R2024-269 Resolution Authorizing a Consolidated Rail Infrastructure and Safety Improvement Grant Agreement for Construction Engineering Services for the Improvement of Brush College Road over Faries Parkway and the Norfolk Southern Railroad Tracks

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U.S.Department of Transportation f4h), Federal Railroad Administration 20.2 Federal Law and Public Policy Requirements (a) The Recipient will ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to,those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. (b) The failure of this Agreement to expressly identify Federal law applicable to the Recipient or activities under this Agreement does not make that law inapplicable. 20.3 Federal Freedom of Information Act (a) FRA is subject to the Freedom of Information Act(FOIA), 5 U.S.C. § 552. (b) The Recipient acknowledges that the Application and materials submitted to FRA by the Recipient related to this Agreement will become FRA records that may be subject to public release under 5 U.S.C. § 552. If the Recipient submits any materials to FRA related to this Agreement that the Recipient considers to include trade secret or confidential commercial or financial information,the Recipient should note that the submission contains confidential business information, mark each affected page, and highlight or otherwise denote the portions of the submission that contain confidential business information. 20.4 History of Performance Under 2 C.F.R. §200.206, any Federal awarding agency may consider the Recipient's performance under this Agreement,when evaluating the risks of making a future Federal financial assistance award to the Recipient. 20.5 Whistleblower Protection (a) The Recipient acknowledges that it is a "Recipient"within the scope of 41 U.S.C. § 4712, which prohibits the Recipient from taking certain actions against an employee for certain disclosures of information that the employee reasonably believes are evidence of gross mismanagement of this award,gross waste of Federal funds, or a violation of Federal law related this this award. (b) The Recipient will inform its employees in writing of the rights and remedies provided under 41 U.S.C. §4712, in the predominant native language of the workforce. 20.6 External Award Terms and Obligations (a) In addition to this document and the contents described in Article 25 of this Attachment 1,this Agreement includes the following additional terms as integral parts: (1) Appendix A to 2 C.F.R. part 25: System for Award Management and Universal Identifier Requirements; (2) Appendix A to 2 C.F.R. part 170: Reporting Subawards and Executive Compensation; 29