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<br /> 'fZJ£ . <br />TEXAS TRAFF[C SAFETY PROGRAM GRANT AGREEMENT <br />G4, NoncoI1tL'iion <br />The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide <br />employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any <br />,company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift" or <br />any other consideration contingent upon or resulting from the award or making of this agreement. If the <br />Sub grantee breaches or violates this warranty, the Department shaH have the right to armul this agreement <br />without liability or, in its discrc::tion, to deduct from the agreement price or consideration, or otherwise recover <br />the fu[[ amount of such fee, commission. brokerage fee, gift, or contingent fee, <br />GS. Reporting <br />Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Sub grantee <br />shall submit a performance report using forms provided or approved by the Department. The performance <br />report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for <br />the period,' (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent <br />information including, when appropriate, analysis and explanation of cost overruns or high unit ,costs, <br />The Subgrantee shaH submit the final performance report within 30 days after completion of the grant. <br /> "' , <br />The Subgrantee shaH promptly advise the Department in writing of events which have a significant impact upon <br />the agreement, including: <br />1.' Problems, delays, or advers~ conditions which will materially affect the ability to attain program objectives, <br />prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by <br />established time periods, This disclosure shaH be accompanied by a'statement of the action taken, or <br />contemplated, and any Department or Federal assistance needed to resolve the situation, .¡ <br />2, Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated <br />or producing more work unit') than originally projected, <br />G6. Records <br />The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence <br />pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records, <br />and other evidence pertaining to costs incurred and work performed hereinafter called the records, and, shall <br />make such records available at its office at aU reasonable times for the time period authorized in Article I, <br />Contract Period. The Subgrantee further agrees to retain said records for four years from the date of [mal <br />payment of contract costs incurred hereunder. <br />Duly authorized representatives- of the Texas State Auditor, the Texas Department of Transportation, the United <br />states Department of Transportation, and the Office of the Inspector General shall have access to the records at <br />reasonable times during the contract period and the four years retention period for the purpose of making audits, <br />excerpts, transcriptions, and other examinations. this right of access is not limited to the four year period but <br />shall last as long as the records are retained, If any litigation, claim, negotiation, audit or other action involving <br />the records has been started before the expiration of the four year retention period, the subgrantee shall' retain <br />the records until completion of the action and resolution of aH issues which arise from it, <br />G7. Audit <br />The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502, <br />ensuring that the single audit report includes the coverage stipulated in the foI!owing, as appropriate: <br />. Paragraphs 6, 8, and 9 of OMB Circular A-I28, "Audits of State and Local Governments,' or, <br />. OMB Circular A-I33, "Audits of Institutions of Higher Education and Other Nonprofit Institutions," <br /> Page 6 of 10 7/95 <br />