 1. If your agency expended$750,000 or more in federal awards from all sources,including other agencies,in a year, you are required to have a single audit performed in accordance with 2 CFR Part 200 and submit a copy of the report to the department within the earlier of 30 days after completion of the single audit or no more than nine months after the end of your fiscal year end. 2. If your agency expended less than$750,000 in federal awards from all sources,including other agencies,in any fiscal year for which you expended funds for project costs, and were not required to conduct a single audit, you must complete and return the certification statement. 3. If your agency receives multiple awards from the DEPARTMENT,only one annual submittal of this information is required. Please submit a copy of your single audit or the Single Audit Not Required Certification to: Illinois Department of Transportation Audit Coordination Section, Rm. 303 2300 South Dirksen Parkway Springfield, IL 62764 The single audit must be comprised of four parts. You have the option of including the four parts in one report or a combination of reports. The four parts are commonly known as: 1. Comprehensive Annual Financial Report(Financial Statements). 2. Schedule of Expenditures of Federal Awards and Independent Auditor's Report thereon. 3. Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards. 4. Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in accordance with 2 CFR Part 200. Printed 4/8/2015 Page 18 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 Additional information which should be submitted: 1. Corrective Action Plan(s), if applicable. 2. Management Letter, if applicable. 3. Status of Prior Year Findings, if applicable. For your convenience, you may also submit the information via email to DOT.AuditReviewOillinois.gov or via fax at 217/782-5634. If you have any questions, please contact the Audit Coordination Section at 217/782-6041. REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Printed 4/812015 Page 19 of 19 SRTS-Elgin Police Department 15 807 00701 BoBS 9077 SRTS GRANT Appropriation Code:011-49442-7900-1000 NOTICE Do not submit this certification to the department with your signed contract. • This certification applies ONLY to governmental agencies, local units of government and non- profit agencies expending federal funds for this project. It does not apply to for-profit public or private entities. • If 2 CFR Part 200, Subpart F, Audit Requirements applies to your organization,submit the certification or a copy of your single audit to the department at the end of your fiscal year for any fiscal year in which you expended any federal funds related to this contract. Single Audit Not Required Certification I certify that expended less than$750,000 in federal awards in our fiscal year , and was not required to have a single audit conducted. (Signature) (Title) Subrecipient Contact Information Subrecipient: Contact Person: Title: Address: Phone No. Fax No. Fiscal Year End: Email address: