2015/11/04 Council Agenda Packet

15 b. State Agencies and Political Subdivisions.In accordance with Section 6002 of the Resource Conservation and Recovery Act(RCRA)(42 U.S.C.6962)any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth.Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds$10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was$10,000 or more.RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA.These guidelines are listed in 40 C.F.R.247. c. State and Local Institutions of Higher Education and Non-Profit Organizations. In accordance with 40 C.F.R.§30.16, State and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. d. State Tribal and Local Government Recipients.In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423,Strengthening Federal Environmental,Energy and Transportation Management(January 24, 2007),the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms,which are printed on recycled paper and are available through the General Services Administration. 5. Lobbying.The sponsor agrees to comply with Title 40 C.F.R.Part 34,New Restrictions on Lobbying.The sponsor shall include the language of this provision in award documents for all sub-awards exceeding$100,000,and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment,any recipient who makes a prohibited expenditure under Title 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.See also Section 11:Compliance with Applicable Federal Laws. a. Part 30 Recipients.All contracts awarded by the sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act,the sponsor affirms that it is not a non-profit organization described in Section 501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in Section 501(c)(4)of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. b. Lobbying and Litigation. The sponsor's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The sponsor shall abide by its respective Appendix in 2 C.F.R.Part 200,which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 6. Suspension and Debarment.The sponsor shall fully comply with Subpart C of 2 C.F.R.Part 180 and 2 C.F.R.Part 1532, entitled'Responsibilities of Participants Regarding Transaction(Doing Business with Other Persons)'.The sponsor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R.Part 180 and 2 C.F.R. Part 1532,entitled`Covered Transactions',includes a term or condition requiring compliance with Subpart C.The sponsor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions.The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R.§180.335 may result in the delay or negation of this assistance agreement,or pursuance of legal remedies,including suspension and debarment. The sponsor may access the Excluded Parties List System at:http://www.epls.gov.This term and condition supersedes EPA Form 5700-49,'Certification Regarding Debarment,Suspension,and Other Responsibility Matters'.See also Section 27: Provisions for Federal Subawards Only. 7. Drug-Free Workplace Certification.The sponsor must 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 sponsor must identify all known workplaces under its federal award;and keep this information on file during the performance of the award. a. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R.Part 1536 Subpart C. b. The consequences for violating this condition are detailed under 2 C.F.R.Part 1536 Subpart E.The sponsor can access 2 C.F.R Part 1536 at http://ecfr.gpoaccess.gov. 8. 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 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. g. Reimbursement Limitation.If the sponsor expends more than the grant amount in this Agreement in its approved budget in anticipation of receiving additional funds,it does so at its own risk.The Federal Government and RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the approved budget.See also Section 11:Project Reimbursements. RCO 14-1274D Page 21 of 28 82