RFQ-ES01-25 GRANT ADDENDUM 2025-2026.pdf

GRANT ADDENDUM

THIS GRANT ADDENDUM (“Addendum”), effective as of the 1st day of October, 2025

(“Effective Date”) amends that certain Agreement for Consultant Services entered into as of the first day of October, 2025 (“Agreement”), by and between the COUNTY OF ORANGE, a municipal corporation, and a County of the State of New York, with its principal offices located at 255-275 Main Street, Goshen, New York (“COUNTY”) and ________________________________, with its principal offices located at

____________________________________ (“CONSULTANT”) as follows:

1. INCORPORATION OF GRANT AGREEMENT TERMS. The Agreement is amended to include the Grant Agreement between the COUNTY and the State of New York (“Grantor”) for the 2025-2026 GOVERNOR’s TRAFFIC SAFETY GRANT PROGRAM (“Grant”), which is attached to this Addendum, marked as Exhibit A, and made a part of this Addendum (“Grant

Agreement”). CONSULTANT, by its duly authorized signatory’s execution of this Addendum, hereby agrees to comply with all terms and conditions set forth on Exhibit A as may be amended from time to time by the Grantor and/or any applicable federal or state statutes, regulations, or agency guidelines.

2. CERTIFICATIONS AND ASSURANCES. CONSULTANT, as a recipient of 2025-2026

GOVERNOR’s TRAFFIC SAFETY GRANT PROGRAM funds from the COUNTY in exchange for the performance of the Services under the Agreement, by its duly authorized signatory’s execution of this Addendum, hereby makes those certifications and assurances set forth on Exhibit

B to this Addendum, which is attached to this Addendum and made a part of the Agreement.

3. CONFLICTS. In the event of any conflict or inconsistency among or between the terms and conditions of the Agreement and the terms and conditions of the Grant Agreement that pertain to the performance of Services by CONSULTANT or the payment for such Services made by the

COUNTY to the CONSULTANT as a subrecipient under the Grant Agreement, the terms and conditions of the Grant Agreement as to such subject matter will prevail.

4. INTEGRATION. Except as modified by this Addendum, the Agreement shall remain unchanged and in full force and effect. The terms used in this Addendum, unless otherwise defined herein, shall have the meanings as set forth in the Agreement. If there shall be any conflict or inconsistency between the terms and conditions of the main body of this Addendum and the Agreement, the terms and conditions of this Addendum shall control.

IN WITNESS WHEREOF, the parties to this Addendum have caused this Addendum to be executed by their duly authorized officers as of the Effective Date.

COUNTY OF ORANGE CONSULTANT

By: ____________________________ By: _________________________________

STEFAN (“STEVEN”) M. NEUHAUS NAME:

COUNTY EXECUTIVE TITLE:

Date: ________________________ Date:_________________________________

EXHIBIT A

2025-2026 GOVERNOR’s TRAFFIC SAFETY PROGRAM

GRANT AGREEMENT

EXHIBIT B

2024-2025 GOVERNOR’S TRAFFIC SAFETY PROGRAM

CERTIFICATIONS AND ASSURANCES

I. NONDISCRIMINATION. CONSULTANT makes the following assurances and attests that the

CONSULTANT will comply with all non-discrimination requirements including applicable Federal statutes and regulations that are in effect during the term of the Agreement, including, but not limited to:

A. COMPLIANCE WITH FEDERAL STATUTES AND REGULATIONS. CONSULTANT will comply with all Federal statutes and implementing regulations relating to nondiscrimination (‘‘Federal

Nondiscrimination Authorities’’). These include but are not limited to:

1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;

2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.

4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

3. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education

Amendments of 1972, as amended (20 U.S.C. 1681–1683 and 1685–1686) (prohibit discrimination on the basis of sex);

4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;

5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); The Civil Rights Restoration Act of 1987, (Pub. L. 100–209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age

Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms ‘‘programs or activities’’ to include all of the programs or activities of the

Federal aid recipients, grantees and contractors, whether such programs or activities are Federally-funded or not);

6. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131–12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;

7. Executive Order 12898, Federal Actions To Address Environmental Justice in Minority

Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and

8. Executive Order 13166, Improving Access to Services for Persons with Limited English

Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087–74100).

B. NO EXCLUSION FROM PARTICIPATION. CONSULTANT will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal

Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted.

C. ACCESS TO RECORDS. CONSULTANT will comply with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination

Authority.

D. ACKNOWLEDGEMENT OF US RIGHT TO JUDICIAL ENFORCEMENT. CONSULTANT

acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance.

E. CONSULTANT AGREEMENTS. During the performance of this Agreement, CONSULTANT agrees:

1. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time, including, but not limited to those set forth in Section I(A) above;

2. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein;

3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA;

4. That, in event CONSULTANT fails to comply with any nondiscrimination provisions in this

Agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to CONSULTANT under this Agreement until the CONSULTANT complies; and/ or cancelling, terminating, or suspending this Agreement, in whole or in part; and

5. To insert this clause, including paragraphs 1 through 5, in every subcontract and sub-agreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under the

Governor’s Traffic Safety Program.

II. CERTIFICATION REGARDING FEDERAL LOBBYING. CONSULTANT, by its duly authorized signatory below, certifies, to the best of his or her knowledge and belief, that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this

Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit

Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions.

C. CONSULTANT shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all grantees shall certify and disclose accordingly.

D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than

$100,000 for each such failure.

III. RESTRICTION ON STATE LOBBYING. None of the funds paid by the COUNTY to

CONSULTANT under this Agreement will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., ‘‘grassroots’’) lobbying activities, with one exception. This does not preclude a grantee official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

IV. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION.

A. By signing this Agreement, CONSULTANT is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1300

B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the CONSULTANT knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

C. CONSULTANT shall provide immediate written notice to COUNTY if at any time the

CONSULTANT learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

E. CONSULTANT agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by

NHTSA.

F. CONSULTANT further agrees that it will include the clause titled ‘‘Instructions for Lower Tier

Certification’’ including the ‘‘Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion—Lower Tier Covered Transaction,’’ without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1300.

G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.

H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate.

J. CONSULTANT certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any

Federal department or agency.

V. BUY AMERICA ACT. CONSULTANT will comply with the Buy America requirement (23 U.S.C.

313) when purchasing items using Federal funds. Buy America requires CONSULTANT, to purchase only steel, iron and manufactured products produced in the United States with Federal funds, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.

VI. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE.

CONSULTANT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.