2015/11/04 Council Agenda Packet

r 15 SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Puget Sound Acquisition and Restoration program. The sponsor agrees to the following terms and conditions: A. Cost Principles/Indirect Costs for State Agencies.Sub-Recipient(sponsor)will comply with the cost principles of 2 C.F.R.Part 200 Subpart E(2013).Unless otherwise indicated,the cost principles apply to the use of funds provided under this Agreement and in-kind matching donations.The applicability of the cost principles depends on the type of organization incurring the costs. B. Sub-recipient(sponsor)shall meet the provisions in Office of Management and Budget(OMB)Guidance,Subpart F,§200.501 (Audit Requirements),if the sponsor expends$750,000 or more in total Federal funds in a fiscal year.The$750,000 threshold for each year is a cumulative total of all federal funding from all sources.The sponsor shall forward a copy of the audit along with the sponsor's response and the final corrective action plan to RCO within ninety(90)days of the date of the audit report.For complete information on how to accomplish the single audit submissions,visit the Federal Audit Clearinghouse Web site:http://harvestercensus.gov/facweb C. Credit and Acknowledgement.In addition to Section 21:Acknowledgement and Signs,materials produced must display both the Environmental Protection Agency(EPA)and Puget Sound Partnership(PSP)logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency.The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency,nor does mention of trade names or commercial products constitute endorsement or recommendation for use."This requirement is for the life of the product,whether during or after the Agreement period of performance. D. Hotel Motel Fire Safety Act.Sponsor agrees to ensure that all conference,meeting,convention,or training space funded in whole or part with federal funds,complies with the federal Hotel and Motel Fire Safety Act(PL 101-391,as amended).Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. E. Drug Free Workplace Certification.Sub-recipient(sponsor)shall make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R.Part 1536 Subpart B.Additionally,in accordance with these regulations,the recipient organization shall identify all known workplaces under its federal awards,and keep this information on file during the performance of the award.Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R.Part 1536 Subpart C.The consequences for violating this condition are detailed under 2 C.F.R.Part 1536 Subpart E. Recipients can access the Code of Federal Regulations(CFR)Title 2 Part 1536 at:http://ecfr.gpoaccess.gov. F. Management Fees.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 the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses,unforeseen liabilities or for other similar costs which are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this agreement,except for the extent authorized as a direct cost of carrying out the scope of work. G. Trafficking in Persons and Trafficking Victim Protection Act of 2000(NPA).This provision applies only to a Sub-recipient (sponsor),and all sub-awardees of sub-recipient(sponsor),if any.Sub-recipient(sponsor)shall include the following 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." Sub-recipient(sponsor),and all sub-awardees of sub-recipient(sponsor)must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate,without penalty,the funding award if this prohibition is violated,Section 106 of the Trafficking Victims Protection Act of 2000,as amended. H. Lobbying.The chief executive officer of this recipient agency(sponsor)shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S.unless authorized under existing law.The recipient(sponsor)shall abide by their respective Cost Principles(OMB Circulars A-21,A-87, and A-122),which generally prohibits the use of federal grant funds for litigation against the U.S.or for lobbying or other political activities. The sponsor agrees to comply with 40 C.F.R.Part 34,New Restrictions on Lobbying.Sponsor shall include the language of this provision in ay.,ard documents for ail sub-ai.vards exceeding$100,000,and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment,any sponsor who makes a prohibited expenditure under 40 C.F.R.Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each expenditure. RCO 14-1274D7 9 Page 18 of 23