0 Department of Transportation ·c.;.s Grant Agreement Federal Motor Carrier Safety Administration RECIPIENTNAME AND ADDRESS Maryland Motor Vehicle Administration 6601 Ritchie Hwy NE Glen Burnie, MD 21062-1000 2. AGREEMENTNUMBER. FM-CDL-0209-15-01-00 I. 4, PROJECTPERFORMANCEPERIOD: IA. IRS/VENDORNO. 526002033 61S963113 1B. DUNS NO. 7. CFDA#: 5. FEDERALFUNDINGPERIOD: 6. ACTION New 8. PROJECTTITLE FY 2015 CommercialDriver'sLicense ProgramImplementation Grant 12. INCORPORATEDATTACHMENTS ATTACHMENTS,INCORPOU TEO THE FOLLOWIWO THIS AGREEMENTINCI..UOES 9. PREVIOUSAGREEMENTS NO. 0 3. AMENDMENT FROM 09/24/2015 TO 09/30/2019 FROM 09/24/2015 TO 09/30/2019 NON-FEDERAL FEDERAL TITLE 20.232 I 0.00 TOTAL 0.00 0.00 10. THIS AGREEMENT 427,900.00 0.00 427,900.00 11. TOTALAGREEMENT 427,900.00 0.00 427,900 00 HEREINANDMADEA PARTHEREOF: ceptas noted below. ces, RecipientproJcctplan and budget incorporatedby reference unless/ex FMCSA FinancialAssistanceAgreementGeneral Provisionsand Assuran AGREEMENT ),32604 (cX1)(2012). 13. STATUTORYAUTHORITYFOR GRANT/ COOPERATIVE 4124 (2005), amendedby MAP-21, Pub. L. No.112-141, §§ 32603(c 49 USC§ 31313; SAFETEA-LU,Pub. L. No. 109-59, §§ 4101(cXI), 14. REMARKS See enclosed award conditions. AGENCYAPPROVAL 17. NAME ANDTITLE OF AUTHORIZEDFMCSAOFFICIAL GRANTEEACCEPTANCE GRANTEEOFFICIAL IS. NAMEAND TITLE OF AUTHORIZED Mr. Randy Sechrist Patrice Harris AuthorizingOfficial 16. SIGNATUREOF AUTHORIZEDGRANTEEOFFICIAL 09/30/2015 ElectronicallySigned 19. OBJECTCLASSCODE: 41000 ONCODES 21. ACCOUNTINGCLASSIFICATI FUND DOCUMENTNUMBER FM-CDL-0209-1S-01-00 16A. DATE 17X05715CD 18. SIONATUREOF AUTHORIZEDFMCSA OFFICIAL 18A DATE 09/30/2015 ElectronicallySigned AGENCYUSE ONLV 20, ORGANIZATIONCODE: M600000000 BY BPAC 201S 090S710CDL AMOUNT 427,900.00 Page I Maryland MVA 103120 GULaw Privacy FR !AGREEMENTNUMBER: I RECIPIENTNAME: MarylandMotorVehicleAdnunistratton Federal FinancialReport Cycle Reporting Period Start Date 09/24/2015 10/01/2015 01/01/2016 04/01/2016 07/01/2016 10/01/2016 01/01/2017 04/01/2017 07/01/2017 10/01/2017 01/01/2018 04/01/2018 07/01/2018 10/01/2018 01/01/2019 04/01/2019 07/01/2019 ReportingPeriod End Date 09/30/2015 12/31/2015 03/31/2016 06/30/2016 09/30/2016 12/31/2016 03/31/2017 06/30/2017 09/30/2017 12/31/2017 03/31/2018 06/30/2018 09/30/2018 12/31/2018 03/31/2019 06/30/2019 09/30/2019 Reporting Type Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Final FM-CDL-0209-1S-01-00 ReportingPeriod Due Date 10/30/2015 01/30/2016 04/30/2016 07/30/2016 10/30/2016 01/30/2017 04/30/2017 07/30/2017 10/30/2017 01/30/2018 04/30/2018 07/30/2018 10/30/2018 01/30/2019 04/30/2019 07/30/2019 12/29/2019 AWARD CONDITIONS lprojectto 1. The purpose of this grant Is to fund participationin the NY-CT-NJcross-jurisdictiona screen for fraud using facial recognition. In addition to the statutoryauthoritylocated in Block 13, this program is extendedby the Surface Transportationand VeteransHealth Care Choice ImprovementAct of 2015, Pub. L. 114-41,Sec. 1102 (July 31, 2015).This program is extendedthrough October29, 2015. If enactmentof this program authorizationdoes not occur by October,2015, then the Recipientmay continue project activitiesand may expend funds under this grant agreementup to the approved amount in Block 11. However,FMCSAwill not be able to reimburseprogram costs made after October 29, 2015 until the enactmentof an authorizationextensionor reauthorizationact. If the recipientis requestingindirectcosts, the recipient may not request these costs for reimbursementuntil it has submitteda valid indirectcost rate agreementin force to the FMCSA DivisionOffice. All other tenns and conditionsremainunchanged. Maryland MVA 103121 GULaw Privacy FR AWARD ATTACHMENTS FM-CDL-0209-15-01-00 Maryland Motor Vehicle Administration es 1. FY 2015 FMCSA Financial Assistance Agreement General Provisions and Assuranc Maryland MVA 103122 GULaw Privacy FR FEDERALMOTORCARRIERSAFETYADMINISTRATION ISIONS AND ASSURANCES FINANCIAL ASSISTANCE AGREEMENT GENERAL PROV November 2014 Section 1. Grant Authority a. Contract Authority. izing legislation, The The Federal Motor Carrier Safety Administration (FMCSA) author : a Legacy for Users Safe, Accountable, Flexible, Efficient Transportation Equity Act ed by Moving Ahead amend as , (SAFETEA-LU), Pub. L. 109-59, 119 Stat.I 144 (2005) st 126 Stat. 405 (2012) 1, for Progress in the 21 Century (MAP-21), Pub . L. No. 112-14 U, Pub. L. 109-59, §4101, granted FMCSA contract authority. Pursuant to SAFETEA-L No. 112-141, § 32603 , 126 119 Stat. 1144, 1725 (2005), as amended by MAP-21 Pub . L. the Secretary of Stat. 405, 805-808 (2012) and codified in 49 U.S.C . §31104, es a contractual impos ble Transportation's approval of the grant funds made availa share of costs in 's obligation upon the United States for payment of the Government carrying out the grant objectives . b. Lapse in Appropriations and/or Authorization. riations and/or Except in limited circumstances, the absence of FMCSA approp and support to the authorization prevents the continuation of Federal supervision support, the Recipient may performance of a grant. In the absence of such supervision or such grant is not of mance only continue to proceed with its work if (1) the perfor ued grant management incurring obligations from the lapsed appropriations; (2) if contin performance of the work; supervision or support is not critical to the recipient's continued FMCSAwill make such (3) and FMCSAhas approved the continuation of such work . President, Office of determinations in accordance with the Executive Office of the Operations During a y Agenc Management and Budget, Memorandum '' Planning for ments or updated guidance Lapse in Government Funding"(April 7, 2011), and any amend thereto. Section 2. EfTective Date. effective date of the Grant Recipient acknowledges that Federal funds are obligated on the ment contains the authorized Agreement. The effective date is the date that the Grant Agree panying the signatures differ accom signatures of both parties to this agreement. Where the dates shall be the most recent of these from party to party, the effective date of the Grant Agreement dates. Section 3. Electronic Signatures. g . An electronic signature to the The Recipient understands that electronic signatures are bindin Assurances , as well as all Grant Agreement commits the Recipient to these Provisions and requirements denoted in Section 4. Maryland MVA 103123 GULaw Privacy FR 2 Section 4. General Requirements. a. Obligation of Recipient to Comply. The Recipient understands that by signing the Grant Agreement, the Recipient is agreeing to carry out the approved project plan and the approved budget and to comply with all applicable Federal laws and requirements imposed by the FMCSA concerning special requirements of law, program requirements, and other administrative requirements. This includes, but is not limited to: (1) 49 U.S.C. Chapter 311 (2012), as applicable and denoted in the Notice of Grant Agreement; (2) SAFETEA-LU, Pub. L. No.109- 59, § § 4101-4134, 119 Stat. 1144, 1715-1745 (2005), as amended by MAP-21, Pub. L. No. 112141, §32603, 126 Stat. 405, 808 (2012), as applicable and denoted in the Notice of Grant Agreement; (3) U.S. Department of Transportation (DOT) regulations, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) , and the Federal Grant and Cooperative Agreement Act of 1977. b. Application of Federal. State, and Local Laws and Regulations. i. Federal Laws and Regulations. The Recipient understands that Federal laws, regulations, policies, and related administrative practices applicable to this Agreement on the date the Agreement was executed may be modified from time to time. The Recipient agrees that the most recent of such Federal requirements will govern the administration of this Agreement at any particular time. Likewise, new Federal laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed and may apply to this Agreement. To achieve compliance with changing Federal requirements, the Recipient agrees to include in all subrecipient agreements and third party contracts financed with FMCSA assistance, specific notice that Federal requirements may change and the changed requirements will apply to the Project as required. All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements. ii. State or Territorial Law and Local Law. Except to the extent that a Federal statute or regulation preempts State or territorial law, nothing in this Agreement shall require the Recipient to observe or enforce compliance with any provision thereof, perform any other act, or do any other thing in contravention of any applicable State or territorial law; however, if any of the provisions of this Agreement violate any applicable State or territorial law, or if compliance with the provisions of this Agreement would require the Recipient to violate any applicablt; State or territorial law, the Recipient agrees to notify the FMCSA immediately in writing in order that FMCSA and the Recipient may make appropriate arrangements to proceed with the Project as soon as possible. Maryland MVA 103124 GULaw Privacy FR 3 c. Subrecipients State Recipients shall follow State law and procedures when awarding and administering subawards to local and Indian tribal governments in accordance with 2 CFR § 200.317. All other non-federal entities, including subrecipients of a state, will follow 2 CFR §§ 200.318 General procurement standards through 200.326 Contract provisions. Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. d. Subawards Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. e. Pass-Through Entity Pass-through entity means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. All Pass-Through Entities must comply fully with 2 CFR §§ 200.330, 200.331, 200.332 and 200.505. f. Prohibition Against Transferring An A ward The Recipient is prohibited from transferring or subrogating their rights and responsibilities of the grant program and funds associated with that grant to another entity. Subrogation is when a non-federal entity substitutes another entity, not awarded the subject grant by FMCSA, to a lawful claim, demand, or right, so that that entity succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or fund access. The act of subawarding to a subrecipient is not considered as the subrogation of the recipient's award. Section S. Internal Controls The Recipient must: a. Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States and the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO); Maryland MVA 103125 GULaw Privacy FR 4 b. Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards; c. Evaluate and monitor the non-Federal entity's compliance with statute, regulations and the terms and conditions of Federal awards; d. Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and and e. Take reasonable measures to safeguard protected person ally identifiable information as other information the Federal awarding agency or pass-through entity designates sensitive or the non-Federal entity considers sensitive consistent with applicable Federal, state and local laws regarding privacy and obligations of confidentiality. Section 6. Ethics. a. Written Code of Ethics The Recipient agrees to maintain a written code or standards of ethical conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts supported by Federal funds . The code or standards shall provide that the Recipient's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors or anything of monetary value from present or potential contractors, subrecipients, or regulated entities. The Recipient may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. As permitted by State or local law or regulations, such code or standards shall provide for penalties, sanctions, or other , disciplinary actions for violations by the Recipient's officers, employees, board members or agents, or by contractors or subrecipients or their agents. b. Personal Conflict of Interest. The Recipient 's code or standards must provide that no employee, officer, board member, or agent of the Recipient may participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: i. ii. iii. iv. Maryland MVA The employee, officer, board member, or agent; Any member of his or her immediate family; His or her partner; or An organization that employs, is considering to employ, or is about to employ, any of the above. 103126 GULaw Privacy FR 5 c. Organizational Conflicts of Interest .. for identifying and The Recipient's code or standards of conduct must include procedures An organizational preventing real and apparent organizationalconflicts of interests. under a proposed conflict of interest exists when the nature of the work to be performed future activities, third party contract or subaward, may, without some restrictions on ipient or impair the subrec result in an unfair competitive advantage to the contractor or contractor's subrecipient's objectivity in performing the contract work. Section 7. Hatch Act. the Hatch Act (5 U.S.C. §§ The Recipient agrees to comply, as applicable, with provisions of or local employees 1501-1508 and 7321-7326), which limit the political activities of state ed in whole or in part by whose principal employment is in connection with programs financ Hatch Act specifically The loans or grants made by the United States or a Federal agency. applicable to private, exempts employees of educational institutions, and the Hatch is not ofit organizations derive nonprofit organizations unless the statutes through which the nonpr izations are deemed to their federal funding contain a provision stating that the recipient organ December 19, 2012, On Act. be state or local government agencies for purposes of the Hatch The Act became effective Congress passed the Hatch Act Modernization Act of 2012 (the Act). yees whose salaries are on January 27, 2013. Now, only state, D.C., or local government emplo an office. All other state, paid for entirely by federal funds are prohibited from running for partis Act restrictions are free Hatch by D.C., and local employees, even if they are otherwise covered under the Hatch Act to run for partisan office. Section 8. s in Excess of Limitation on Use of Federal Funds for Lobbying for Grant $100,000. liance with 31 U.S.C. Sec. By signing this agreement the Recipient declares that it is in comp nce a Federal employee, 1352, which prohibits the use of federally appropriated funds to influe modification of any Federal officer, or Member of Congress in connection with the making or of funds is otherwise ent grant, loan, contract, or cooperative agreement. Unless the paym that no funds, including reported to FMCSA, signing this agreement constitutes a declaration influence this grant. funds not federally appropriated, were used or agreed to be used to declarations to the same the make Recipients of subawards in excess of $100,000 must d by the recipient and priate Recipient. With respect to the payment of funds not federally appro address of each person subrecipients, the Recipient must report to the FMCSA the name and paid, and the activity for paid or performing services for which payment is made, the amount which the person was paid. Section 9. Contracting. a. Federal Standards. t Standards The Recipient and Subrecipients agree to comply with the Procuremen ive, whichevermay be requirements set forth at 2 CFR §§ 200.317 through 200.326 inclus Maryland MVA 103127 GULaw Privacy FR 6 DOT or FMCSA directives or applicable, and with applicable supplementary U.S. Project administration, FMCSA reserves regulations. If determined necessary for proper fications and requirements. the right to review the Recipient's technical speci Notification Requirement. Section 10. services (including construction services) a. With respect to any procurement for goods and the Recipient agrees to: having an aggregate value of $500,000 or more, the contract for such goods or Specify in any announcement of the awarding of used to finance the acquisition; and services the amount of Federal funds that will be total costs of the planned acquisition . ii. Express the said amount as a percentage of the i. Section 11. Debarment and Suspension. debarment and suspension from its third party The Recipient agrees to obtain certifications on ly with U.S. DOT regulations, Governmentcontractors and subrecipients and otherwise comp ent) and Government-wide Requirements for wide Debarment and Suspension (Non-procurem 32. This action of certification shall take place Drug-Free Workplace (Grants), 49 C.F.R. Part n completed for a subrecipient or contractor. for each federal year, regardless of prior certificatio or Subaward Disputes or Breaches. Section 12. Notification of Third Party Contract nt or prospective major dispute, breach, or The Recipient agrees to notify FMCSA of any curre subaward . If the Recipient seeks to name litigation pertaining to any third party contract or Recipient agrees first to inform FMCSA FMCSA as a party to litigation for any reason, the of litigation whatsoever, in any forum. before doing so. This provision applies to any type cerns Owned and Controlled by Socially Section 13. Participation by Small Business Con and Economically Disadvantaged Individuals. l business concerns owned and controlled by FMCSA encourages the Recipient to utilize smal s (as that term is defined for other DOT socially and economically disadvantaged individual Project. agencies in 49 C.F.R. Part 26) in carrying out the Section 14. Records Retention. a. Requirement to Retain Records. after the final voucher is submitted, During the course of the Project and for three years any data, documents , reports, the Recipient agrees to retain intact and to provide ng to the Project as FMCSA may records, contracts, and supporting materials relati nts are set forth in 2 C.F.R. § 200.333. require . Reporting and record-keeping requireme Maryland MVA 103128 GULaw Privacy FR 7 b. Ace~ to Recipient and Subrecipient Records. A, the Secretary of The Recipient, and related subrecipients, will give FMCS , or any of their duly Transportation, the Comptroller General of the United States through any authorized authorized representatives , and, if appropriate the State, s, books, papers or representative, access to and the right to examine all record nting system in accou r prope a documents related to the award and will establish s requirements to Acces accordance with generally accepted accounting standards. records are set forth in 2 CFR § 200.336 . Section 15. Audit and Inspection. a. Inspector General Act of 1978. U.S.C . App. 3 § 1 et seq ., an Under the Inspector General Act of 1978, as amended, 5 audit of the award may be conducted at any time. b. Single Audit Act Amendments of 1996. compliance audits in The Recipient agrees to undergo the required financial and and 2 CFR § 200.501. accordance with the Single Audit Act Amendments of 1996 c. Audit Requirements. tribal government , an A Recipient that is: (a) a State, local government or Indian agrees to comply with the audit institution of higher education or nonprofit organization ement thereto ; (c) a private requirements of 2 CFR § 200.501, and any revision or suppl ements of 2 CFR § for-profit organization agrees to comply with the audit requir 200.50l(h). s within the time limits It is imperative that Recipients submit required Single Audit the data collection form and specified in the Circular . The Recipient agrees to submit Audit Act Amendments of copies of the reporting package required under the Single use Bureau of the Census, 1996 and 2 C~ § 200.501 to the Federal Audit Clearingho 1201 East 10t Street Jefferson, IN 47132 . by FMCSA . Project closeout The Recipient agrees to obtain any other audits required costs for Project will not alter the Recipient's audit responsibilities. Audit Project to the extent administration and management are allowable under this authorized by 2 CFR § 200 .501. Transportation and the The Recipient agrees to permit FMCSA, the Secretary of representatives, to inspect Comptroller General of the United States , or their authorized to audit the books, records, and all Project work, materials, payrolls , and other data, and to the Project. The Recipient accounts of the Recipient and its subrecipients pertaining of Transportation and the agrees to require each subrecipient to permit the Secretary rized representatives , to Comptroller General of the United States, or their duly autho Maryland MVA 103129 GULaw Privacy FR 8 inspect all work, materials, payrolls , and other data and records involving that rd as it subaward, and to audit the books, records, and accounts involving that subawa affects the Project. Section 16. Responsibility for Reporting Fraudulent Activity, Waste and Abuse. civil, or The Recipient understands that the Federal government shall pursue administrative, nt or criminal action under a variety of statutes relating to fraud and making false stateme claims. (OIG), if the The Recipient is required to contact the DOT, the Office of Inspector General activity, waste , nt fraudule of e) Recipient becomes aware of the existence (or apparent existenc or abuse. DOT OIG The OIG has authority within the DOT to conduct criminal investigations. The individuals from tion informa g maintains a post office box and a toll-free hotline for receivin The hotline is ents. concerning fraud, waste, or abuse under OHS grants and cooperative agreem identity of the available 24 hours a day, 7 days a week. http://www.oig.dot.gov/Hotline. The caller is kept confidential , and callers are not required to give their names. not limited to, Examples of fraud, waste, and abuse that should be reported include, but are statements, embezzlement, misuse, or misappropriation of grant funds or property, and false to, theft of whether by organizations or individuals. Other examples include, but not limited y federall of theft ; s purpose d nt-relate grant funds for personal use; using funds for non-gra rental building inflated g chargin owned property or property acquired or leased under a grant; and submitting fees for a building owned by the Recipient; submitting false financial reports; the grant). false financial data in bids submitted to the Recipient (for eventual payment under Section 17. Budget and Finance. in accordance The Recipient agrees to carry out Agreement activities and seek reimbursement funding of The l. approva written FMCSA with the Approved Project Budget after securing to incur nt Recipie the for items identified in the budget constitutes FMCSA' s authorization funds more, these costs, if they are allowable, allocable , necessary , and reasonable. Further specifically cannot be spent that violate any FMCSA policy or grants manual. Costs not not required and is l approva prior that d provide budgeted in this Agreement may be allowable es. costs are incurred consistently with the applicable cost principl official in advance Prior Approval means written permission provided by an FMCSA authorized or (2) the of an act that would result in either ( 1) the obligation or expenditure of funds such where project pported performance or modification of an activity under the grant-su Grants ted designa the approval is required . Prior approval must be obtained in writing from of entation Management Officer or FMCSA authorized official for the grant involved. Docum Prior approval the approved budget on the Notice of Grant Award constitutes prior approval. d in the grant applies for the performance of activities and expenditure of funds as describe ent. Agreem the of ns application, unless otherwise restricted by the terms and conditio Maryland MVA 103130 GULaw Privacy FR 9 must obtain prior , written In accordance with 2 C.F.R. § 200.407 and§ 200.308, the Recipient project budget and/or approval from FMCSA before making any revisions to the approved project period end date project plan: ( 1) extending the project period of the grant beyond the require any transfer of specified in the most recent revision of the Agreement; (2) that would cumulatively greater ies) categor funds between Standard Form (SF) 424A (direct-cost budget the addition of than ten percent of the total approved project budget; and (3) that require plan. Examples may expenditures for items or services not approved in the original project rring or contracting out include the increase of equipment purchased or the subawarding, transfe indirect cost rate. the to ns revisio of any work under a Federal award. This may also include than 30 days prior to the The Recipient agrees to submit a request for prior approval no less s for prior approval received expiration of the Agreement. The FMCSA will not process request r days from the date of calenda 30 less than 30 days from the Agreement expiration date. Within and notify the request the Recipient's request for prior approval, FMCSA will review the still under consideration at Recipient whether the request has been approved . If the revision is of the date when the the end of 30 calendar days, FM CSA will inform the Recipient in writing Recipient may expect the decision . reasonable and necessary The Recipient may, without prior approval from FMCSA, make any not cumulatively exceed, or modification to the project budget provided that such deviations do and provided that such expect to exceed, ten percent of the total approved project amount cost objectives or items, deviations only involve the transfer of funds between expenditure . The Recipient agrees to categories authorized by FMCSA in the currently approved budget notify FMCSA of this change. a separate set of accounts or The Recipient agrees to establish and maintain for the Project either , in a manner consistent with accounts within the framework of an established accounting system with the provisions of 2 2 C.F.R. § 200.302, as amended, whichever is applicable. Consistent nt agrees to record in the C.F.R. § 200.305, as amended, whichever is applicable, the Recipie ts received by it from paymen Project Account, and deposit in a financial institution all Project accruing to, or otherwise FMCSA pursuant to this Agreement and all other funds provided for, encouraged to use financial received on account of the Project (Project Funds). The Recipient is All costs charged to the institutions owned at least 50 percent by minority group members. or others, shall be nt Recipie Project, including any approved services contributed by the ts, or vouchers supported by properly executed payrolls, time records, invoices, contrac s shall be supported by describing in detail the nature and propriety of the charges . All matche e records of all Program appropriate records. The Recipient also agrees to maintain accurat that all checks, payrolls , agrees nt Income derived from Project implementation. The Recipie pertaining in whole or in invoices, contracts, vouchers, orders, or other accounting documents to the extent feasible, kept part to the Project shall be clearly identified, readily accessible, and, separate from documents not pertaining to the Project. Maryland MVA 103131 GULaw Privacy FR 10 Section 18. Payments. a. Request by the Recipient for Payment. be made The Recipient's request for payment of the Federal share of allowable costs shall t paymen Each section. to FMCSA and will be acted upon by FMCSA as set forth in this "Rules made to the Recipient must comply with Department of the Treasury regulations, assistance and Procedures for Funds Transfers," 31 C.F .R. Part 205. To receive a Federal payment, the Recipient must: non- Federal i. Have demonstrated or certified that it has made a binding commitment of all funds, if applicable, adequate when combined with Federal payments, to cover statute Federal by required nt Recipie A costs to be incurred under the Project to date. agrees: share cost a or this Agreement to provide contributory matching funds or 1. To refrain from requesting or obtaining Federal funds in excess of the amount d; justified by the contributory matching funds or cost share that has been provide and funds 2. To refrain from talcing any action that would cause the proportion of Federal made available to the Project at any time to exceed the percentage authorized under this Agreement. The requirement for contributory matching funds or cost share may be temporarily waived only to the extent expressly provided in writing byFMCSA. under ii. Have submitted to FMCSA all financial and progress reports required to date this Agreement; iii. Have identified the source(s) of financial assistance provided under this Project, if applicable, from which the payment is to be derived; and funds for iv. Have expended any earned Program Income before requesting any federal reimbursement. b. Delphi elnvoicing System for Departmentof Transportation (DOT) Financial Assistance Awardees receipt i. Subject to the requirements in 2 CFR § 200.305, payments will be made after t paymen Each . ntation of required FMC SA reporting forms and supporting docume . request must be made electronically via the Delphi elnvoicing System ing ii. The following are the procedures for accessing and utilizing the Delphi elnvoic System . iii. Grant Recipient Requirements Maryland MVA 103132 GULaw Privacy FR 11 nt requests 1. Recipient must have internet access to register and submit payme through the Delphi elnvoicing system. A must 2. Recipient must submit payment requests electronically and FM:CS process payment requests electronically . iv. System User Requirements . The FMCSA 1. Recipients should contact FMCSA to request access to the system DOT Financial will provide the Recipient's name and email address to the to register for the ent Management Office. The DOT will then notify the Recipi complete online system through an electronic invitation . The Recipient must training prior to DOT giving system access. to verify the 2. The DOT will send the Recipient an email with an electronic form t it to a presen identity. The Recipient must complete the form, and Recipient's notarized form to : Notary Public for verification. The Recipient will return the DOT Enterprise Services Center FAA Accounts Payable, AMZ-100 PO Box 25710 Oklahoma City, OK 73125 password to the 3. The DOT will validate the form and email a user ID and ement office recipient. The recipient should contact the FMCSA grants manag . with changes to their system information training materials, can 4. Note : Additional information, including access forms and be found on the DOT elnvoicing website: (http :Uwww .dot.gov/cfo/delphi-einvoicing-system.html) v. Waiver s circumstances and 1. DOT Financial Management officials may, in highly limited use the electronic and r registe to on a case by case basis, waive the requirement on the DOT ed obtain grant payment system. Waiver request forms can be stem.html or elnvoicing website (http ://www .dot.gov/cfo/delphi-e invoicing-sy unable to use or by contacting FMCSA. Recipients must explain why they are . ts reques nt access the internet to register and enter payme c. Reimbursement Payment by FMCSA. to: i. If the reimbursement method is used, the Recipient agrees 1. Complete and submit Standard Form 3881, "Payment Information Form-ACH Maryland MVA Payment Vendor Payment System," to FAA-ESC; and 103133 GULaw Privacy FR 12 st 2. Complete and submit, on at least a quarterly basis, Standard Form 270, "Reque for Advance or Reimbursement," to FMCSA. the 3 . Possess and maintain a current DUNs number and entity registration with . .gov) .sam System for Award Management (www 11. Upon receipt of a payment request and adequate accompanying information (invoices in accordance with applicable cost principles), FMCSA will authorize payment by direct deposit provided the Recipient: (i) is complying with its obligations under this Agreement , (ii) has satisfied FMCSA that it needs the requested Federal funds during the requisition period, and (iii) is making adequate and timely progress toward Project completion. If all these by circumstances are present, FMCSA may reimburse allowable costs incurred total the of share A's the Recipient up to the maximum amountofFMCS Project funding . FMCSA will employ a payment term of 20 days . The clock l will start running for payment on receipt of the invoice by FMCSA's financia processor . d. Other Payment Information. le The Recipient agrees to adhere to and impose on its subrecipients all applicab n t fails Recipie the If ent. Agreem this foregoing "Payment by FM CSA" requirements of ent, Agreem this of to adhere to the foregoing "Payment by FMCSA" requirements d. FMCSA may revoke the portion of the Recipient's funds that has not been expende e. Effect of Program Income, Refunds, and Audit Recoveries on Payment. In accordance with 2 CFR § 200.305(b)(5) State, local government , Nonprofit program organizations and Indian tribunal Recipients and subrecipients shall disburse on earned interest and ies income, rebates, refunds, contract settlements, audit recover such funds before requesting additional cash reimbursements. f. Allowable Costs. ents set The Recipient's expenditures will be reimbursed only if they meet all requirem forth below: other 1. Conform with the Project description and the approved Project Budget and all terms of this Agreement ; 2. Be necessary in order to accomplish the Project ; 3. Be reasonable for the goods or services purchased; or 4. Be actual net costs to the Recipient (i.e., the price paid minus any refunds, rebates, cost the g reducin of other items of value received by the Recipient that have the effect actually incurred); Maryland MVA 103134 GULaw Privacy FR 13 5. Be incurred (and be for work performed) after the Federal Funding Period start date of this Agreement, unless specific prior authorization from FMCSA to the contrary is received in writing (pre-award costs); 6. Unless permitted otherwise by Federal statute or regulation, conform with Federal guidelines or regulations and Federal cost principles as set forth below: a. For Recipients that are governmental organizations, institutions of higher education, private non-profit organizations, the cost principles of 2 C.F.R . § 200 Subpart E; and b. For Recipients that are for-profit organizations, the standards of the Federal Acquisition Regulation, 48 C.F .R. Chapter I, Subpart 31.2, "Contracts with Commercial Organizations" apply. 7. Be satisfactorily documented; and 8. Be treated uniformly and consistently as non-federal funds under accounting principles and procedures approved and prescribed by FMCSA for the Recipient, and those approved or prescribed by the Recipient for its subrecipients and contractors. g. Indirect Costs. Indirect costs will not be reimbursed without documentation of an approved indirect cost rate from the recipient's cognizant agency; however, a Recipient or Subrecipient that has never had a negotiated indirect cost rate may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely, without documentation . As described in 2 CFR § 200.403 Factors affecting allowability of costs, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non-Federal entity chooses to negotiate for a rate, which the non-Federal entity may apply to do at any time . Except as provided above, if a recipient intends to request reimbursement of indirect costs, the Recipient must submit the proper documentation before vouchers are submitted for reimbursement. The recipient must indicate in its budget that it will be seeking indirect costs, and a placeholder indirect cost rate will suffice until a final rate can be determined. The Recipient must obtain prior approval through formal amendment in order to recover indirect costs at a negotiated indirect cost rate higher than the place holder indirect cost rate if the cumulative amount of such transfer exceeds or is expected to exceed 10 percent of the total approved budget. The recipient may not request additional grant funds to recover indirect costs that it cannot recover by shifting direct costs to indirect costs. After this Grant Agreement has been signed, any request for changes to the indirect cost rate requires an amendment and Maryland MVA 103135 GULaw Privacy FR 14 e to the indirect cost rate is a new must be approved by formal amendment if the chang et transfer to exceed 10 percent of rate or would cause the cumulative amount of a budg the total approved budget. sion of the current indirect cost The cognizant agency may allow for a one-time exten ally approved negotiated indirect rate of a recipient without further negotiation of a feder y permits any one-time extension, cost rate for up to four years . If the cognizant agenc until the end of the approved the recipient is locked in with that indirect cost rate extension. h. Pre-Award Costs. red before the effective date of the A Recipient may be reimbursed for obligations incur award if: the FM CSA before the effective i. The Recipient receives prior written approval from date of the grant agreement; ii. The costs are necessary to conduct the project; and ed. iii. The costs would be allowable under the grant, if award val before making the If a specific expenditure would otherwise require prior appro must obtain FMCSA the Recipient expenditure (i.e. pursuant to 2 C.F.R. §200.407), then written approval before incurring the cost. costs in anticipation of an award is Recipient understands that the incurrence of pre-award on FMCSA to make the award or taken at the Recipient's risk and imposes no obligation there is no award subsequently made; to increase the amount of the approved budget if (1) inadequate to cover the pre-award (2) an award is made for less than anticipated and is ons. costs incurred; or (3) there are inadequate appropriati i. Disallowed Costs. SA will provide, FM CSA will In determining the amount of Federal assistance FMC exclude: e the effective date of this i. Any Project costs incurred by the Recipient befor whichever is later, unless Agreement, or amendment or modification thereof, unless an authorized otherwise permitted by Federal law or regulation, or ary; representative of FMCSA states in writing to the contr included in the latest approved ii. Any costs incurred by the Recipient that are not Project Budget; and Maryland MVA 103136 GULaw Privacy FR 15 iii. Any costs attributable to goods or services received under a contract or other in arrangement that is required to be, but has not been, concurred in or approved writing by FMCSA. ," The Recipient agrees that reimbursement of any cost under the "Payment by FMCSA the about decision part of this Agreement does not constitute a final FMCSA allowability of that cost and does not constitute a waiver of any violation by the CSA will Recipient of the terms of this Agreement. The Recipient understands that FM of the audit an until cost any of ility not make a final determination about the allowab to entitled not is nt Recipie the Project has been completed. If FMCSA determines that nt Recipie receive any part of the Federal funds requested, FMCSA will notify the on to stating the reasons thereof. Project closeout will not alter the Recipient's obligati return any funds due to FMCSA as a result of later refunds, corrections, or other and transactions. Nor will Project closeout alter FMCSA's right to disallow costs law, by ed recover funds on the basis of a later audit or other review. Unless prohibit this Project FMCSA may offset any Federal assistance funds to be made available under ment may as needed to satisfy any outstanding monetary claims that the Federal Govern assessed be will costs ed disallow have against the Recipient. Exceptions pertaining to ls or other based on their applicability, as set forth in the applicable Federal cost principa written Federal guidance . Section 19. Program Income located at 2 CFR Recipient agrees to comply with the regulations relating to program income, organizations 200 .307 for State, local government, Indian tribunal recipients, and non-profit and their subrecipients .. contractor under a Program income means gross income earned by the recipient, subrecipient , or of the award grant that is directly generated by a grant supported activity or earned as a result e date of the effectiv the between time the is during the award period. "During the grant period" report. l award and the ending date of the award reflected in the final financia from fees for Program income includes, but is not limited to, user charges or user fees, income federallyservices performed, the use or rental of real or personal property acquired under fees and license award, an funded projects, the sale of commodities or items fabricated under Interest royalties on patents and copyrights, and interest on loans made with award funds. se provided in earned on advances of Federal funds is not program income . Except as otherwi program income Federal awarding agency regulations or the terms and conditions of the award, or interest etc., ts, discoun , does not include the receipt of principal on loans, rebates, credits special , earned on any of them. Per 2 CFR 200.307 (c) Governmental revenues. Taxes are not assessments, levies, fines, and other such revenues raised by a non-Federal entity or Federal award Federal the in d identifie ally specific program income unless the revenues are awarding agency regulations as program income . and 2 CFR Recipients agree to use the Program income in accordance with 2 CFR § 200.307 recipients §305 (b)(5) for State, local government, nonprofit organizations and Indian tribunal and subrecipients. Maryland MVA 103137 GULaw Privacy FR 16 Section 20. Reports. a. Performance Progress Reports. The Recipient will submit, at a minimum, quarterly performance progress reports and a final performance progress report at the completion of the award (within 90 days after) to the agency point of contact listed in the award document. Recipient must submit all performance progress report forms required by FMCSA. These reports will cover the period: January I-March 31, April 1-June 30, July I-September 30, and October 1December 31. The Recipient shall furnish one (1) copy of a quarterly performance progress report to the district office and respective Grant Manager, on or before the thirtieth (30th) calendar day of the month following the end of the quarter being reported. Each quarterly report shall set forth concise statements concerning activities relevant to the Project, and shall include, but not be limited to, the following: i. An account of significant progress (findings, events, trends, etc.) made during the reporting period; ii. A description of any technical and/or cost problem(s) encountered or anticipated that will affect completion of the grant within the time and fiscal constraints as set forth in this Agreement, together with recommended solutions or corrective action plans (with dates) to such problems, or identification of specific action that is required by the FMCSA, or a statement that no problems were encountered; iii. An outline of work and activities planned for the next reporting period; and iv. Provide status update/resolution for all outstanding findings from program reviews and/or audits. b. Quarterly Financial Status Reports. The Recipient shall furnish one (1) copy of a quarterly financial status report to the division, and one (1) copy to the respective Grant Manager, on or before the thirtieth (30th) calendar day of the month following the end of the quarter being reported. The Recipient shall use SF 425, Federal Financial Report, to report the status of funds for all non-construction projects or programs. The Recipient shall report outlays (federal and applicable non-federal match/cost sharing and program income, if any, on an accrual basis. However, if the Recipient's accounting records are not normally kept on an accrual basis, the Recipient shall not be required to convert its accounting system, but shall develop such accrual information through an analysis of the documentation on hand. The Recipient shall certify to the expenditure of its proposed cost share for the period being reported, in the "Remarks" block. Maryland MVA 103138 GULaw Privacy FR 17 Section 21. Non-Discrimination. The Recipient will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of The Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Sections 504 and 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §§794, 794(d), which prohibit discrimination on the basis of disabilities; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) the Public Health Service Act of 1912 (42 U.S.C. §290dd-2), relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq. relating to nondiscrimination in the sale, rental or financing of housing; and (i) the requirements of any other nondiscrimination statute(s) which may apply to the application. The Recipient also agrees to comply with the FMCSA Title VI Assurances. Section 22. Executive Order on Equal OpportunityRelated to Contracts. a. The Recipient will comply with all Federal statutes and Executive Orders relating to Equal Employment Opportunity. i. The Recipient agrees to incorporate in all contracts having a value of over $10,000, the provisions requiring compliance with Executive Order 11246, as amended, and implementing regulations of the United States Department of Labor at 41 CFR 60, the provisions of which, other than the standard EEO clause and applicable goals for employment of minorities and women, may be incorporated by reference. ii. The Recipient agrees to ensure that its contractors and subcontractors, regardless of tier, awarding contracts and/or issuing purchase orders for material, supplies, or equipment over $10,000 in value will incorporate the required EEO provisions in such contracts and purchase orders. Section 23. Employment Policies. The Recipient further agrees that its own employment policies and practices will be without discrimination based on race, color, religion, sex, national origin, disability or age; and that it has an affirmative action plan (AAP) consistent with the Uniform Guidelines on Employee Selection Procedures, 29 CFR 1607, and the Affirmative Action Guidelines, 29 CFR 1608. The applicant/recipient shall provide the AAP to FMCSA for inspection or copy upon request. Maryland MVA 103139 GULaw Privacy FR 18 Section 24. Property. a Recipient with DOT funds vests in the In general, title to equipment and supplies acquired by ement requirements of 2 CFR Recipient upon acquisition, subject to the property manag 200.316; and 200.344(4) .. Sections 200 .302(b)(4); 200 .307(d); 200.310; 200.313; ts, institutions of higher education, A Recipient that is a State, local, or Indian tribal governmen ement standards as defined in 2 CFR § and non-profits agrees to comply with the property manag any amendments thereto, and with 200 .33 and detailed in§§ 200 .312 and 200 .313, including ient that is a for-profit entity agrees other applicable Federal regulations and directives. A Recip to FMCSA. to comply with property management standards satisfactory a. Use of Project Property. purpose for which it was The State Recipient agrees to use Project property for the recipients acknowledge State . acquired under the period of performance of the Grant is being satisfied . State that the FMCSA may ensure that the purpose of the grant of the State statute and recipients acknowledge that FMCSA may request a copy with its own State procedures in determining whether a State is in compliance bility, reasonableness, alloca the ining procedures, and to assist the FMCSA in determ and allowability of costs. for appropriate Project purposes The Non-State Recipient agrees to use Project property ate program income, both (which may include joint development purposes that gener date, and used to support ive during and after the award period, beginning on the effect life of that property, as public transportation activities) for the duration of the useful delay or fail to use Project required by FMCSA. Should the Recipient unreasonably ient agrees that it may be property during the useful life of that property, the Recip nce expended on that property. required to return the entire amount of the Federal assista immediately when any The Non-State Recipient further agrees to notify FMC SA any Project property is used in Project property is withdrawn from Project use or when the Recipient has made in its a manner substantially different from the representations ment or Cooperative Agree Application or in the Project Description for the Grant Agreement for the Project. b. Maintenance. in accordance with State law The State Recipient agrees to maintain Project property and procedures. rty in good operating order, in The Non-State Recipient agrees to maintain Project prope ives that may be issued . compliance with any applicable Federal regulations or direct c. Records. in accordance with State law The State Recipient agrees to maintain property records satisfactory property records and procedures. The Non-State Recipient agrees to keep Maryland MVA 103140 GULaw Privacy FR 19 pertaining to the use of Project property, and submit to FMCSA upon request such information as may be required with this agreement. d. Incidental Use. Any incidental use of Project property will not exceed that permitted under applicable Federal laws, regulations, and directives. e. Encumbrance of Project Property. The State Recipient agrees to maintain satisfactory continuing control of Project property in accordance with State law and procedures. The State Recipient understands that an encumbrance of project property may not interfere with the purpose for which the equipment was purchased . The Non-State Recipient agrees to maintain satisfactory continuing control of Project property as follows: i. Written Transactions. The Non-State Recipient agrees that it will not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, subaward, grant anticipation note, alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing Federal interest in that Project property. ii. Oral Transactions . The Non-State Recipient agrees that it will not obligate itself in any manner to any third party with respect to Project property. iii. Other Actions. The Non-State Recipient agrees that it will not take any action adversely affecting the Federal interest in or impair the Recipient's continuing control of the use of Project property . iv. Purpose. The Non-State Recipient agrees that no use under this section will interference with the purpose for which the equipment was purchased. Maryland MVA 103141 GULaw Privacy FR 20 f. Transfer of Project Property. The State Recipient agrees to transfer Project property in accordance with State law and procedures. The Non-State Recipient understands and agrees as follows: i. Non-State Recipient Request . The Non-State Recipient may transfer any Project property financed with Federal assistance authorized under 49 U.S.C. chapter 53 to a public body to be used for any public purpose with no further obligation to the Federal Government, provided the transfer is approved by the FMCSA Administrator and conforms with the requirements of 49 U.S.C. §§ 5334(h)(l) and (2). Any leasing or rental of equipment purchased by federal funds or state match/cost sharing, during the period of performance will considered program income and will be managed, expended, and reported per 2 CFR § 200.307. ii, Federal Government Direction. The Non-State Recipient agrees that the Federal Government may direct the disposition of, and even require the Recipient to transfer, title to any Project property financed with Federal assistance under the Grant Agreement or Cooperative Agreement. iii. Leasing Project Property to Another Party . If the Non-State Recipient leases any Project property to another party, the NonState Recipient agrees to retain ownership of the leased Project property , and assure that the lessee will use the Project property appropriately, either through a written lease between the Non-State Recipient and lessee, or another similar document. Upon request by FMCSA , the Non-State Recipient agrees to provide a copy of any relevant documents. Any leasing or rental of equipment purchased by federal funds or state match/cost sharing, during the period of performance will considered program income and will be managed, expended , and reported per 2 CFR § 200.307. g. Disposition of Project Property. The State Recipient may use its own disposition procedures, provided that those procedures comply with the laws of that State . The Non-State Recipient agrees to dispose of Project property as follows: With prior FMCSA approval, the Non-State Recipient may sell, transfer, or lease Project property and use the proceeds to reduce the gross project cost of other eligible capital public transportation projects to the extent permitted by 49 U.S.C. §5334(h)(4). The Non-State Recipient also agrees that FMCSA may establish the useful life of Maryland MVA 103142 GULaw Privacy FR 21 Project property, and that it will use Project property continuously and appropriately throughout the useful life of that property. i. Project Property with Expired Useful Life. When the useful life of Project property has expired, the Non-State Recipient agrees to comply with FMCSA's disposition requirements. ii. Project Property Prematurely Withdrawn from Use. For Project property withdrawn from appropriate use before its useful life has expired, the Recipient agrees as follows: 1. Notification Requirement. The Non-State Recipient agrees to notify FMCSA immediately when any Project property is prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. 2. Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Non-State Recipient agrees that the Federal Government retains a Federal interest in the fair market value of Project property prematurely withdrawn from appropriate use. The amount of the Federal interest in the Project property shall be determined by the ratio of the Federal assistance awarded for the property to the actual cost of the property. The Non-State Recipient agrees that the fair market value of Project property prematurely withdrawn from use will be calculated as follows: A. Equipment and Supplies. The Non-State Recipient agrees that the fair market value of Project equipment and supplies shall be calculated by straight-line depreciation of that property, based on the useful life of the equipment or supplies as established or approved by FMCSA. Information on straight line depreciation may be found in the Internal Revenue Code. The fair market value of Project equipment and supplies shall be the value immediately before the occurrence prompting the withdrawal of the equipment or supplies from appropriate use. In the case of Project equipment or supplies lost or damaged by fire, casualty, or natural disaster, the fair market value shall be calculated on the basis of the condition of that equipment or supplies immediately before the fire, casualty, or natural disaster, irrespective of the extent of insurance coverage. B. Real Property. The Non-State Recipient agrees that the fair market value of real property shall be determined either by competent appraisal based on an appropriate date approved by the Federal Government, as provided by 49 C.F.R. Part 24, or by straight line depreciation, whichever is greater. 3. Exceptional Circumstances. The Non-State Recipient agrees that the Federal Government may require the use of another method to determine the fair market value of Project property. In unusual circumstances, the Non-State Recipient may request that another reasonable valuation method be used including, but not limited to, accelerated depreciation, comparable sales, or established market Maryland MVA 103143 GULaw Privacy FR 22 a request, the Federal values . In determining whether to approve such sion made, or unfortunate Government may consider any action taken, omis with respect to the preservation occurrence suffered by the Non-State Recipient use. of Project property withdrawn from appropriate ent. h. Financial Obligations to the Federal Governm rnment the Federal interest in the fair The Recipient agrees to remit to the Federal Gove ly withdrawn from appropriate use . In market value of any Project property premature Recipient may fulfil) its obligations to the case of fire, casualty, or natural disaster, the remit the Federal interest by either: ral interest in like-kind property that i. Investing an amount equal to the remaining Fede ded Federal Project that provi is eligible for assistance within the scope of the rawn from use; or withd ly ature assistance for the Project property prem nt equal to the remaining Federal ii. Returning to the Federal Government an amou interest in the withdrawn Project property. i. Insurance Proceeds. a result of damage or destruction to the If the Recipient receives insurance proceeds as Project property, the Recipient agrees to: replacing the damaged or destroyed i. Apply those insurance proceeds to the cost of Project property taken out of service, or equal to the remaining Federal interest ii. Return to the Federal Government an amount in the damaged or destroyed Project property. j. Transportation of Hazardous Materials. requirements of U.S. Pipeline and The Recipient agrees to comply with applicable ations, "Shippers - General Hazardous Materials Safety Administration regul C .F.R. Part 173, in connection with 49 Requirements for Shipments and Packagings," the transportation of any hazardous materials . k. Misused or Damaged Project Property. or misuse occurring with the If any damage to Project property results from abuse re the Project property agrees to resto Recipient's knowledge and consent, the Recipient the Federal interest in that property, as to its original condition or refund the value of the Federal Government may require . Maryland MVA 103144 GULaw Privacy FR 23 I. Responsibilities after Project Closeout. The Recipient agrees that Project closeout by FMCSA will not change the Recipient's Project property management responsibilities as stated in these Grant Provisions and Assurances, and as may be set forth in subsequent Federal laws, regulations, and directives, except to the extent the Federal Government determines otherwise in writing. Section ZS. Davis-Bacon Act Requirements. The Recipient agrees to comply, as applicable, with the provisions of the Davis Bacon Act (40 U .S.C. §3145 and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701 et seq.) regarding labor standards for federally-assisted construction subagreements. Section 26. Environmental Requirements. The Recipient agrees to comply, as applicable, with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) 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.); (f) 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.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). Section 27. Government Rights (Unlimited). FM CSA shall have unlimited rights for the benefit of the Government in all other work developed in the performance of this Agreement, including the right to use same on any other Government work without additional cost to FMCSA. The rights to any inventions made by a recipient under an FMCSA financial assistance award are determined by the Bayh-Dole Act, Pub. L. 96-517, as amended, and codified in 35 U.S.C. § 200, et seq., except as otherwise provided by law. a. Patent Rights. If any invention, improvement, or discovery of the Recipient or any of its third party contractors is conceived or first actually reduced to practice in the course of or under this Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Recipient agrees to notify FMCSA immediately and provide a detailed report. The rights and responsibilities of the recipient , third party contractors and FMCSA with respect to such invention, improvement, or Maryland MVA 103145 GULaw Privacy FR 24 laws, regulations, discovery will be determined in accordance with applicable Federal policies, and any waiver thereof. or discovery of If the Recipient secures a patent with respect to any invention, improvement, actually reduced to the Recipient or any of its third party contractors conceived or first grant to FMCSA a to agrees nt practice in the course of or under this Project, the Recipie ze others to use the authori royalty-free, non- exclusive, and irrevocable license to use and to patented device or process for Federal Government purposes . section of this The Recipient agrees to include the requirements of the "Patent Rights" or demonstration pment, Agreement in its third party contracts for planning, research, develo under the Project. b. Data Rights. whether or not The term "subject data" used in this section means recorded information, under this Agreement. copyrighted, that is developed, delivered, or specified to be delivered drawings or The term includes graphic or pictorial delineations in media such as documents; type designor photographs; text in specifications or related performance y printouts; and memor machine forms such as punched cards, magnetic tape, or computer not limited to: information retained in computer memory. Examples include, but are cations, standards, computer software, engineering drawings and associated lists, specifi , and related cations identifi process sheets, manuals, technical reports, catalog item s, and similar information. The term does not include financial reports, cost analyse ions apply to all information incidental to Project administration . The following restrict subject data first produced in the performance of this Agreement: ce such data i. Except for its own internal use, the Recipient may neither publish or reprodu authorize others to in whole or in part, or in any manner or form, nor may the Recipient CSA may have either do so, without the written consent of FMCSA, until such time as FM . public the released or approved the release of such data to non-exclusive and ii. As authorized by 2 CFR § 200.315(b) , FMCSA reserves a royalty-free, ze others to use, irrevocable license to reproduce, publish or otherwise use, and to authori for Federal Government purposes: reement, 1. Any work developed under a grant, cooperative agreement, sub-grant, sub-ag been obtained; or third party contract, irrespective of whether or not a copyright has and contractor 2. Any rights of copyright to which a Recipient, subrecipient, or a third party purchases ownership with Federal assistance . ng planning, When FMCSA provides assistance to a Recipient for a Project involvi concept, or any ment research, or development of a system, program, document, enforce A's intent to other activity provided for in the terms of this grant, it is generally FMCS Maryland MVA 103146 GULaw Privacy FR 25 increase the body of knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless FMCSA detennines otherwise, the Recipient understands and agrees that, in addition to the rights set forth in preceding portions of this section of this Agreement, FMCSA may make available to any FM CSA Recipient, subrecipient, third party contractor, or third party subcontractor, either FMCSA's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. In the event that such a Project which is the subject of this Agreement is not completed, for any reason whatsoever, all data developed under that Project shall become subject data as defined herein and shall be delivered as FMCSA may direct. Unless prohibited by State law, the Recipient agrees to indemnify, save and hold harmless FMCSA, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. The Recipient shall not be required to indemnify FM CSA for any such liability arising out of the wrongful acts of employees or agents of FMCSA. Nothing contained in this section on rights in data, shall imply a license to FMCSA under any patent or be construed as affecting the scope of any license or other right otherwise granted to FMCSA under any patent. The requirements of this section of this Agreement do not apply to material furnished to the Recipient by FMCSA and incorporated in the work carried out under this Agreement, provided that such incorporated material is identified by the Recipient at the time of delivery of such work. Unless FMCSA determines otherwise, the Recipient agrees to include the requirements of this section of this Agreement in its third party contracts for planning, research, development, or demonstration under the Project. c. Acknowledgment or Support and Disclaimer. i. An acknowledgment of FMCSA support and a disclaimer must appear in any recipient publication, whether copyrighted or not, based on or developed under the Agreement, in the following terms: 1. "This material is based upon work supported by the Federal Motor Carrier Safety Administration under a grant/cooperative agreement/subaward, dated __ ." 2. (fill-in appropriate identification of grant/cooperative agreement); 3. All Recipient publications must also contain the following: Maryland MVA 103147 GULaw Privacy FR 26 A. "Any opinions, findings, and conclusions or recommendations expressed this publication are those of the author(s) and do not necessarily reflect the view of the Federal Motor Carrier Safety Administration and/or the U.S. Department of Transportation." B. The Recipient agrees to cause to be erected at the site of any construction, and maintain during construction, signs satisfactory to FMCSA identifying the Project and indicating that FMCSA is participating in the development of the Project. Section 28. Drug Free Workplace. By signing this agreement, the Recipient certifies that it is in compliance with the Drug-Free Workplace Act (41 U.S.C . Sec . 701 et seq.) and implementing regulations (49 CPR Part 32), which require, in part, that recipients prohibit drug use in the workplace, notify the FMCSA of employee convictions for violations of criminal drug laws occurring in the workplace, and take appropriate personnel action against a convicted employee or require the employee to participate in a drug abuse assistance program. Section 29. Background Screening. FMCSA reserves the right to perform individual background screening on key individuals of organizational units associated with the application at the effective date and at another interval thereafter for the life of the award. If in performance of a grant award requires recipient organization personnel to have unsupervised physical access to a federally controlled facility for more than 180 days or access to a Federal information system, such personnel must undergo the personal identity verification credential process under Homeland Security Presidential Directive 12. Section 30. Site Visits. FMCSA , through its authorized representatives , has the right, at all reasonable times, to make site visits to review Project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by FMCSA on the premises of the Recipient , subrecipient or contractor under this Agreement, the Recipient shall provide and shall require its subrecipients or contractors to provide, all reasonable facilities and assistance for the safety and convenience of FMCSA representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner as will not unduly delay work being conducted by the Recipient, subrecipient or subcontractor . Section 31. Liability. The Recipient acknowledges it is responsible for any act or omission of Recipient or Subrecipient, its officers, contractors, employees, or members, participants, agents, representatives, as appropriate arising out of or in any way connected to activities authorized pursuant to this Agreement. The Recipient acknowledges that FMCSA is not responsible for any act or omission of Recipient or Subrecipient, its officers, contractors, employees, or Maryland MVA 103148 GULaw Privacy FR 27 members, participants, agents, representatives,as appropriate,arising out of or in any way connected to activities authorized pursuant to this Agreement. This provision shall survive the expiration or termination of this Agreement. Section 32. Right of FMCSA to Terminate Agreement. a. General Right to Suspend or Terminate Assistance Agreement. Upon written notice, the Recipient agrees that FMCSA may suspend or terminate all or part of the financial assistance provided herein if the Recipient has violated the terms of the Grant Agreement or these Provisions and Assurances,or if FMCSA detennines that the purposes of the statute under which the Project is authorized would not be adequately served by continuation of Federal financial assistance for the Project. Any failure to make reasonable progress on the Project or other violation of this Agreement that significantly endangers substantial performance of the Project shall provide sufficient grounds for FMCSA to terminate this Agreement. The recipient agrees to give the Federal Motor Carrier Safety Administration at least 90 days' notice of its intention to terminate this agreement. b. Financial Obligations of the Government. In general, termination of any financial assistance under this Agreement will not invalidate obligations properly incurred by the Recipient and concurred by FMCSA before the termination date; to the extent those correctly accruedobligations cannot be cancelled. However, if FMCSA determines that the Recipient has willfully misused Federal assistance funds by failing to make adequate progress, failing to make reasonable use of the Project property, facilities, or equipment, or failing to adhere to the terms of this Agreement, meet required match/cost sharing or MOE levels, FMCSA reserves the right to require the Recipient to refund the entire amount of FMCSA funds provided under this Agreement or any lesser amount as may be determined by FMCSA. c. De-obligation of Funds. FMCSA reserves the right to unilaterally de-obligate any remaining grant or cooperative agreement funds due to the time elapsed since the effective date, lack of payment vouchers from the Recipient, lack of plans to expend funds based on this grant, failure to provide quarterly progress reports, or other such determination made by FMCSA. If FMCSA takes action to deobligate funds, a grant amendment/modificationmust be in place. Section 33. Project Completion, Settlement, and Closeout. a. Project Completion. Within 90 days of the Project completion date or termination by FMCSA, the Recipient agrees to submit a final SF 425, Federal Financial Report, a certification or summary of Project expenses, and third party audit reports, as applicable. Maryland MVA 103149 GULaw Privacy FR 28 b. Remittance of Excess Payments. If FMCSA has made payments to the Recipient in excess of the total amount of FM CSA federal funding due to cover accumulated expenses, the Recipient agrees to promptly remit that excess and interest as may be required by the "Payment by FMCSA" section of this Attachment. c. Project Closeout. Project closeout, as defined in 2 CFR § 200.16, occurs when all required Project work and all administrative procedures described in 2 CFR 200 .343, as applicable, have been completed, and when FMCSA notifies the Recipient and forwards the final Federal assistance payment, or when FMCSA acknowledges the Recipient's remittance of the proper refund. Project closeout shall not invalidate any continuing obligations imposed by allowable, allocable, and reasonable costs on the Recipient by this Agreement that supports the project plan(s) or by the FMCSA's final notification or acknowledgment, if it occurs within the period of performance. Section 34. Severability. If any provision of this Agreement is held invalid, all remaining provisions of this Agreement shall continue in full force and effect to the extent not inconsistent with such holding . Section 35. Entire Agreement and Amendments. This Agreement constitutes the entire agreement between the parties. All prior discussions and understandings concerning such scope and subject matter are superseded by this Agreement. Any modification not specifically permitted by this agreement requires an Amendment. These modifications may be made only in writing, signed by the each party's authorized representative, and specifically referred to as an Amendment to this Agreement. Electronic signatures are binding. However, retroactive modifications to the project plan(s) or any aspects of the budget will not be approved. Section 36. Use of Information Obtained. Information obtained under this agreement may only be used by the recipient in order to accomplish the project plan under this agreement. Any information obtained or exchanged between FMCSA and the grant recipient, in order to carry out each party's responsibility under this agreement and project plan, shall not be released by the recipient to any third party without the written permission of FMCSA. Recipient shall ensure that all of its employees authorized to access FMCSA data and information systems sign and submit information technology user agreements provided by FMCSA. Maryland MVA 103150 GULaw Privacy FR 29 Section 37. Miscellaneous Provisions. a. Prohibition on Human Trafficking. The Recipient agrees to comply, as applicable, with the provisions of Section 7104(g) of the Trafficking Victims Protection Act of 2000, 22 U .S.C. § 7104 as amended. b. Wild and Scenic Rivers Act of 1968. The Recipient agrees to comply, as applicable, with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. c. Fly America Act. The Recipient shall comply with the provisions of the Fly America Act, 49 U.S.C. § 40118. d. Criminal and Prohibited Activities. The Recipient will adhere to the Program Fraud Civil Remedies Act, 31 U.S.C. § 38013812, which provides for the imposition of civil penalties against persons who make false, fictitious, or fraudulent claims to the Federal Government for money. Recipient will also adhere to the False Statements Act, 18 U.S.C. §§ 287 and 1001 which provides that whoever makes or presents any false, fictitious or fraudulent statements, representations, or claims against the United States shall be subject to imprisonment of not more than 5 years and shall be subject to a fine in the amount provided by 18 U.S.C. § 287. Recipient shall also adhere to the False Claims Act, 31 U.S.C. §3729, which provides that suits under this act can be brought by the Government or a person on behalf of the Government, for false claims under the Federal assistance programs. Recipient shall also adhere to the Copeland "AntiKickback" Act, 18 U.S.C. § 874 and 40 U.S.C. § 3145, which prohibits a person or organization engaged in a federally supported project from enticing an employee working on the project from giving up a part of his compensation under an employment contract. Section 38. Laptop Encryption. All laptops used by Recipients, subrecipients, and contractors in carrying out the Recipient's project plan, which contain FMCSA-related data, including sensitive information and Personally Identifiable Information (PII), must be encrypted to the same standards utilized by FMCSA. The FMCSA encryptions standards prescribe whole disk encryption (FOE), which requires software or hardware to encrypt all data on a disk, including the partition tables, whole physical disk, master boot record, and available files. FMCSA requires that each Recipient who utilizes FMCSA sensitive information or PII complete installation of FOE on all laptop computers as soon as practicable, but no later than thirty (30) days from the execution of this agreement and prior to using the laptop to access FMCSA data systems or store FMCSA-related data. Maryland MVA 103151 GULaw Privacy FR 30 Section 39. Adaptability to Climate Changes If the grant is to be used to place equipment or temporary facilities, modify structures, or to alter existing infrastructure, the recipient is required to assess the ability for the equipment, modifications, or alterations to withstand current and future climatic conditions, including potential changes in climatic conditions. The recipient shall use the best-available peerreviewed studies and science to determine the potential climatic conditions the equipment, modifications or alterations may experience over the life-cycle of the equipment, modification or alteration funded by the grant. The recipient can rely on existing Federal Highway Administration suggestions or guidelines for placing infrastructure, or on other federally-issued guidance on assessing potential impacts of climate change. Section 40. Commercial Vehicle Information Systems and Networks (CVISN) provisions. The following provisions apply where applicable. a. Compliance with the National ITS Architecture. The recipient will ensure that CVISN Core and Expanded deployment activities, such as hardware procurement, software and system development, infrastructure modifications, etc., are consistent with the National ITS and CVISN Architectures and available standards and shall promote interoperability and efficiency to the extent practicable and required by law. b. Interoperability. For implementing CVISN Core capabilities, the recipient will complete interoperability tests and ensure architectural conformance throughout the life of the project. Perform pairwise and end-to-end tests to demonstrate conformance with the standards and interoperability, verify that interfaces between selected products/systems meet the applicable standards, verify dataflow and data usage among the products/systems. c. Independent Evaluation. The FM CSA may conduct an independent evaluation of the effectiveness of the project in achieving Federal and State program goals. The independent evaluation will be conducted using existing Federal resources. Participants of projects that are selected for independent evaluations shall cooperate with the independent evaluators and participate in evaluation planning and progress review meetings to ensure a mutually acceptable, successful implementation of the independent evaluation. The FMCSA may contract with one or more independent evaluation contractor(s) to evaluate the projects. d. Dedicated Short Range Communications. If applicable, the State shall also require that its contractors only install Dedicated Short Range Communications (DSRC) equipment that is interoperable and compatible at layers 1 Maryland MVA 103152 GULaw Privacy FR 31 and 2 of the Open Systems Interconnect Reference Model with equipment in operation on the North American Preclearance and Safety System and the Heavy Vehicle Electronic License Plate Inc.'s PrePass™ System deployments as well as the International Border Crossing Operational Tests, based upon on ASTM Draft 6, dated February 23, 1996. Section 41. Federal Funding Accountability and Transparency Act The Federal Funding Accountability and Transparency Act (FFATA) of 2006 (Public Law 109-282) requires for each Federal award of $25,000 or more that 0MB create a searchable, no cost, publicly accessible website(http://usaspending.gov/) that includes basic information about the recipient and the project being funded. The Government Funding Transparency Act of 2008 (Public Law 110-252) amended FFATA, requiring recipients to report certain information about themselves and their first tier subrecipient awards obligated as of October 1, 2010 . Prime grant recipients/awardees of new non Recovery Act federally funded grants and cooperative agreements of $25,000 or more awarded on or after October 1, 2010 are subject to FF AT A reporting, sub-award reporting requirements and executive compensation reporting requirements as outlined in the Office of Management and Budgets guidance issued August 27, 2010. The prime awardee is required to file a FFATA sub-award report by the end of the month following the month in which the prime recipient awards any sub-grant greater than or equal to $25,000 . Section 42. Executive Order 13513 Executive Order 13513 (E.O. 13513) requires each Federal agency to encourage contractors, subcontractors, and grant and cooperative agreement recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government Owned Vehicles, or while driving Personally Owned Vehicles when on official Government business or when performing any work for or on behalf of the Government. To further the requirement of encouraging such policies, the FMCSA encourages recipients to consider new rules and programs , reevaluate existing programs to prohibit text messaging while driving, and conduct education, awareness, and other outreach for employees about the risks associated with texting while driving . These initiatives should encourage voluntary compliance with the recipient agency's text messaging policy while off duty . For the purposes of these Grant Provisions and Assurances and pursuant to E.O. 13513, the following definitions apply: "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device , including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication . "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Maryland MVA 103153 GULaw Privacy FR 32 Section 43. Certification. The Recipient certifies that the statements it made in the grant application are true and correct and Recipient understands that any false statements made as part of these certifications can be prosecuted . Maryland MVA 103154 GULaw Privacy FR