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<br />TEXAS TRAFFIC SAFEIY PROGRAM AGREEMENT ¡oj £ <br />G4. NoncoUusion <br />The Subgrantee warrants that it has not employed or retained any company or person, other <br />than a bona fide employee working for it, to solicit or secure this agreement, and that it has not <br />paid or agreed to pay any company or person, other than a bona fide employee, any fee, <br />commission, percentage, brokerage fee, gift, or any other consideration contingertt upon or <br />resulting from the award or making of this agreement. If the Subgrantee breaches or violates <br />this warranty, the Department shall have the right to annul this agreement without liability or, in <br />its discretion, to deduct from the agreement price or consideration, or otherwise recover the full - <br />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 <br />A, the Subgrantee shall submit a performance report using forms provided or approved by the <br />Department. The performance report will include as a minimum (1) a comparison of actual <br />accomplishments to the objectives established for the period, (2) reasons why established <br />objectives were not met, if appropriate, and (3) other pertinent information including, when <br />appropriate, analysis and explanation of cost overruns or high unit costs. <br />The Subgrantee shall submit the final performance report within 30 days after completion of the <br />grant. <br />.¿ <br />The Subgrantee shall promptly advise the Department in writing of events which have a <br />significant impact upon the agreement, including: <br />1. Problems, delays, or adverse conditions which will materially affect the ability to attain <br />program objectives, prevent the meeting of time schedules and objectives, or preclude the <br />attainment of project work units by established time periods. This disclosure shall be <br />accompanied by a statement of the action taken, or contemplated, and any Department or <br />Federal assistance needed to resolve the situation. <br />I <br />2. Favorable developments or events that enable meeting time schedules and objectives sooner <br />than anticipated or producing more work units than originally projected. <br />G6. Records <br />The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other <br />evidence pertaining to costs incurred and work performed hereunder and shall make such <br />materials available at its office during the agreement period and for three years from the date <br />of the final performance report under the agreement. Such materials shall be made available <br />during the specified period for inspection by the Department, the U.S. Department of <br />Transportation and the Office of the Inspector General, if the agreement is federally funded, <br />and any of their authorized representatives for the purpose of making audits, examinations, <br />excerpts, and transcriptions. The Subgrantee shall retain all records until final completion of <br />any litigation. <br />Page 6 of 13 <br />