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<br /> f'oÇE <br /> TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT <br /> G4. Noncollusion <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 contingent 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 /> G5. 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 tinal performance report within 30 days after completion of the <br /> grant. ~ <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 /> , <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 /> 10/93 Page 6 of 13 <br />