2015/11/04 Council Agenda Packet

5 18. Contract Work Hours and Safety Standards Act(40 U.S.C.327-333). Where applicable,all contracts awarded by recipients in excess of$2000 for construction contracts and in excess of$2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 C.F.R.Part 5).Under Section 102 of the Act,each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence.See also Section 27:Provisions for Federal Subawards Only. 19. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental,or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 C.F.R.Part 401,"Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency.See also Section 27:Provisions for Federal Subawards Only. 20. FY12 APPR ACT:Unpaid Federal Tax liabilities and Federal Felony Convictions.This Agreement is subject to the provisions contained in the Department of Interior,Environment,and Related Agencies Appropriations Act,2012,HR 2055,Division E, Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions.Accordingly,by accepting this award the recipient acknowledges that it(1)is not subject to any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,and(2)has not been convicted(or had an officer or agent acting on its behalf convicted)of a felony criminal conviction under and Federal law within 24 months preceding the award,unless EPA has considered suspension or debarment of the corporation,or such officer or agent,based on these tax liabilities or convictions and determined that such action is not necessary to such action is not necessary to protect the Government's interests.If the recipient fails to comply with these provisions,EPA will annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434. B. Programmatic Conditions: 1 Semi-Annual FEATS Performance Reports. The sponsor is required to submit performance reports every six months, unless a different reporting frequency is outlined in the Scope of Work,using the reporting tool supplied by RCO.The sponsor agrees to include brief information on each of the following areas: a. Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; b. The reasons for slippages if the established outputs/outcomes were not met;AND c. Additional pertinent information,including when appropriate,analysis and information of cost overruns or high unit costs. Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 15 days after the end of each reporting period. 2. Final Performance Report.In addition to the periodic performance reports,the sub-recipient will submit a final performance report to RCO within 60 calendar days after the expiration or termination of the award.The report shall be submitted to the RCO Grant Manager and must be provided electronically.The report shall generally contain the same information as in the periodic reports,but should cover the entire project period. 3. Recognition of EPA Funding.Reports,documents,signage,videos,or other media,developed as part of projects funded by this Agreement shall contain the following statement: "THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER ASSISTANCE AGREEMENT TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE.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." 4. Copyrighted Material.EPA has the right to reproduce,publish,use,and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this Agreement as a result of:a)the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or;b)termination or expiration of this agreement. 5. Peer Review.The results of this project may affect management decisions relating to Puget Sound.Prior to finalizing any significant technical products the Principal Investigator(PI)of this project must solicit advice,review and feedback from a technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to releasing any final reports or products resulting from the funded study. RCO 14-1274D Page 23 of 28 84