2012/01/25 Council Agenda Packet

-1 1 Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 9. Reimbursement Limitation If Sub-Recipient expends more than the amount of federal funding in its approved budget in anticipation of receiving additional funds, it does so at its own risk. The Federal Government is not legally obligated to reimburse Sub- Recipient for costs incurred in excess of the approved budget. 10. Trafficking in Persons The following prohibition statement applies to Sub-Recipient, and all sub-awardees of Sub-Recipient. Sub-Recipient must include this statement in all sub-awards made to any private entity under this Agreement. "YOU AS THE SUB-RECIPIENT,YOUR EMPLOYEES,SUB-AWARDEES UNDER THIS AWARD,AND SUB-AWARDEES'EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT;PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT;OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB-AWARDS UNDER THIS AWARD." 11. DUNS and CCR Requirements Unless otherwise exempted from this requirement under 2 CFR 25.110, Sub-Recipient must maintain the currency of its information in the CCR until submission of its final financial report required under this Award or receive the final payment, whichever is later. Sub-Recipient may not make a sub-award to any entity unless the entity has provided its DUNS number to Sub- Recipient. 12. FY2011 ACORN Funding Restriction No funds provided under this Agreement may be used for sub-awards/sub-grants or contracts to the Association of Community Organizations for Reform NOW(ACORN)or any of its subsidiaries. 13. Disadvantaged Business enterprise Requirements, General Compliance Sub-Recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. 14. Sub-Awards If Sub-Recipient makes sub-awards under this Agreement, Sub-Recipient is responsible for selecting its sub- awardees and, if applicable, for conducting sub-award competitions. Sub-Recipient agrees to: 1. Establish all sub-award agreements in writing; 2. Maintain primary responsibility for ensuring successful completion of the approved project(SUB-RECIPIENT CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE). - 3. Ensure that any sub-awards comply with the standards in Section 210(a)-(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the sub-awardee. 4. Ensure that any sub-awards to 501(c)(4) organizations do not involve lobbying activities; 5. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub-award; 6. Obtain ECOLOGY's consent before making a sub-award to a foreign or international organization, or a sub-award to be performed in a foreign country; and 7. Obtain approval from ECOLOGY for any new sub-award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 15. Federal Funding Accountability and Transparency Act(FFATA) Requirements In order to comply with the FFATA, the recipient must complete the FFATA Data Collection Form and return it to Ecology. Ecology will report basic agreement information, including the required DUNS number, for all federally- funded agreements at www.fsrs.gov.This information will be made available to the public at www.usaspendinq.gov. Recipients who do not have a DUNS number can find guidance at www.grants.gov. Please note that Ecology will not pay any invoices until it has received the completed FFATA Data Collection Form. Any recipient that meets each of the criteria below must also report compensation for its five top executives, using Ecology's Federal Funding Accountability and Transparency Act(FFATA) Data Collection Form. • Receives more than $25,000 in federal funds under this award; and • Receives more than 80 percent of its annual gross revenues from federal funds; and • Receives more than $25,000,000 in annual federal funds. PAGE 3 of 4 55