GRANT AGREEMENT CONCERNING TECHNICAL ASSISTANCE GRANT PROGRAMGRANT AGREEMENT DTPH56-09-G-PHPT23
GRANT AGREEMENT
BETWEEN
CITY OF CLEARWATER, FLORIDA
400 N. Myrtle Avenue
Clearwater, Florida, 33755
AND
THE U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
1200 New Jersey Avenue, SE, E22-229
Washington, D.C. 20590-0001
CONCERNING
"Technical Assistance Grants Program"
Agreement No.: DTPH56-09-G-PHPT23
Total Amount of the Grant Agreement: $50,000.00
Government Funds Obligated: $50,000.00
PHMSA Line of Appropriation:
5172A09DA0/2009/50D0204000/PSGRT03030/41050 $50,000.00 PR# 956-09-6051
Authority: This agreement is entered into between the United States of America, represented by the U.S.
Department of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration
(PHMSA), and City of Clearwater, Florida, pursuant to and under the Pipeline Inspection, Protection,
Enforcement, and Safety Act of 2006, Section 5, codified at 49 U.S.C. §60130, Technical Assistance
Grants (TAG) Program.
CITY OF CLEARWATER, FLORIDA
&I 4,-n B, ' 4 -a7
Signature
U-S- DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS
SAFETY ADMINISTRATION (PHMSA)
i4-a 0-1
24C?L
"Signature VFW= or. v+? "-,
William B. Horne, II, City Manager
Name and Title
Date
SEP 108 2009
Date
SEP 2 8 2009
Effective Date
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GRANT AGREEMENT DTPH56-09-G-PHPT23
TABLE OF CONTENTS
Article 1. Award Information .................................................................................................. 3
Section 1.01 Grantee Information ....................................................................................................... 3
Section 1.02 Awarding Agency Information ....................................................................................... 3
Section 1.03 Basic Award Information ............................................................................................... 3
Article II. Background ..........................................................:.................................................................. 3
Section 2.01 Background ........................................................................................:............................ 3
Section 2.02 Statement of Purpose ...................................................................................................... 4
Section 2.03 Specific Objective(s) of the Agreement ......................................................................... 4
Article 111. Expected Program Outputs ...................................................................................................... 4
Article.IV. Deliverables ............................................................................................................................. 4
Article V. Dissemination of Technical Findings ...................................................................................... 4
Article Vl. Delineation of Tasks/Deliverables .......................................................................................... 4
Section 6.01 Incorporation of Grantee Application ............................................................................. 4
Article VII. Agreement Officials ............................................................................................................ 5
Agreement Officer (AO) .......................................................................................................................... 5
Agreement Administrator (AA) ................................................................................................................ 5
Agreement Officer's Technical Representative (AOTR) ......................................................................... 5
Principal Investigator (PI) ........................................................................................................................ 5
Article VIII. Terms and Conditions ......................................................................................................... 5
Article IX. Special Terms and Conditions ................................................................................................. 6
Section 9.01 Modifications .................................................................................................................. 6
Section 9.02 Travel .............................................................................................................................. 6
Article X. Reports ....................................................... :............. .............................. ................................. 6
Section 10.01 Final Report ................................................................................................................ 6
Section 10.02 Federal Financial Report ............................................................................................ 6
Article Xl. Consideration and Payment ..................................................................................................... 6
Section 11.01 Request for Advance/Reimbursement ........................................................................ 6
Section 11.02 Approved Project Proposal/Budget ............................................................................ 6
Section 11.03 Payment of Advance/Reimbursement ........................................................................ 7
Article X1I. Attachments ........................................................................................................................ 7
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GRANT AGREEMENT DTPH56-09-G-PHPT23
Article I. Award Information
Section 1.01 Grantee Information
City of Clearwater, Florida
400 N. Myrtle Avenue
Clearwater, Florida, 33755
DUNS: 078307303
EIN/TIN:59-6000289
Primary Contact: Brian Langille, brian.lan ig llega cearwater ag s.com, (727) 562-4911
Section 1.02 Awarding Agency Information
U.S. Department of Transportation (US DOT)
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Office of Contracts and Procurement (PHA-30)
1200 New Jersey Avenue, SE
Room E22-305
Washington, D.C. 20590
Primary Contact: Maria Munoz, maria.munoz@a dot.gov, (202) 366-5513
Section 1.03 Basic Award Information
Funding Opportunity Title: "Technical Assistance Grants (TAG) to Communities Program"
Funding Opportunity Number: DTPH56-09-SN-0003
CFDA Number: 20.721
Award Type: Grant Agreement
Award Number: DTPH56-09-G-PHPT23
Project Title: Geographic information system (GIS) of distribution system.
Project Period: Six (6) months from the effective date of award.
Grant Amount: $50,000.00
Article H. Background
Section 2.01 Background
Experience shows that informed communities play a vital role in the safety and reliability of pipeline
operations. The Technical Assistance Grants (TAG) program, first authorized in the Pipeline Safety
Improvement Act of 2002 (Pub. L. 107-355, codified at 49 U.S.C. 60130), offers new opportunities to
strengthen the depth and quality of public participation in pipeline safety matters. Section 9 of the
Act, titled: "Pipeline Safety Information Grants to Communities" authorized the Secretary of
Transportation to make grants to local communities and organizations for technical assistance relating
to pipeline safety issues. The TAG program was then amended by Section 5 of the Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006. However, FY 2009 is the first year in
which PHMSA has received appropriations to fund the grant program.
These grants will provide funding to communities and groups of individuals for technical assistance
in the form of engineering or other scientific analysis of pipeline safety issues and to help promote
public participation in official proceedings. For purposes of grants eligibility, communities are
defined as cities, towns, villages, counties, parishes, townships, and similar governmental
subdivisions, or consortiums of such subdivisions. A nongovernmental group of individuals is
eligible for a grant under the TAG program if its members are affected or potentially affected
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GRANT AGREEMENT DTPH56-09-G-PHPT23
individuals who are, or are willing to become, incorporated as a non-profit organization in the state
where they are located.
Section 2.02 Statement of Purpose
The U.S. Department of Transportation (DOT), through the Pipeline and Hazardous Materials Safety
Administration (PHMSA), award grants to obtain funding for technical assistance in the form of
engineering or other scientific analysis of pipeline safety issues affecting the local community.
Section 2.03 Specific Objective(s) of the Agreement
Create a geographic information system (GIS) of distribution system.
Article III. Expected Program Outputs
Under the terms of this agreement, the Grantee must demonstrate completion of the work through the
actions it has specified in its Application.
¦ Create a geographic information system (GIS) of distribution system.
Article IV. Deliverables
The City of Clearwater, Florida must submit the following reports:
¦ Final Report; and
¦ Federal Financial Report.
Additional information about the reporting requirements is in Article X, Reports.
Article V. Dissemination of Technical Findings
The Grantee must make available any technical findings to the relevant operators in the Grantee's area
and have open communication with local operators, local communities and other interested parties.
Article VI. Delineation of Tasks/Deliverables
Section 6.01 Incorporation of Grantee Application
The Grantee's application and Project Plan dated May 29, 2009 is incorporated by reference into this
Agreement.
The Grantee is responsible for accomplishing the objectives, tasks and deliverables of this Grant
Agreement, and performing the tasks and the deliverables outlined in the Grantee's Project Plan.
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GRANT AGREEMENT DTPH56-09-G-PHPT23
Article VII. Agreement Officials
Refer to the Award Terms and Conditions (Attachment 1), Section 1, for a detailed description of each
official's responsibilities below.
Agreement Officer (AO)
Mr. Warren D. Osterberg
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
Office of Contracts and Procurement, PHA-30
1200 New Jersey Avenue, SE, E22-103
Washington, D.C. 20590
Telephone: (202) 366-6942
Fax: (202) 366-7974 E-mail: Warren.Osterber .dot. ov
Agreement Administrator (AA)
Ms. Maria Munoz
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
Office of Contracts and Procurement, PHA-30
1200 New Jersey Avenue, SE, E22-305
Washington, D.C. 20590
Telephone: (202) 366-5513
Fax: (202) 366-7974 E-mail: maria.munoz@a doot.gov
Agreement Officer's Technical Representative (AOTR)
Mr. Sam Hall
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
Office of Pipeline Safety, PHP-20
2180 Adventure Lane
Maidens, VA 23102
Telephone: (804) 556-4678
Fax: (804) 556-3183 E-mail: Sam.Hall@dot.gov
Principal Investigator (PI)
Mr. Brian Langille
City of Clearwater, Florida
400 N. Myrtle Avenue
Clearwater, Florida, 33755
Telephone: (727) 562-4911
Fax: (727) 562-4903 E-mail: brian.lait ille cearwater as.com
Article VIII. Terms and Conditions
The Grantee must comply with and spend funds consistent with all the terns and conditions of this award,
including the Award Terms and Conditions in Attachment 1 and any other terms and conditions spelled
out in this document. Attachment 1, Award Terms and Conditions is incorporated into this Agreement.
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GRANT AGREEMENT DTPH56-09-G-PHPT23
Article IX. Special Terms and Conditions
Section 9.01 Modifications
Modifications to this Grant Agreement may be made only in writing, signed by both the Grantee and
the Agreement Officer, and specifically referred to as a modification to this Grant Agreement.
Section 9.02 Travel
Any travel necessary to carry out the objectives of this agreement-must use the most economical form
of transportation available. All travel is to be scheduled sufficiently in advance, to the extent
practicable, to take advantage of offered discount rates. Travel and Per Diem authorized under this
agreement must be incurred in accordance with the Government Travel Regulations currently in
effect. Current per diem rates are listed at: http://www.psa.p-ov/12erdiem.
Article X. Reports
Section 10.01 Final Report
At the end of the grant period, the Grantee must deliver a letter-type final report to the AOTR and the
AA that describes the results of all activities undertaken as a result of this grant. The report to
PHMSA must demonstrate completion of the work as outlined in the grant agreement.
This report must be submitted to the AOTR and the AA in electronic form via e-mail no later than 90
calendar days after the end of the period of performance.
Section 10.02 Federal Financial Report
At the end of the grant period, the Grantee must submit a Federal Financial Report, Standard Form
425 (SF-425), to report the status of all funds. In addition to the SF-425, the Grantee should provide
the break down of costs for each object class category (Personnel, Fringe Benefits, Travel,
Equipment, Supplies, Contractual, Other, and Indirect Charges).
This report must be submitted to the AA in electronic form via e-mail no later than 90 calendar days
after the end of the period of performance.
Article XI. Consideration and Payment
Section 11.01 Request for Advance/Reimbursement
Subject to the requirements in 49 CFR 18.21 being met (refer to Award Terms and Conditions,
Section 14, "Payments") payments will be made after receipt of "Request for Advance or
Reimbursement," SF-270. Each request must be submitted in an original to the AA, one copy to the
AOTR and one copy to the Payment Office listed below:
U.S. Department of Transportation
Federal Aviation Administration, MMAC
Financial Operations, AMZ-160
P.O. Box 269039
Oklahoma City, OK 73126-9039
Attn: Ms. Margaret Gorman
(405) 954-7468
Section 11.02 Approved Project Proposal/Budget
The Grantee's application dated, May 29, 2009 and subsequent response providing additional
information dated, July 22, 2009 are incorporated by reference into this Agreement.
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GRANT AGREEMENT DTPH56-09-G-PHPT23
Section 11.03 Payment of Advance/Reimbursement
All Grantees must be registered in the Central Contractor Registration (CCR) to receive payments on
their invoices. For information on how to register, visit www.ccr.gov.
See Attachment 1 "Award Terms and Conditions" for additional payment requirements.
Article XII. Attachments
Attachment 1 - DTPH56-09-G-PHPT22 - Award Terms and Conditions
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DTPH56-09-G-PHPT23
ATTACHMENT ]
Department of Transportation
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Financial Assistance Awards to State and Local Governments
Award Terms and Conditions
Table of Contents
1. Definitions ......................................................................................................................... .... 2
2. Recipient Responsibilities .................................................................................................. .... 2
3. Compliance with Award Terms and Conditions ................................................................. .... 2
4. Order of Precedence ........................................................................................................... .... 2
5. Uniform Administrative Requirements .............................................................................. .... 3
6. Federal Cost Principles ....................................................................................................... .... 3
7. Audit Requirements ............................................................................................................ .... 3
8. Restrictions on Lobbying .................................................................................................... .... 3
9. Nondiscrimination .............................................................................................................. .... 4
10. Governmentwide Debarment and Suspension (Non-procurement) .................................... .... 4
11. Drug-Free Workplace ......................................................................................................... .... 4
12. DOT Order 4600.17A, "Financial Assistance Management Requirements" ...................... .... 4
13. Treasury Circular No. 1075 ............................................................................................... .... 4
14. Payments ............................................................................................................................. ....5
15. Adherence to Original Project Objectives and Budget Estimates ....................................... .... 7
16. Prior Approvals ................................................................................................................... .... 7
17. Contracting with Small and Minority Firms ....................................................................... .... 7
18. Seat Belt Use Policies and Programs .................................................................................. .... 8
19. Rights in Technical Data .................................................................................................... .... 8
20. Notice of News Releases, Public Announcements, and Presentations ............................... .... 8
21. Violation of Award Terms .................................................................................................. .... 8
22. Fraud, Waste, or Abuse ...................................................................................................... .... 8
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1. Definitions
a) Recipient - An organization receiving financial assistance directly from Federal
awarding agencies to carry out a project or program.
b) Agreement Officer (AO) - The AO has full authority to negotiate, administer, and
execute all business matters of the award. Further, should any changes to the scope,
budget, schedule, or any other terms of the agreement become necessary, only the
AO has the authority to amend the award.
c)- Agreement Administrator (AA) - The AA is responsible for the daily
administration of the award. The AA is NOT AUTHORIZED to change the scope,
budget, specifications, and terms and conditions as stated in the award, to make any
commitments that otherwise obligates the Government or authorize changes which
affect the award budget, delivery schedule, period of performance, or other terms and
conditions.
d) Agreement Officer's Technical Representative (AOTR) -- The AOTR assists in
monitoring the work under the award. The AOTR will oversee the technical
administration of the award and will act as a technical liaison with the performing
organization. The AOTR is NOT AUTHORIZED to change the scope, budget,
specifications, and terms and conditions as stated in the award, to make any
commitments that otherwise obligate the Government or authorize changes which
affect the award budget, delivery schedule, period of performance, or other terms and
conditions.
e) Principal Investigator (PI) - The PI is the individual designated by the Recipient
and approved by PHMSA who is responsible for the technical direction of the
project. The PI cannot be changed or become someone substantially less involved
than was indicated in the Recipient's proposal, without prior written approval of the
Agreement Officer.
2. Recipient Responsibilities
In accepting a PHMSA financial assistance award (grant or cooperative agreement), the
Recipient assumes legal, financial, administrative, and programmatic responsibility for
administering the award in accordance with the laws, rules, regulations, and Executive
Orders governing grants and cooperative agreements, and these Award Terms and
Conditions, including responsibility for complying with any provisions included in the
award.
Failure to comply with these requirements may result in suspension or termination of the
award and PHMSA recovery of funds.
3. Compliance with Award Terms and Conditions
Submission of a signed Request for Advance or Reimbursement (payment request) form
constitutes the Recipient's agreement to comply with and spend funds consistent with all the
terms and conditions of this award.
4. Order of Precedence
Any inconsistency or conflict in the terms and conditions specified in this Grant will be
resolved according to the following order of precedence:
a) The Federal statute authorizing this award or any other Federal statutes, laws,
regulations or directives directly affecting performance of this Grant.
b) Terms and Conditions of this Grant.
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ATTACHMENT 1
NOTE: OMB Circulars are available at: www.whitehouse.gov/omb/?Circulars.
5- Uniform Administrative Requirements
49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments" establishes administrative standards to ensure consistency
among recipients of Federal awards. These include financial and program management,
property and procurement standards, cost-sharing or matching, and reporting and record
retention.
OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments", as adopted by DOT in 49 CFR 18, is incorporated by reference into this
award.
49 CFR 18 is available at: httD://www.dot..gov/os m60/grantL49cfri 8.htm.
6. Federal Cost Principles
Allowable costs will be determined in accordance with the applicable Federal cost principles
and terms and conditions of the award.
State and Local Governments are subject to the provisions of OMB Circular A-87, "Cost
Principles for State, Local, and Indian Tribal Governments," codified in 2 CFR 225.
OMB Circular A-87, codified in 2 CFR 225, is incorporated by reference into this award.
2 CFR 225 is available at: http:Hv^vw.whitehouse.p-ov/omb/fedreg/2005/083105 a87pdf.
7. Audit Requirements
OMB Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations,"
includes specific guidance for conducting financial and compliance audits. The threshold for
requiring an A-133 audit is $500,000 in yearly expenditures of Federal funds. This amount
is the aggregate of funds from all Federal sources.
OMB Circular A-133 is incorporated by reference into this award.
8. Restrictions on Lobbying
Pursuant to 49 U.S.C. § 60140(b) a Recipient may not use funds for lobbying or in direct
support of litigation.
The Recipient may not conduct political lobbying, as defined in the statutes, regulations, and
2 CFR 225- "Lobbying", within the Federally-supported project. The Recipient may not use
Federal funds for lobbying specifically to obtain grants and cooperative agreements. The
Recipient must comply with 49 CFR 20, U.S. Department of Transportation "New
Restrictions on Lobbying"
49 CFR 20 is incorporated by reference into this award.
49 CFR 20 is available at: http://www.dot.gov/ost/m60/ar mt/regs.htm.
US DOT PHMSA
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9. Nondiscrimination
The Recipient must comply with Title VI of the Civil Right Act of 1964, which prohibits
discrimination on the basis of race, color, and national origin in programs and activities
receiving federal financial assistance. The Recipient must comply with 49 CFR 21,
"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964"
49 CFR 21 is incorporated by reference into this award.
49 CFR 21 is available at: http://www.dot.gov/ost/m60/izr ant/recs.htm
10. Governmentwide Debarment and Suspension (Non-procurement)
The Recipient must comply with the provisions of EO 12549, "Debarment and Suspension,"
which generally prohibits entities that have been debarred, suspended, or voluntarily
excluded from participating in Federal non-procurement transactions either through primary
or lower-tier covered transactions. The Recipient must comply with 2 CFR Part 1200,
"Department of Transportation Nonprocurement Suspension and Debarment."
Recipients are encouraged to subscribe to and utilize the Monthly Lists of Parties Excluded
from Federal Procurement or Nonprocurement Programs published by GSA and found at:
www.e Is. ov.
2 CFR Part 1200 is incorporated by reference into this award.
2 CFR Part 1200 is available at www. oaccess by clicking on 2 CFR Part 1200.
11. Drug-Free Workplace
The Recipient must comply with the provisions of Public Law 100-690, Title V, Subtitle D,
"Drug-Free Workplace Act of 1988," which require the Recipient to take steps to provide a
drug-free workplace. The Recipient must comply with 49 CFR 32, "Governmentwide
Requirements for Drug Free Workplace (Financial Assistance)."
49 CFR 32 is incorporated by reference into this award.
49 CFR 32 is available at: http://www.dot.gov/ost/m60/grant/regs.htm.
12. DOT Order 4600.17A, "Financial Assistance Management Requirements"
DOT Order 4600.17A is incorporated by reference into this award.
DOT Order 4600.17A is available at: http://www.dot.pl
0/ ant/ord4600.ht1n.
13. Treasury Circular No. 1075, "Regulations Governing Withdrawal of Cash From the
Treasury for Advances Under Federal Grant and Other Programs (31 CFR 205)"
Treasury Circular No. 1075 is incorporated by reference into this award. This Circular can
be found in Appendix 1 of Volume 1, Part 6, Chapter 2000 of the Treasury Financial Manual
at: http://fms.treas.gov/tfin/voll/vip6c2OO.txt.
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14. Payments
Payment to a Recipient will be made in advance, provided the Recipient maintains or
demonstrates the willingness to maintain the following in accordance with 49 CFR 18: (1)
written procedures that minimize the time elapsing between the transfer of funds and
disbursement by the Recipient, and (2) financial management systems that meet the
standards for fund control and accountability. If these items are not met, payment will be
made by reimbursement.
Subject to the requirements in 49 CFR Part 18 being met, a payment for 100% of the award
amount will be made shortly after the effective date of award, subsequent to receipt of the
completed Standard Form SF-270 .
To receive payment a Recipient must submit a "Request for Advance or Reimbursement,"
Standard Form SF-270.
The completed SF 270 must be submitted in an original to the AA, one copy to the AOTR
and one copy to the Payment Office listed below:
U.S. Department of Transportation
Federal Aviation Administration, MMAC
Financial Operations, AMZ-160
P.O. Box 269039
Oklahoma City, OK 73126-9039
Attn: Ms. Margaret Gorman
(405) 954-7468
a) Method of payment.
i) The Government will make all payments under this agreement by electronic
funds transfer (EFT), except as provided by paragraph (a)(ii) of this clause.
As used in this clause, the term "EFT" refers to the funds transfer and may
also include the payment information transfer.
ii) If the Government is unable to release one or more payments by EFT, the
Recipient agrees either to -
(a) Accept payment by check or some other mutually agreeable method
of payment; or
(b) Request the Government to extend the payment due date until such
time as the Government can make payment by EFT (but see
paragraph d. of this clause).
b) Recipient's EFT information. The Government will make payment to the Recipient
using the EFT information contained in the Central Contractor Registration (CCR)
database. If the EFT information changes, the Recipient is responsible for providing
the updated information to the CCR database.
c) Mechanisms for EFT payment. The Government may make payment by EFT
through either the Automated Clearing House (ACH) network, subject to the rules of
the National Automated Clearing House Association, or the Fedwire Transfer
System. The rules governing Federal payments through the ACH are contained in 31
CFR Part 210.
d) Suspension of payment. If the Recipient's EFT information in the CCR database is
incorrect, the Government is not obligated to make payment to the Recipient under
this agreement until the correct EFT information is entered into the CCR database.
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An invoice or agreement-financing request is not a proper invoice for the purpose of
prompt payment under this agreement.
e) Recipient EFT arrangements. If the Recipient has identified multiple payment
receiving points (i.e., more than one remittance address and/or EFT information set)
in the CCR database, and the Recipient has not notified the Government of the
payment receiving point applicable to this agreement, the Government will make
payment to the first payment receiving point (EFT information set or remittance
address as applicable) listed in the CCR database.
17 Liability for uncompleted or erroneous transfers.
i) If an uncompleted or erroneous transfer occurs because the Government used
the Recipient's EFT information incorrectly, the Government remains
responsible for -
(a) Making a correct payment;
(b) Paying any prompt payment penalty due; and
(c) Recovering any erroneously directed funds.
ii) If an uncompleted or erroneous transfer occurs because the Recipient's EFT
information was incorrect, or was revised within 30 days of Government
release of the EFT payment transaction instruction to the Federal Reserve
System, and -
(a) If the funds are no longer under the control of the payment office, the
Government is deemed to have made payment and the Recipient is
responsible for recovery of any erroneously directed funds; or
(b) If the funds remain under the control of the payment office, the
Government will not make payment, and the provisions of paragraph
d. of this clause apply.
g) EFT and prompt payment. A payment will have been made in a timely manner in
accordance with the prompt payment terms of this agreement if, in the EFT payment
transaction instruction released to the Federal Reserve System, the date specified for
settlement of the payment is on or before the prompt payment due date, provided the
specified payment date is a valid date under the rules of the Federal Reserve System.
h) EFT and assignment of claims. If the Recipient assigns the proceeds of this
agreement, the Recipient must require, as a condition of any such assignment, that
the assignee register in the CCR database and be paid by EFT in accordance with the
terms of this clause. In all respects, the requirements of this clause will apply to the
assignee as if it were the Recipient. EFT information that shows the ultimate
recipient of the transfer to be other than the Recipient, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT information
within the meaning of paragraph d. of this clause.
i) Liability for.change of EFT information by financial agent. The Government is not
liable for errors resulting from changes to EFT information made by the Recipient's
financial agent.
j) Payment information.' The payment or disbursing office will forward to the Recipient
available payment information that is suitable for transmission as of the date of
release of the EFT instruction to the Federal Reserve System. The Government may
request the Recipient to designate a desired format and method(s) for delivery of
payment information from a list of formats and methods the payment office is
capable of executing. However, the Government does not guarantee that any
particular format or method of delivery is available at any particular payment office
and retains the latitude to use the format and delivery method most convenient to the
Government. If the Government makes payment by check in accordance with
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v) Using the services and assistance of the Small Business Administration and
the Office of the Small and Disadvantaged Business Utilization of the
Department of Transportation, as appropriate.
18. Seat Belt Use Policies and Programs
In accordance with Executive Order 13043, the Recipient is encouraged to adopt on-the-job
seat belt use policies and programs for its employees when operating company-owned,
rented, or personally-owned vehicles. The National Highway Traffic Safety Administration
(NHTSA) is responsible for providing leadership and guidance in support of this presidential
initiative. For information on how to implement such a program or for statistics on the
potential benefits and cost-savings to your company or organization, please visit the Buckle
Up America section on NHTSA's website at www.nhtsa.dot.gov. Additional resources are
available from the Network of Employers for Traffic Safety (NETS), a public-private
partnership headquartered in Washington, D.C. dedicated to improving the traffic safety
practices of employers and employees. NETS is prepared to help with technical assistance, a
simple, user-friendly program kit, and an award for achieving the President's goal of 85
percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at
www.traffiesafety.org.
19. Rights in Technical Data
Rights to intangible property under this agreement are governed in accordance with 49 CFR
18, Sec. 18.34, "Copyrights."
20. Notice of News Releases, Public Announcements, and Presentations
The Recipient must provide two (2) copies of all press releases, formal announcements, or
other planed written issuance containing news or information concerning this Grant
Agreement. The Recipient must provide such documents to the AO and AOTR for approval
prior to release. Also, any planned presentations/briefings related to this Grant Agreement,
as well as the actual presentation (e.g. slides/vu-graphs) to be used, must be approved in
advance by the AO.
21. Violation of Award Terms
If the Recipient has materially failed to comply with any term of the award, the Agreement
Officer may suspend, terminate, or take other remedies as may be legally available and
appropriate in the circumstances.
22. Fraud, Waste, or Abuse
The DOT Inspector General maintains a toll-free hotline for receiving information
concerning fraud, waste, or abuse under grants and cooperative agreements. Such reports
are kept confidential and callers may decline to give their names if they choose to remain
anonymous. The number is: (800) 424-9071.
The mailing address is:
DOT Inspector General Hotline
P.O. Box 708
Fredericksburg, VA 22404
Phone: 1.800.424.9071
Fax: 540.373.2090
Email: hotlinenn.oie.dot.gov
Web: http://www.oig.dot.gov/Hotline
US DOT PHMSA Page 8 of 8
Financial Assistance Awards to State and Local Governments - Award Terms and Conditions