Loading...
5.g Agreement with the National Park Service for the Log House Landing ramp projectSCA►NDIA. Staff Report Date of Meeting: October 18, 2016 To: City Council From: Neil Soltis, Administrator Re: Cooperative agreement with National Park Service for Log House Landing boat ramp Background: The National Park Service (NPS) has agreed to provide $15,000 in funding for the cost of erosion control materials and supplies to be used in the Log House Landing ramp project. In order to obligate the funds for the project the City will need to enter into a cooperative agreement with the Park Service. The City is currently working with the Watershed District on revising the scope of the work to be performed, however, the change in scope is not anticipated to significantly change the erosion control needs for the project. Issue: Should the City enter into an agreement with the National Park Service for funding a portion of the cost of materials for the project. Proposal Details: Under the terms of the proposed agreement the NPS will provide input on the design and erosion control methods, will provide $15,000 for the purchase of supplies and materials for erosion control and will develop and provide signage related to the project with input from the City. The City, in turn, agrees to carry out the work, administer the contract, provide $20,000 toward construction costs, obtain all necessary permits and approvals, install the signage, and maintain the landing indefinitely. Fiscal Impact: The funds from the National Park Service would be used along with the $20,000 budgeted by the City and the $20,000 that would be provided pursuant to the agreement with the Watershed District. Options: 1. Approve the agreement 2. Suggest modification to the agreement 3. Take no action on the agreement Recommendation: Option 1— approve the agreement. Cooperative Agreement PI6AC01084 September 12, 2016 Page 1 of 30 Cooperative Agreement P16AC01084 Between THE UNITED STATES DEPARTMENT OF INTERIOR NATIONAL PARK SERVICE AND CI`1lY OF SCANDIA. MINNESOTA DUNS No: 090757055 EIN No: 41-0904438 14727 209th St. N. Scandia, Minnesota 55073 Washington CFDA: 15.954 Proicct Title: Stabilize and Improve Log House Landing on the St. Croix River Account: WBS PR.RMDT10709.00.1 Amount of Federal Funds Obli a� ted: $15,000 Total Amount of Award: $65,000 Period of Performance: December 31, 2016 to January 31, 2018 Acceptance: Acceptance of a Federal Financial Assistance award from The Department of the Interior carries with it the responsibility to be aware of and to comply with the terms and conditions of award as referenced in this agreement, applicable Assurances (SF424B/D) and in accordance with applicable Financial Assistance regulations including Code. or 1`edcral Rcgulatiotis ? CF1Z 200 Electronic Version. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date therein written FOR CITY OF SCANDIA Neil Soltis City Administrator FOR THE NATIONAL PARK SERVICE Julie Hendricks Awarding Officer Date Date Cooperative Agreement P 16AC01084 September 12, 2016 Page 2 of 30 ARTICLE I — BACKGROUND AND OBJECTIVES This Cooperative Agreement (Agreement) is entered into by the U.S. Department of the Interior, National Park Service (NPS), and the City of Scandia (Recipient). The objective of this Agreement is to partner with the City of Scandia to correct erosion problems and improve a landing they own along the St. Croix National Scenic Riverway. The project advances a public purpose by engaging partners and communities in a shared environmental stewardship. The NPS is substantially involved by providing input on erosion control methods, providing funding for erosion control supplies and materials, and providing the interpretive and informational signage for the landing consistent with other landings along the Riverway. ARTICLE II - AUTHORITY NPS enters into this Agreement pursuant to: Section I I(b)(1); 16 U.S.C. § 1282 (b) (1) authorizes the Secretary to "assist, advise and to cooperate with" States or their political subdivisions, landowners, private organizations, or individuals to plan, protect, and manage river resources through written agreements or otherwise, including limited financial assistance. ARTICLE III — STATEMENT OF WORK A. The Recipient agrees to: 1. Enter into a contract to carry out the work 2. Administer the contract 3. Provide $20,000 towards construction costs 4. Obtain all necessary permits and approvals 5. Install signage provided by the NPS 6. Maintain the landing indefinitely B. NPS agrees to: 1. Review and provide input on conceptual design and erosion control methods. 2. Provide $15,000 for purchase of supplies and materials for erosion control 3. Develop and provide signage with input from the Recipient ARTICLE IV — TERM OF AGREEMENT The Agreement will become effective upon the date of the last signature in Article XIII (Effective Date) through January 31, 2018 (Expiration Date), unless terminated earlier per Article XI. The period from the Effective Date to the Expiration Date is the period of performance for the Agreement (Agreement Term). Cooperative Agreement P 16AC01084 September 12, 2016 Page 3 of 30 ARTICLE V — KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: 1. For the NPS: Awarding Officer (AO): Julie Hendricks Grants and Agreements Officer National Park Service MWRO 601 Riverfront Drive Omaha, NE 68102 Email: julie_hendricks@nps.gov Phone: 402-661-1662 Fax: 402-661-1663 Agreement Technical Representative (ATR): Jill Medland Chief, Resource Management National Park Service, Saint Croix National Scenic Riverway 401 Hamilton Street St. Croix Falls, WI 54024 Email: jill_medland@nps.gov Phone: (715) 483-2284 Fax: (715) 483-3288 2. For the Recipient: Neil Soltis City Administrator City of Scandia, Minnesota 14727 209th St. N. Scandia, MN 55073 Email: n.soltis@ci.scandia.mn.us Phone: 651-433-2274 X 102 Fax: 651-433-5112 B. Communications. Recipient shall address any communication regarding this Agreement to the ATR with a copy to the AO. Communications that relate solely to technical matters may be sent only to the ATR. C. Changes in Key Officials. Neither the NPS nor Recipient may make any permanent change in a key official without written notice to the other party Cooperative Agreement PI6AC01084 September 12, 2016 Page 4 of 30 reasonably in advance of the proposed change. The notice will include a justification with sufficient detail to permit evaluation of the impact of such a change on the scope of work specified within this Agreement. Any permanent change in key officials will be made only by modification to this Agreement. ARTICLE VI — AWARD AND PAYMENT A. NPS will provide funding to the Recipient in an amount not to exceed $15,000 for the Statement of Work described in Article III and in accordance with the NPS approved budget in Attachment B. Any award beyond the current fiscal year is subject to availability of funds. B. Recipient shall request payment in accordance with the following: 1. Method of Payment. Payment will be made by advance and/or reimbursement through the Department of Treasury's Automated Standard Application for Payments (ASAP) system. 2. Requesting Advances. Requests for advances must be submitted via the ASAP system. Requests may be submitted as frequently as required to meet the needs of the Financial Assistance (FA) Recipient to disburse funds for the Federal share of project costs. If feasible, each request should be timed so that payment is received on the same day that the funds are dispersed for direct project costs and/or the proportionate share of any allowable indirect costs. If same-day transfers are not feasible, advance payments must be as close to actual disbursements as administratively feasible. 3. Requesting Reimbursement. Requests for reimbursements must be submitted via the ASAP system. Requests for reimbursement should coincide with normal billing patterns. Each request must be limited to the amount of disbursements made for the Federal share of direct project costs and the proportionate share of allowable indirect costs incurred during that billing period. 4. Adjusting Payment Requests for Available Cash. Funds that are available from repayments to, and interest earned on, a revolving fund, program income, rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds must be disbursed before requesting additional cash payments. 5. Bank Accounts. All payments are made through electronic funds transfer to the bank account identified in the ASAP system by the FA Recipient. 6. Supporting Documents and Agency Approval of Payments. Additional supporting documentation and prior NPS approval of payments may be required when/if a FA Recipient is determined to be "high risk" or has performance issues. If prior Agency payment approval is in effect for an Cooperative Agreement PI6AC01084 September 12, 2016 Page 5 of 30 award, the ASAP system will notify the FA Recipient when they submit a request for payment. The Recipient must then notify the NPS AO that a payment request has been submitted. The NPS AO may request additional information from the Recipient to support the payment request prior to approving the release of funds, as deemed necessary. The FA Recipient is required to comply with these requests. Supporting documents may include invoices, copies of contracts, vendor quotes, and other expenditure explanations that justify the reimbursement requests. B. In order to receive a financial assistance award and to ensure proper payment, it is required that Recipient maintain their registration with the System for Award Management (SAM), accessed at http://www.sam.gov. Failure to maintain registration can impact obligations and payments under this Agreement and/or any other financial assistance or procurements documents the Recipient may have with the Federal government. C. Any award beyond the current fiscal year is subject to availability of funds; funds may be provided in subsequent fiscal years if project work is satisfactory and funding is available. D. Allowable and Eligible Costs. Expenses charged against awards under the Agreement may not be incurred prior to the beginning of the Agreement, and may be incurred only as necessary to carry out the approved objectives, scope of work and budget with prior approval from the NPS AO. The Recipient shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date stipulated in the award. E. Travel Costs. For travel costs charged against awards under the Agreement, costs incurred must be considered reasonable and otherwise allowable only to the extent such costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy. If the Recipient does not have written travel policies established, the Recipient and its contractors shall follow the travel policies in the Federal Travel Regulation, and may not be reimbursed for travel costs that exceed the standard rates. All charges for travel must conform to the applicable cost principles. F. Indirect Costs. Indirect costs will not be allowable charges against the award unless specifically included as a line item in the approved budget incorporated into the award. G. Recipient Cost Share or Match. Any non -Federal share, whether in cash or in- kind, is expected to be paid out at the same general rate as the Federal share. Exceptions to this requirement may be granted by the AO based on sufficient documentation demonstrating previously determined plans for or later Cooperative Agreement P 16AC01084 September 12, 2016 Page 6 of 30 commitment of cash or in-kind contributions. In any case, the Recipient must meet their cost share commitment over the life of the award. ARTICLE VII — PRIOR APPROVAL The Recipient shall obtain prior approval for budget and program revisions, in accordance with 2 CFR 200.308. ARTICLE VIII — INSURANCE AND LIABILITY [Note: The insurance and the liability terms in the Article VIII may be customized based on the risks evaluated. Insurance terms may be modified to accommodate the Recipient's entity status, (e.g. state government or self-insuring private party) or to provide additional insurance coverage as warranted. It is at the Awarding Officer's discretion to adjust the dollar amount of the liability insurance and the associated language based on the assessed risk level and good business judgment in accordance with DIG 2014-01 Financial Assistance Liability and Insurance. A. Insurance. The recipient shall be required to (1) obtain liability insurance or (2) demonstrate present financial resources in an amount determined sufficient by the Government to cover claims brought by third parties for death, bodily injury, property damage, or other loss resulting from one or more identified activities carried out in connection with this financial assistance agreement. B. Insured. The federal government shall be named as an additional insured under the recipient's insurance policy. C. Indemnification. The recipient hereby agrees to indemnify the federal government, NPS or from any act or omission of the Recipient, its officers, employees, or (members, participants, agents, representatives, agents as appropriate), (1) against third party claims for damages arising from one or more identified activities carried out in connection with this financial assistance agreement and (2) for damage or loss to government property resulting from such an activity. This obligation shall survive the termination of this Agreement. To purchase public and employee liability insurance at its own expense from a responsible company or companies with a minimum limitation of one million dollars ($1, 000, 000) per person for anyone claim, and an aggregate limitation of three million dollars (S3, OOf). 00[1) for any number of claims arising from any one incident. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured's sole risk. Prior to beginning the work authorized herein, [Recipient Name] shall provide the NPS with confirmation of such insurance coverage. Cooperative Agreement P 16AC01084 September 12, 2016 Page 7 of 30 To pay the United States the full value for all damage to the lands or other property of the United States caused by the Recipient, its officers, employees, or representatives]. To provide workers' compensation protection to the Recipient, its officers, employees, and representatives. To cooperate with NPS in the investigation and defense of any claims that may be filed with NPS arising out of the activities of the Recipient, its agents, and employees. In the event of damage to or destruction of the buildings and facilities assigned for the use of the Recipient in whole or in part by any cause whatsoever, nothing herein contained shall be deemed to require NPS to replace or repair the buildings or facilities. If NPS determines in writing, after consultation with the Recipient that damage to the buildings or portions thereof renders such buildings unsuitable for continued use by the Recipient, NPS shall assume sole control over such buildings or portions thereof if the buildings or facilities rendered unsuitable for use are essential for conducting operations authorized under this Agreement, then failure to substitute and assign other facilities acceptable to the Recipient will constitute termination of this Agreement by NPS. D. Flow -down: For the purposes of this clause, "recipient" includes such sub - recipients, contractors, or subcontractors as, in the judgment of the recipient and subject to the Government's determination of sufficiency, have sufficient resources and/or maintain adequate and appropriate insurance to achieve the purposes of this clause. E. Identified activities: [Enumerate as appropriate] ARTICLE IX — REPORTS AND/OR DELIVERABLES A. Specific projects, tasks or activities for which funds are advanced will be tracked and reported by semi-annual submission of a SF -425 Federal Financial Report (FFR) and semi-annual submission of a Performance Report. A final SF -425 and Performance Report shall be submitted at the completion of the Agreement. The following reporting period end dates shall be used for interim reports: 7/31. Performance & Financial Interim Final Proi Period: 2017 — June 2017 June 2017 — December 2017 Report Due Date: July 31, 2017 January 2018 For final the SF -425 and Performance Report, the reporting period end date shall be the end date of the agreement. Interim reports shall be submitted no later than 30 days after the end of each reporting period. Annual and final reports shall be submitted no later than 90 days after the end period date. All reports shall be submitted via email to the NPS AO with a copy to the NPS Agreements Technical Representative via email. Cooperative Agreement P 16AC01084 September 12, 2016 Page 8 of 30 B. The Secretary of the Interior and the Comptroller General of the United States, or their duly authorized representatives, will have access, for the purpose of financial or programmatic review and examination, to any books, documents, papers, and records that are pertinent to the Agreement at all reasonable times during the period of retention in accordance with 2 CFR 200.333. ARTICLE X — PROPERTY UTILIZATION All tools, equipment, and facilities furnished by NPS will be on a loan basis. Tools, equipment and facilities will be returned in the same condition received except for normal wear and tear in project use. Property management standards set forth in 2 CFR 200.310 through 200.316 apply to this Agreement. ARTICLE XI — MODIFICATION. REMEDIES FOR NONCOMPLIANCE TERMINATION A. This Agreement may be modified only by a written instrument executed by the parties. Modifications will be in writing and approved by the NPS AO and the authorized representative of Recipient. B. Additional conditions may be imposed by NPS if it is determined that the Recipient is non-compliant to the terms and conditions of this agreement. Remedies for Noncompliance can be found in 2 CFR 200.338. C. This Agreement may be terminated consistent with applicable termination provisions for Agreements found in2 CFR 200.339 through 200.342. ARTICLE XII — GENERAL AND SPECIAL PROVISIONS A. General Provisions 1. OMB Circulars and Other Regulations. The following Federal regulations are incorporated by reference into this Agreement (full text can be found at http://www.ecfr.gov: a) Administrative Requirements: 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, in its entirety; b) Determination of Allowable Costs: 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E; and c) Audit Requirements: 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart F. d) Code of Federal Regulations/Regulatory Requirements: Cooperative Agreement P 16AC01084 September 12, 2016 Page 9 of 30 2 CFR Part 182 & 1401, "Government -wide Requirements for a Drug - Free Workplace"; 2 CFR 180 & 1400, "Non -Procurement Debarment and Suspension", previously located at 43 CFR Part 42, "Governmentwide Debarment and Suspension (NonProcurement)"; 43 CFR 18, "New Restrictions on Lobbying"; 2 CFR Part 175, "Trafficking Victims Protection Act of 2000"; FAR Clause 52.203-12, Paragraphs (a) and (b), Limitation on Payments to Influence Certain Federal Transactions; 2 CFR Part 25, System for Award Management (www.SAM.gov) and Data Universal Numbering System (DUNS); and 2 CFR Part 170, "Reporting Subawards and Executive Compensation" 2.Non-Discrimination. All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. 3.Lobbying Prohibition. 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as amended by Public Law 107-273, Nov. 2, 2002 - No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Cooperative Agreement P 16AC01084 September 12, 2016 Page 10 of 30 Constitution or interfere with the conduct of foreign policy, counter- intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31. In addition to the above, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110-161) also apply. 4.Anti-Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations. 5.Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. 6.Assignment. No part of this Agreement shall be assigned to any other party without prior written approval of the NPS and the Assignee. 7.Member of Congress. Pursuant to 41 U.S.C. § 22, no Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or adopted by or on behalf of the United States, or to any benefit to arise thereupon. 8.Agency. The Recipient is not an agent or representative of the United States, the Department of the Interior, NPS, or the Park, nor will the Recipient represent its self as such to third parties. NPS employees are not agents of the Recipient and will not act on behalf of the Recipient. 9.Non-Exclusive Agreement. This Agreement in no way restricts the Recipient or NPS from entering into similar agreements, or participating in similar activities or arrangements, with other public or private agencies, organizations, or individuals. 10. Survival. Any and all provisions which, by themselves or their nature, are reasonably expected to be performed after the expiration or termination of this Agreement shall survive and be enforceable after the expiration or termination of this Agreement. Any and all liabilities, actual or contingent, which have arisen during the term of and in connection with this Agreement shall survive expiration or termination of this Agreement. Cooperative Agreement P 16AC01084 September 12, 2016 Page 11 of 30 11. Partial Invalidity. If any provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such provision to the parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12. Captions and Headings: The captions, headings, article numbers and paragraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way shall be construed as defining or limiting the scope or intent of the provision of this Agreement nor in any way affecting this Agreement. 13. No Employment Relationship. This Agreement is not intended to and shall not be construed to create an employment relationship between NPS and Recipient or its representatives. No representative of Recipient shall perform any function or make any decision properly reserved by law or policy to the Federal government. 14. No Third -Party Rights. This Agreement creates enforceable obligations between only NPS and Recipient. Except as expressly provided herein, it is not intended nor shall it be construed to create any right of enforcement by or any duties or obligation in favor of persons or entities not a party to this Agreement. 15. Foreign Travel. The Recipient shall comply with the provisions of the Fly America Act (49 USC 40118). The implanting regulations of the Fly America Act are found at 41 CFR 301-10.131 through 301-10.143. B. Special Provisions 1) Public Information and Endorsements. a) Recipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a business, product, service, or position which the Recipient represents. No release of information relating to this award may state or imply that the Government approves of the Recipient's work products, or considers the Recipient's work product to be superior to other products or services. b) All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer. Cooperative Agreement P 16AC01084 September 12, 2016 Page 12 of 30 c) The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government. d) Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval. e) Recipient further agrees to include this provision in a subaward to a subrecipient, except for a subaward to a State government, a local government, or to a federally recognized Indian tribal government. 2) Publications of Results of Studies. No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publications of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contribution to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion. 3) Rights in Data. The Recipient must grant the United States of America a royalty -free, non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this Agreement by the Recipient, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 4) Retention and Access Requirements for Records. All Recipient financial and programmatic records, supporting documents, statistical records, and other grants -related records shall be maintained and available for access in accordance with 2 CFR Part 200.333-200.337. 5) Audit Requirements. a) Non -Federal entities that expend $750,000 or more during a year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and 2 CFR Part 200, Subpart F, which is available Cooperative Agreement PI6AC01084 September 12, 2016 Page 13 of 30 at http://www.ecfr.gov/cgi-hin/text- idx?SID=fd6463a517ceea3fa13e665e525051 f4&node=s a2.1.200.f&r n=d iv6 b) Non -Federal entities that expend less than $750,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO). c) Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable. Additional information on single audits is available from the Federal Audit Clearinghouse at htip://hai-vester.ceiisus.gnv/sac/ . 6) Procurement Procedures. It is a national policy to place a fair share of purchases with minority business firms. The Department of the Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. Positive efforts shall be made by recipients to utilize small businesses, minority-owned firms, and women's business enterprises, whenever possible. Recipients of Federal awards shall take all of the following steps to further this goal: a) Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the fullest extent practicable. b) Make information on forthcoming opportunities available and arrange time frames for purchases and contracts to encourage and facilitate participation by small businesses, minority-owned firms, and women's business enterprises. c) Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses, minority-owned firms, and women's business enterprises. d) Encourage contracting with consortiums of small businesses, minority- owned firms and women's business enterprises when a contract is too large for one of these firms to handle individually. e) Use the services and assistance, as appropriate, of such organizations as the Small Business Development Agency in the solicitation and utilization Cooperative Agreement PI6AC01084 September 12, 2016 Page 14 of 30 of small business, minority-owned firms and women's business enterprises. 7) Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving. Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1. This Executive Order introduces a Federal Government -wide prohibition on the use of text messaging while driving on official business or while using Government -supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or —rented vehicles, government- owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government. 8) Seat Belt Provision. The Recipient is encouraged to adopt and enforce on- the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. 9) Trafficking in Persons. This term of award is pursuant to paragraph (g) of Section 106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR § 175.15). a) Provisions applicable to a recipient that is a private entity. 1. You as the Recipient, your employees, subrecipients under this award, and subrecipients' employees may not - i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - i. Is determined to have violated a prohibition in paragraph a. l of this award term; or Cooperative Agreement P16AC01084 September 12, 2016 Page 15 of 30 ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a. l of this award term through conduct that is either: a. Associated with performance under this award: or b. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (NonProcurement)," as implemented by our agency at 2 CFR part 1400. b) Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity - 1. Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a. l of this award term through conduct that is either: i. Associated with performance under this award; or i i . Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (NonProcurement)," as implemented by our agency at 2 CFR part 1400. c) Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.I of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 USC 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. Cooperative Agreement P 16AC01084 September 12, 2016 Page 16 of 30 You must include the requirements of paragraph a. l of this award term in any subaward you make to a private entity. d) Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this awards; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. "Private entity" means: i. Any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25; and ii. Includes: a. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). b. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 USC 7102). 10) Recipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. a) This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the Cooperative Agreement P 16AC01084 September 12, 2016 Page 17 of 30 National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112- 239). b) The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712. c) The Award Recipient shall insert the substance of this clause, including this paragraph (c), in all subawards or subcontracts over the simplified acquisition threshold, 42 CFR § 52.203-17 (as referenced in 42 CFR § 3.908-9). 11) Reporting Subawards And Executive Compensation a) Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph D. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery Act funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph E. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph A.I. of this award term to Imp.ffwww.fsrs.o v. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at httv://www.t*srs.gov specify. b) Reporting Total Compensation of Recipient Executives. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if The total Federal funding authorized to date under this award is $25,000 or more; ii. In the preceding fiscal year, you received— Cooperative Agreement P16AC01084 September 12, 2016 Page 18 of 30 a. 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at I�tc��:If�v��°��.sec.gi�vlanswe�•slexc;co�iil�.I�tc��.) 2. Where and when to report. You must report executive total compensation described in paragraph A.1. of this award term: i. As part of your registration profile at liitl)safwww.sain.y-ov. ii. By the end of the month following the month in which this award is made, and annually thereafter. C) Reporting of Total Compensation of Subrecipient Executives. I . Applicability and what to report. Unless you are exempt as provided in paragraph D. of this award term, for each first-tier Subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. In the subrecipient's preceding fiscal year, the subrecipient received— a. 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and Cooperative Agreement P16AC01084 September 12, 2016 Page 19 of 30 ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at l)tt;1115w1's. itl lullp.171m 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d) Exemptions. 1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e) Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; V. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. Cooperative Agreement P16AC01084 September 12, 2016 Page 20 of 30 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term includes your procurement of property and services needed to carry out the project or program. The term does not include procurement of incidental property and services needed to carry out the award project or program. iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. Cooperative Agreement P16AC01084 September 12, 2016 Page 21 of 30 vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 12) Conflict of Interest a) The Recipient must establish safeguards to prohibit its employees and Sub -recipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Recipient is responsible for notifying the Awarding Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the Recipient or its employees in a position of conflict, real or apparent, between their responsibilities under the agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Recipient and/or Recipient's employees and Sub -recipients in the matter. b) The Awarding Officer and the servicing Ethics Counselor will determine if a conflict of interest exists. If a conflict of interest exists, the Awarding Officer will determine whether a mitigation plan is feasible. Mitigation plans must be approved by the Awarding Officer in writing. c) Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies/or Noncompliance, including suspension or debarment (see also 2 CFR Part 180). 13) Minimum Wages Under Executive Order 13658 (January 2015) (a) Definitions. As used in this clause— "United States" means the 50 states and the District of Columbia. "Worker"— (1) Means any person engaged in performing work on, or in connection with, an agreement covered by Executive Order 11658. and (i) Whose wages under such agreements are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards Cooperative Agreement PI6AC01084 September 12, 2016 Page 22 of 30 statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 C.F.R.§ 541, (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the agreement whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(c). (3) Also includes any person working on, or in connection with, the agreement and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order Minimum Wage rate. (1) The Recipient shall pay to workers, while performing in the United States, and performing on, or in connection with, this agreement, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Recipient shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on .11dol.g of (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this agreement. (3) (i) The Recipient may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subaward costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not Cooperative Agreement P16AC01084 September 12, 2016 Page 23 of 30 otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subrecipients may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Recipients shall consider any Subrecipient requests for such price adjustment. (iii) The Awarding Officer will not adjust the agreement price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Recipient warrants that the prices in this agreement do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) The Recipient shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Recipient may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CA=A. § I [1.2 Deductions. (6) The Recipient shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (7) Nothing in this clause shall excuse the Recipient from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (8) The Recipient shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (11) The Recipient shall follow the policies and procedures in 29 C'.F.€Z. 5 10.24 (b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c) (1) This clause applies to workers as defined in paragraph (a). As provided in that definition— Cooperative Agreement P 16AC01084 September 12, 2016 Page 24 of 30 (i) Workers are covered regardless of the contractual relationship alleged to exist between the Recipient or Subrecipient and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. § 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to— (i) Fair Labor Standards Act (FLSA) - covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the agreement, but who are not directly engaged in performing the specific work called for by the agreement, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such agreements; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.G. § 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under -2 9 U.S.C. § _714(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. L214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. § 21_3(a)(1) and 21) C.F.R. § part 54 I ). (d) Notice. The Recipient shall notify all workers performing work on, or in connection with, this agreement of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Recipient shall post notice, utilizing the poster provided by the Administrator, which can be obtained at Cooperative Agreement P16AC01084 September 12, 2016 Page 25 of 30 IrII'lr.dol,goI� rlul. pvcorrlrrrc' s, in a prominent and accessible place at the worksite. Recipients that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the Recipient, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Recipient shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Recipient shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Recipient shall also make such records available upon request of the Contracting Officer. (3) The Recipient shall make a copy of the agreement available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 C.F.R. § 10.26 and this agreement. Upon direction of the Administrator or upon the Awarding Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Recipient's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Recipient shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. Cooperative Agreement PI6AC01084 September 12, 2016 Page 26 of 30 (g) Withholding. The Awarding Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Recipient under this or any other Federal agreement with the same Recipient, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 2O C'.F.R. § 10.51, Disputes concerning Recipient compliance, the procedures for resolving disputes concerning an Recipient's compliance with Department of Labor regulations at 219 C. F..1Z. 5 1 (). Such disputes shall be resolved in accordance with those. This includes disputes between the Recipient (or any of its Subrecipients) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Recipient shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. 0) Subcontractor compliance. The Recipient is responsible for Subrecipient compliance with the requirements of this clause and may be held liable for unpaid wages due Subrecipient workers. (k) Subawards. The Recipient shall include the substance of this clause, including this paragraph (k) in all subawards, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. 14. Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements Section 743 of Division E, Title VII of the Consolidated and Further Continuing Resolution Appropriations Act of 2015 (Pub. L. 113-235) prohibits the use of funds appropriated or otherwise made available under that or any other Act for grants or cooperative agreements to an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. Recipients must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements Cooperative Agreement P16AC01084 September 12, 2016 Page 27 of 30 prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. Recipients must notify their employees or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect. ARTICLE XIII — SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. FOR THE CITY OF SCANDIA Name Title Date FOR THE NATIONAL PARK SERVICE Julie Hendricks Date Awarding Officer Cooperative Agreement PI6AC01084 September 12, 2016 Page 28 of 30 ARTICLE IX — ATTACHMENTS The following documents are attached and made part of this Task Agreement: Attachment A. Scope of Work Attachment B Detailed Budget Justification Attachment C. SF -424 - Application for Federal Assistance Attachment D. SF -424A — Budget Information — Non -Construction Programs Attachment E. Certification of Compliance with E.O. 13658 Cooperative Agreement P16AC01084 September 12, 2016 Page 29 of 30 Attachment E Certification of Compliance with Executive Order 13658 (complete & return with signed agreement) On February 12, 2014, the President signed Executive Order (E. O.) 13658 which established a minimum wage for Federal contractors and subcontractors. In accordance with 29 C.F.R. § 10 and E. 0. 13658, the minimum wage requirement of $10.10 per hour may be applicable to a recipient if the cooperative agreement is entered into with the Federal government in connection with Federal property or lands and services are being offered specifically to Federal employees, their dependents, or the general public (reference 29 C.F.R. § 10.3(a)(I)(iv)). In addition, for the E.O. to apply, workers under the agreement must also be governed by the Davis -Bacon Act, Service Contract Act, or the Fair Labor Standards Act (reference 29 C.F.R. § 10.3(a)(2)). Check the appropriate statement and sign below. I certify that funds requested for wages will be paid at the rate of at least the minimum wage of $10.10 per hour in accordance with E. 0. 13658 and 29 C.F.R. § 10 for this award/modification. I certify that funds requested for wages will be paid at a rate that is less than the minimum wage of $10.10 per hour, but is in accordance with E. 0. 13658 and 29 CF. R. § 10 for this award/modification. I certify that upon review of E.O. 13658 and 29 C.F.R. §10 it is not applicable to funds awarded through this award/modification. Signature Title Date Cooperative Agreement P 16AC01084 September 12, 2016 Page 30 of 30