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BUREAU OF LAND MANAGEMENT Financial Assistance (Cooperative Agreements) PROJECT PROPOSAL (Suggested Format) Instructions: A Project Proposal must be submitted with the Standard Form (SF) 424 Application for Federal Assistance for all BLM Assistance Agreements. Complete each section below. Use additional sheets as needed. Person Submitting Proposal: Sara Beth Latin Date: 09/19/2018 Organization Name: Maricopa County Department of Emergency Management Agreement or Announcement No.: Ll8AC00046 Agreement or Announcement Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance Estimated Period of Performance: 10/01/2018-09/30/2019 Proposed Project Location: Maricopa County This work will occur on: ElPublic Lands El Private Lands Moth Public & Private Lands YOUR MISSION: The overall mission of this project is to reduce the potential impacts of wildfire to life and property in the populated areas and to the wildlands through creation of environmentally friendly WUI's fuels reduction, defensible space and an on-going maintenance program by residents, business and government agencies through cooperative collaboration, appropriate rules, regulations and codes. The public will benefit through safer communities, reductions in loss to life and property, potential reductions in homeowners insurance and preservation of the landscape for the short and long term. Overall reduction of damaging fires will save the taxpayers local and federal dollars for years to come. OBJECTIVE: Initial fuels reduction in WUI as identified in the MCCWPP prioritized hazard threat analysis and agreed to by the MCCWPP technical group. a. Equipment, personnel to create fuels break in the WUI b. Methods of Disposal for the BIOMASS created by removal of fuels c. Community outreach for participation in the initial WUI fuels reduction 2. Revision/adoption of county and local codes/ordinances and rules to compliment maintenance of the WUI a. Engage in the adoption of the Firewise Program throughout the CWPP identified areas. b. Engage in the adoption of the International Wildland-Urban Interface Code by county and local jurisdictions. c. Engage in the adoption of other local codes and ordinances that will further the efforts of defensible space appropriate for jurisdictions. TECHNICAL APPROACH: Rev 4-2016 The plan of action for this project will be to address the WUI boundaries as identified through prioritization in the Maricopa County Community Wildfire Protection encompassing Plan (MCCWPP). the WUI will be a Comprehensive education and outreach to those private entities process to produce an acceptable critical component to engage them in the initial fuels reduction stakeholders defensible boundary and on-going maintenance for those areas. and Government as signatory of the MCCWPP (Federal, State, County, Local) through collaborative in concert process with those resources obtained as part of will schedule and coordinate in-kind reduction resources to produce the outputs necessary for success in this grant to complete the fuels government stakeholders include, but are not obtaining initial outcomes. These participating departments, debris management, solid waste and going limited to fire departments, public re-utilization. works Inspections of the WUI's will occur on an annual green initiatives whether for treated BIOMASS or not for annual status update for the MCCWPP. interval County and local jurisdictions will utilize the MCCWPP to identify those areas of codes, will aid in ordinances and rules that if adopted or modified though formal government for processes, areas in which maintenance of the protected WUI through local enforcement processes encourage defensible space voluntary action is declining. The portion of the project will also Health Forest Restoration within the urban areas that further project goals in alignment with the Act. Start Date Completion Date Milestone / Task / Activity Request Fuels Reduction Proposals from Partners 11/18 Work with BLM to approve proposals 1/19 9/30/19 Award project- start work 2/19 PUBLIC public BENEFIT: will benefit through safer communities, reductions in loss to life and property, The reductions in homeowners insurance and preservation of the landscape for the short and potential long term. Overall reduction of damaging fires will save the taxpayers local and federal dollars for years to come. QUALIFICATIONS & responsibilities. PAST PERFORMANCE: Describe similar successful projects completed in the past and any (List key personnel and your their organization may possess.) unique qualifications Project Manager- Mike Winters: • B.S. Public Safety Administration • M.S. Executive Fire Service Leadership • Executive Fire Officer Program Graduate • Retired Fire Chief (32 years in Fire Service) successfully coordinated Fuels Reduction Projects within Maricopa County in Maricopa the past 15 County years in the areas of Buckeye, Goodyear, Wickenburg, Fountain Hills, Rio Verde. Rev 4-2016 Attachment No. 1 BLM Agreement Name: Maricopa No. L18AC00046 County Department of Emergency Management (Pg. 1 of 27) Recipient Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County I. COOPERATIVE AGREEMENT OBJECTIVES: A. Objective(s): BLM has an opportunity to work with a partner organization to assist with Wildland Urban Interface (WUI) Community Fire Assistance established by the Department of the Interior and Related Agencies Act to allow the Bureau of Land Management (BLM) to enter into financial assistance agreements with local communities to reduce the risk and impact of catastrophic wildfires. This program is in support of protecting the American family, putting America back to work, and creating a conservation stewardship legacy second only to Teddy Roosevelt by providing an opportunity to support planning and implementation of hazardous fuels reduction projects in Wildland Urban Interface (WUI) areas and education and outreach programs that help create fire adapted communities and resilient landscapes. B. Public Benefit(s) All awards under this funding opportunity must benefit the public by reducing the risk and impact of Wildfires on communities through coordination, reducing the amount of hazardous fuels, and furthering the education of landowners about wildfire prevention and mitigation. C. Federal Award Performance Goals 1. Accomplish Hazardous Fuels Reduction Activities a) Wildland Fuels reduction using: 1. Mechanical 2. Prescribed Fire 3. Chemical 4. Biological b) Structural 5. Other and landscape modifications to create survivable space 2. Develop and implement fire education, training, and/or community action plans/programs that may include the following: a) Mitigation and Prevention activities ordinances to advance wildfire safety b) Adopting planning and zoning c) Public Education Programs which promote: 1. Combustible vegetation management 2. Structural ignition prevention 3. Survivable Space 3. Conduct Community Wildfire Protection Assessment and planning activities a) Conduct assessments to document the threat of wildfire b) Develop and maintain a Community Wildfire Protection Plan that identifies necessary actions to reduce the threat and impact of wildfire c) Identify monitoring and maintenance requirements for long- term community protection Attachment No. 1 BLM Agreement Name: Maricopa No. L18AC00046 County Department of Emergency Management (Pg. 2 of 27) Recipient Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County 4. Expand community capability to enhance local employment opportunities a) Recruit eligible participants b) Provide business development training c) Provide transportation, tools, supplies and equipment d) Provide employment opportunities for local supplies and services 5. Develop and Implement short and long term Monitoring and Maintenance Plans for: a) Hazardous Fuels Reduction b) Community Fire Education and Training c) Community Action Programs 6. On a yearly basis, assist the fire districts in community prevention and mitigation activities which promote combustible vegetation management, structural ignition prevention, and survivable space. 2. PROPOSED WORK A. The Recipient's Project Proposal entitled, "Phase II CWPP", is accepted by the BLM and made a part of this agreement in order to serve as the agreement's work plan. Other documents Federal incorporated by reference include the recipient's Standard Form (SF) 424 Application for Assistance, dated 08/20/2018, 5F424A, Budget Information - Non-Construction Programs, 5F424B, Assurances - Non-Construction Programs, Budget Detail, and signed Certification Regarding Lobbying - Certification for Contracts, Grants, Loans and Cooperative Agreements. B. In addition, the BLM will: between the BLM and recipient in carrying out • Joint collaboration development, implementation, and evaluation of the management, proposed work; • • Training of recipient approval personnel; by the BLM of one stage of work prior to the start • • Review and of • Review the next and stage; approval by the BLM of modifications or subawards prior to • • their • Directing award; or redirecting of recipient work by the BLM because of relationships to other projects; • • The ability to immediately halt work because of failure to meet agreement objectives; and • Close monitoring and/or operational involvement in the proposed work. The BLM will also provide technical assistance, training and oversight and assist in coordinating with other federal agencies as needed to accomplish the following types of projects: 1. Assist in developing and implementing fire education, training, and/or community action plans/program(s) that may include the following: a) Mitigation and prevention activities b) Planning, zoning and ordinances Attachment No. 1 BLM Recipient Agreement Name: No. Maricopa L18AC00046 County Department of Emergency Management_ (Pg. 3 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County c) Survivable space 1. Vegetative management 2. Structural ignition 2. Assist with Planning and assistance Clearances in the development of a written plan to a) Provide technical improve community protection. b) Assist in identifying and obtaining appropriate permits and clearances to accomplish work. c) Assist in identifying monitoring and maintenance requirements for long- term community protection. 3. Assist with Hazardous Fuels Reduction Activities by providing the following based on mutual agreement between parties: technical assistance, training, equipment, and/or oversight. a) Wildland Fuels 1. Chemical and biological 2. Mechanical 3. Prescribed fire b) Structural and Landscape 1. Survivable space 2. Planning, zoning and ordinances 4. Assist the recipient in enhancing local employment opportunities by: a) Participating in recruitment of eligible participants b) Conducting agreed-upon training. c) Providing technical oversight and plans, drawings, maps and specifications for work to be performed. d) Providing business development training as identified. e) Providing transportation and specialized tools, supplies and equipment as specified. 5. Assist in the development and implementation of short- and long-term Monitoring and Maintenance Plans a) Hazardous fuels reduction b) Community fire education and training c) Community action programs 6. In general, BLM AZ will provide technical assistance; training, and oversight of this agreement based on mutual agreement between all parties. BLM AZ will work on an interagency level to leverage maximum treatment of private/state lands by coordinating fuels treatment projects on adjacent parcels, regardless of ownership (private, state, or BLM). BLM AZ will also provide technical assistance in the development of Community Wildfire Protection Plans (CWPPs). By working together as a collaborative, cohesive unit, private lands and personal property will have increased protection from the adverse effects of wildfire. Make site visits as warranted by program needs. Attachment No. 1 BLM Agreement Name: No. Maricopa L18AC00046 County Department of Emergency Management (Pg. 4 of 27) Project Recipient Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County C. In addition, the recipient will also be responsible for significant developments, i.e., events which may occur between the scheduled performance reporting dates that have the significant BLM or pass- impact upon the supported activity. In such eases, the recipient must inform through entity as soon as the following types of conditions become known: 1. Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. 2. Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. 3. TERM OF AGREEMENT A. The term, or period of performance, of this agreement shall become effective as of three the (3) date shown on the signed award cover page and may remain in effect for a maximum of showing years. The BLM will consider continued support of the project upon; (a) the recipient BLM that progress satisfactory to the BLM toward program goals and the determination by the (b) the continuation of the program would be in the best interests of the Government, and/or availability of funds. B. Budget and Program Revisions 1. Recipients must submit in writing to the BLM's Program Officer (PO) any request for budget or program revision in accordance with 2 CFR 200.308. 2. All modifications to the agreement shall be in writing and signed by the GMO. No oral statements or any written statements made by any person other than the GMO, shall in any manner modify or otherwise affect the terms of the agreement. C. Termination. This agreement may be terminated in accordance with the provisions of 2 CFR, Subpart D, Section 200.339 Termination. 4. FINANCIAL SUPPORT AND PAYMENT METHOD A. Funding. This agreement may be funded each fiscal year (FY) based on the availability of BLM funding. Funds obligated but not expended by the recipient in a FY may be carried forward and expended in subsequent years. B. Maximum Obligations. The total obligations, including modifications, represent the amount for which the BLM will be responsible under the terms of this agreement. The BLM shall not be responsible to pay for, nor shall the recipient be responsible to perform, any effort that will require the expenditure of Federal funds above the current obligated amount. Reimbursable Costs and Limitations. The recipient shall not incur costs or obligate funds for any C. purpose pertaining to operation of the program or activities beyond the expiration date stated in the agreement. The only costs which are authorized for a period of up to 90 days Attachment No. 1 BLM Agreement Name: Maricopa No. L18AC00046 County Department of Emergency Management (Pg. 5 of 27) Recipient Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County following the award expiration date are those strictly associated with closeout activities BLM will for only preparation of the final report. The BLM's financial participation is limited. The subsequently fund up to its share of those amounts requested in the project proposal and as are approved and funded in the agreement. The recipient shall not be obligated to continue proposal performance under the agreement or to incur costs in excess of the costs set forth in the subsequent agreement. However, if the Recipient chooses to expend funds in excess of the and approved project budget, the Recipient will be responsible to fund the excess without funding participation by the Bureau. D. Cost Sharing and Matching Cost sharing for this agreement shall be in accordance with 2 CFR, Subpart D, Section 200.306, Cost sharing or matching. 1. There is no cost share or match legislatively required for this award. E. Program Income Program income generated under this award shall be in accordance with 2 CFR, Subpart Section 200.307(e)(1) Deduction - Program income must be deducted from total allowable D, costs to determine the net allowable costs, and be used for current costs unless the Federal awarding agency authorizes otherwise. Program income that the non-Federal entity did not anticipate at the time of the Federal award must be used to reduce the Federal award and Program non- Federal entity contributions rather than to increase the funds committed to the project. income generated through the performance of this project must be reported on Standard Form (SF) 425, Federal Financial Report (see section 6. PERFORMANCE, FINANCIAL, AND OTHER REPORTING). F. Indirect Costs 1. The recipient has not requested reimbursement for indirect costs. G. Payment by Reimbursement 1. Payment will be made by draw-down reimbursement through the Department of the Treasury, Automated Standard Application for Payment (ASAP) System. See following http://www.fms.treas.gov/asap Treasury Circular 1075 (31 CFR 205) requires that website: draw-downs to a recipient organization shall be limited to the minimum amounts needed and shall be timed to be in accordance with the actual, immediate cash requirements of the timing recipient and organization in carrying out the purposes of the approved program or project. The amount of cash advances shall be as close as is administratively feasible to the actual disbursements by the recipient organization for direct program or project costs and the proportionate share of any allowable indirect costs 2. 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. Attachment No. 1 BLM Agreement Maricopa No. L18AC00046 County Department of Emergency Management (Pg. 6 of 27) Recipient Project Title: Name: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County H. Payment Review If a recipient has a history of poor performance, financial instability, uses a management has not system not meeting standards prescribed by the Uniform Administrative Requirements, responsible in conformed to the terms and conditions of the award, and/or is not risk" otherwise and be placed on Agency safeguarding Federal funds, they may be determined to be "high that all draw-down Review. Agency Review limits a recipient's access to funds by requiring on agency review must requests reviewed and approved prior to their being released. Recipients or Reimbursement submit a completed Standard Form (SF) 270 Request for Advance of how Payment the costs correspond to the for each payment requested along with a detailed explanation Federal Assistance SF-424A approved budget categories as listed on their Application for Challenge Cost Share Program Budget Information and their Detailed Budget Breakdown Being put or on Agency Review does not relieve Commitment Document, whichever is applicable. the recipient of required financial or performance reporting requirements. I. System for Award Management (SAM, www.SAM.gov) Recipients of Federal financial assistance must maintain current registration with the System for Award Management (SAM, www.SAM.gov). Failure to maintain registration can impact access to funds and future obligations under this agreement and any other financial assistance or procurement award the recipient may have with the Federal government. 5. PERFORMANCE & FINANCIAL MONITORING A. In accordance with 2 CFR 200.327 Financial Reporting and 200.328 Monitoring and and Reporting Program Performance, the recipient is responsible for oversight, monitoring, reporting of its activities under Federal awards to assure compliance with applicable monitoring Federal of requirements and that performance expectations are being achieved. The BLM's with the the recipient's activities may include review of the award file including discussions analysis of recipient regarding reporting, award activities, and project status (desk reviews), financial and performance reports, and discussions of specific issues related to project implementation, observation of project activity, and review of planned versus actual progress (site visits). The BLM has the right to inspect and evaluate the work performed or being at all performed under this agreement, and the premises where the work is being performed, reasonable times and in a manner that will not unduly delay the work. If the BLM performs shall inspection or evaluation on the premises of the recipient or a sub-recipient, the assistance recipient for the furnish and shall require sub-recipients to furnish all reasonable facilities and safe and convenient performance of these duties. 1. BLM programmatic monitoring addresses the content and substance of the program. It is a qualitative review to determine performance, innovation, and contributions the BLM to the has field. the The BLM may make site visits as warranted by program needs. In papers, addition, or other records of the right of timely and unrestricted access to any books, documents, examinations, excerpts, recipient's that are pertinent to the award, in order to make audits, timely and reasonable access transcripts, and copies of such documents. This right also includes related to such documents. to recipient personnel for the purpose of interviews and discussions 2. BLM financial monitoring ensures compliance with financial guidelines and general accounting practices. On-site or internal financial reviews are conducted to determine if: (1) Attachment No. 1 BLM Recipient Agreement Name: Maricopa No. L18AC00046 County Department of Emergency Management (Pg. 7 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County award recipients are properly accounting for the receipt and expenditures of federal funds; (2) expenditures are in compliance with federal requirements and award special conditions; and (3) proper documentation on financial monitoring activities is prepared, maintained, and distributed as appropriate. 6. PERFORMANCE, FINANCIAL, AND OTHER REPORTING A. Semi-annual Federal Financial Reports 1. Recipients of Federal financial assistance are required to submit periodic financial reports which document the financial status of their awards. The Federal Financial Report (FFR) or Standard Form (SF) 425 and SF425A — Attachment, is the Office of Management and Budget (OMB) standard form used to report financial status. Expenditures and/or income may be reported either on a cash or accrual basis, whichever method is normally used by the recipient. that Submitted SF425 reports must be signed by an authorized official of the recipient certifying and that all the information complete, accurate, consistent with the recipient's accounting system, expenditures and obligations are for the purposes set forth in the agreement. The SF425 represents a claim to the Federal government, filing a false claim may result in civil or criminal penalties. Blank SF425 forms with instructions are available on the Grants.gov web site, URL: http://www.grants.gov/web/grants/forms.html. 2. Semi-annual Reporting. Financial status reports under this agreement must be submitted on a semi-annual (every six Months) basis. Reporting periods and report due dates under this agreement shall be as follows: Reporting Period Dates Submit April 30, Report 2019* By Award Start Date through March 31, 2019* October 31, 2019* April 1, 2017 through September 30, 2019* *And each 6-Month period thereafter for the life of the agreement. 3. Semi-annual financial reports are due by 30 Calendar days after the end of the reporting period. E-mail financial status reports to the BLM Staff and/or E-mail addresses listed on the Award Coversheet under, "E-mail Reports To:" 4. At the end of the agreement, final SF425 financial reports are due by 90 Calendar days after the expiration, termination, and/or project completion, whichever comes first. E-mail final financial status reports to the BLM Staff and/or E-mail addresses listed on the Award Coversheet under, "E-mail Reports To:" B. Semi-Annual Performance Reports 1. Recipients of Federal financial assistance are required to submit periodic performance reports prepared in accordance with 2 CFR, Subpart D, Section 200.328 Monitoring and Reporting Program Performance. There is no standard form, however performance reports should always relate to the performance goals and objectives identified in Section 1. of this agreement. Performance reports must be submitted in a narrative summary to include, but not limited to, the following: Attachment No. 1 BLM Recipient Agreement Name: Maricopa No. L18AC00046 County Department of Emergency Management_ (Pg. 8 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County a. Completed established goals, work in progress, future work, the percentage of work completed (based on Section 1 and 2 of this document). b. The reasons why established goals and objectives were not met or problems which may impact the ability to complete work on time with recommendations on their resolution, if appropriate. c. Prediction of future activities and how they will be accomplished. d. Where the accomplishments of the Federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) may be required if that information will be useful. e. Where performance trend data and analysis would be informative to the BLM program the Federal awarding agency should include this as a performance reporting requirement. f. Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. 2. Semi-annual Reporting. Performance status reports under this agreement must be submitted on a semi-annual basis. Reporting periods and report due dates under this agreement shall be as follows: Reportink Period Dates Submit Report By Award Start Date through March 31, 2019* April 30, 2019* April 1, 2017 through September 30, 2019* October 31, 2019* *And each 6-Month period thereafter for the life of the agreement. 3. Semi-annual performance reports are due by 30 Calendar days after the end of each reporting period. E-mail performance reports to the BLM Staff and/or E-mail addresses listed on the Award Coversheet under, "E-mail Reports To:" 4. At the end of the agreement, final performance reports are due by 90 Calendar days after the expiration, termination, and/or project completion, whichever comes first. E-mail final performance reports to the BLM Staff and/or E-mail addresses listed on the Award Coversheet under, "E-mail Reports To:" C. Property Reporting 1. SF-428 Tangible Personal Property Report is also required under the terms and conditions of this cooperative agreement. Tangible personal property means property of any kind, except real property, that has physical existence. It includes equipment and supplies. It does not include copyrights, patents or securities. Property may be provided by the awarding agency or acquired by the recipient with award funds. Federally-owned property consists of items that were furnished by the Federal government. September 30, 2018* August 31, 2019* Award Start Date through Attachment No. 1 BLM Agreement No. Maricopa L18AC00046 County Department of Emergency Management (Pg. 9 of 27) Recipient Project Title: Name: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County *If Federally Owned Property, report required annually. Any property acquired under this agreement, report required every two years thereafter for the life of the agreement. 7. LIABILITY, INSURANCE, AND INDEMNIFICATION A. Liability. The BLM assumes no liability for any actions or activities conducted under under the this agreement except to the extent that recourse or remedies are provided by Congress Federal Tort Claims Act, 28 USC 2671. B. 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. C. Insured. The federal government shall be named as an additional insured under the recipient's insurance policy. D. Indemnification. The recipient hereby agrees: Indemnification: The United States Federal Government does not have the authority to indemnify 1. and hold harmless the State of Arizona from any and all claims, liabilities, losses, damages charges, etc. The State of Arizona does not have the authority to indemnify and hold harmless the United States Federal Government from any and all claims, liabilities, losses, damages, charges, etc. The State of Arizona will be responsible for errors, omissions and for error, negligence of its employees. The United States Federal Government will be responsible under The Federal omissions and negligence of its employees to the extent provided by congress 89-506, 80-Stat. Tort Claims Act [28U.S.C. 1346(b) 2401 (b), 2671-2680, as amended by P.L. 306]. 2. 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 (members, participants, agents, representatives, agents as appropriate). 3. To provide workers' compensation protection to the recipient's officers, employees, and representatives. 4. To cooperate with the BLM in the investigation and defense of any claims that may be filed with the BLM arising out of the activities of the recipient, its agents, and employees. 5. In the event of damage to or destruction of the buildings and facilities assigned for shall the use of the recipient in whole or in part by any cause whatsoever, nothing herein If the contained BLM be deemed to require the BLM to replace or repair the buildings or facilities. buildings or determines in writing, after consultation with the recipient that damage to the recipient, the BLM portions thereof renders such buildings unsuitable for continued use by the facilities shall assume sole control over such buildings or portions thereof. If the buildings or rendered unsuitable for use are essential for conducting operations authorized under recipient this will agreement, then failure to substitute and assign other facilities acceptable to the constitute termination of this agreement by the BLM. Attachment No. 1 BLM Agreement No. Maricopa L18AC00046 County Department of Emergency Management (Pg. 10 of 27) Recipient Project Title: Name: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County E. Flow-down. For the purposes of this clause, "recipient" includes such subrecipients, 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. F. Identified Activities. All activities carried out in connection with this financial assistance agreement. 8. BLM PROPERTY STANDARDS A. Government-furnished property (GFP), such as tools and equipment, furnished by the BLM to the recipient shall be used for official purposes only and shall be subject to the terms of the agreement. Tools and equipment shall be returned in the same condition received except for normal wear and tear in project use. Any BLM property used or other property acquired governed under this agreement, including intangible property such as copyrights and patents, shall be by the property management provisions of 2 CFR, Subpart D, Sections 200.310 to 200.316, Property Standards. B. Insurance Coverage: The non-Federal entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. Refer to 2 CFR, Part 200, Subpart D, Section 310. C. Intangible Property. 1. Title to intangible property (see § 200.59 Intangible property) acquired under a Federal award vests upon acquisition in the non-Federal entity. The non-Federal entity must use that property for the originally-authorized purpose, and must not encumber the property without approval of the Federal awarding agency. When no longer needed for the originally provisions authorized in § purpose, disposition of the intangible property must occur in accordance with the 200.313 Equipment paragraph (e). 2. The non-Federal entity may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. The Federal awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. 3. The non-Federal entity is subject to applicable regulations governing patents and at inventions, including Government-wide regulations issued by the Department of Commerce 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and Cooperative Agreements." 4. The Federal government has the right to: (a) Obtain, reproduce, publish, or otherwise use the data produced under a Federal award; and (b) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. D. Recipient staff will be required to complete a BLM-approved Defensive Driving Course if driving a Government-owned vehicle (GOV). Attachment No. 1 BLM Agreement Maricopa No. L18AC00046 County Department of Emergency Management (Pg. 11 of 27) Recipient Project Title: Name: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County E. Recipient staff will be required to complete a BLM-approved Four-wheel ATV safety and training program if using Government-furnished ATVs. F. Recipient staff will be required to complete a BLM-approved safety and training etc. program The if using Government-furnished power equipment, such as chainsaws, wood chippers, recipient will be responsible for meeting all protective equipment requirements if using Government-furnished equipment. 9. KEY OFFICIALS The key officials on this agreement are listed on the award cover page(s) and are considered and the to be essential to ensure maximum coordination and communication designate between an alternate the parties to act in the work being performed. Upon written notice, either party may place of their designated key official. 10. GENERAL TERMS AND CONDITIONS The U.S. Department of the Interior agencies, including the Bureau of Land Management implemented the new regulations on December 26, 2014 in the 2 CFR, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS A. Administrative and National Policy Requirements 1. By accepting Federal funding, your organization agrees to abide by the new Uniform Guidance for Grants in the expenditure of Federal funds and performance under this financial Final assistance award, which was implemented by Office of Management and Budget (OMB). have Guidance has been issued and has superseded requirements from OMB Circulars, which Part 200. been replaced by the 2 Code of Federal Regulations (CFR) Grants and Agreements, 2 CFR, Part 200 is available at the following website: http://www.ecfr.govicgi-bin/text- idx?c=ecfr&tplqecfrbrowse/Title02/2cfi .200 main 02.tpl B. Administrative Requirements 1. 2 CFR Part 200 Subparts A through E - UNIFORM ADMINISTRATIVE REQUIREMENTS, AND COST PRINCIPLES. 2. 2 CFR, Subpart B, 200.112 - CONFLICT OF INTEREST – Refer to Section 13, item 1. of this document for full text term and condition. 3. 2 CFR, Subpart B, 200.317 – 316 - Procurement Standards. a. §200.326 Contract Provisions: The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to Part, 200 – Contract Provisions for non- Federal Entity Contracts Under Federal Awards. Refer to Section 13, item 2. of this document for full text term and condition. 4. 2 CFR, Subpart C, Part 200.412 - 419 – Direct and Indirect (F & A) Cost a. 2 CFR, Appendix III to Part 200 - Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs) Attachment No. 1 BLM Agreement Maricopa No. L18AC00046 County Department of Emergency Management (Pg. 12 of 27) Recipient Project Title: Name: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County b. Appendix IV to Part 200 - Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations c. Appendix V to Part 200 - State/Local Government-wide Central Service Cost Allocation Plans 5. 2 CFR Part 200 Subpart F - AUDIT REQUIREMENTS. year shall Non-Federal have a single entities or that expend $750,000.00, or more, in federal awards in a single the Single Audit Act program-specific audit conducted for that year in accordance with available Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, at: http://www.whitehouse.gov/omb/circulars default. a. This and any other federal financial assistance award should be reported under its appropriate Catalog of Federal Domestic Assistance (CFDA) number, refer to header for appropriate CFDA to report. 6. Appendix XII to Part 200—Award Term and Condition for Recipient Integrity and Performance Matters. (Refer to Section 13. 3. below for full text.) C. Program Legislation and/or Regulations: 1. Scientific integrity is vital to Department of the Interior (DOT) activities under which scientific research, data, summaries, syntheses, interpretations, presentations, integrity and/or will publications result not are developed and used. Failure to uphold the highest degree of scientific but will damage only in potentially flawed scientific results, interpretations, and work applications performed must comply with DOT's reputation and ability to uphold the public's trust. All , or its equivalent as provided by the DOT Scientific Integrity Policy posted to http://www.doi.gov their organization or State law. For more information go to URL: https://www.doLgov/scientificintegrity. 2. Designation of the Gila Box Riparian National Conservation Area, 16 USC, Section 460ddd. PL 101-628, Title II, Section 460ddd. (Part of the Arizona Desert Wilderness Act of 1990). Establishment, (g) Management plan. D. Standard Award Terms and Conditions 1. Code of Federal Regulations/Regulatory Requirements, as applicable: a. 2 CFR Part 25, Universal Identifier and System of Award Management b. 2 CFR Part 170, Appendix A Award Term - Reporting Subawards and Executive Compensation c. 2 CFR Part 175, Award Term for Trafficking in Persons d. 2 CFR Part 180 & 2 CFR Part 1400, Government-wide Debarment and Suspension (Non-procurement) e. 2 CFR Part 182 & 2 CFR Part 1401, Requirements for Drug-Free Workplace (Financial Assistance) on Lobbying: Submission of an application also f. 43 CFR 18, New Restrictions of the statements in 43 CFR Part 18, Appendix A, represents the applicant's certification Certification Regarding Lobbying. g. 41 USC §4712, Enhancement of Recipient and Sub-recipient Employee Whistleblower Protection. Attachment No. 1 ELM Agreement Name: Maricopa No. L18AC00046 County Department of Emergency Management (Pg. 13 of 27) Recipient Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County (a) This award and related subawards and contracts over the simplified acquisition threshold and all employees working on this award and related subawards and contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections Fiscal established Year 2013 at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for (P.L. 112-239). Recipients, and their subrecipients and contractors awarded contracts over acquisition (b) threshold related to this award, shall inform their employees in writing, the simplified predominant language of the workforce, of the employee whistleblower rights and in the 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). h. 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to the United States Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public's general benefit. i. Executive Order 13513, Federal Leadership on Reducing Text Messaging Driving: Recipients are encouraged to adopt and enforce policies that ban text messaging while including conducting initiatives of the type described in section 3(a) of the order. while driving, j. Executive Order 13043 , Increase Seat Belt Use in the United States Recipients of grants/cooperative agreements and/or sub-awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating but are not company-owned, rented, or personally owned vehicles. These measures include, employees limited to, conducting education, awareness, and other appropriate programs for their about the importance of wearing seat belts and the consequences of not wearing them. k. Executive Order 13658, Minimum Wage for Contractors, seeks to increase the efficiency and cost savings in the work performed by parties who contract with the Federal Government by increasing the hourly minimum wage paid by those contractors and any subcontractors. (see 79 CFR 9851). Refer to Section 13, item 4. of this document for full text term and condition. 1. Opposition to Any Legislation. In accordance with the Department of the Environment, and Related Agencies Act, 2006, Title IV, Section 402, no part of any Interior, appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any to legislative proposal on which Congressional action is not complete other than to communicate Members of Congress as described in 18 U.S.C. 1913. m. Endorsements. (1) 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 product, service, or position which the Attachment No. 1 BLM Agreement No. Maricopa L18AC00046 County Department of Emergency Management (Pg. 14 of 27) Recipient Project Title: Name: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County 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. (2) All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer: 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. (3) 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. (4) A recipient further agrees to include this provision in a subaward to and subrecipient, except for a subaward to a State government, a local government, or to a federally recognized Indian tribal government. n. 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 no credit will be given to the efforts of those parties contribution to the publication. In the event agreement is reached concerning the manner of publication or interpretation of results, either other. party may publish data after due notice and submission of the proposed manuscripts to the assume In such instances, the party publishing the data will give due credit to the cooperation but full responsibility for any statements on which there is a difference of opinion. o. Retention and Access Requirements for Records. (1) All recipient financial and programmatic records, supporting available documents, for access in statistical records, and other grants-related records shall be maintained and Retention and accordance with 2 CFR, Subpart D, Sections 200.333 through 200.337, Record Access. (2) Inspector General's (IG's) Office Access to Records - Recipients shall provide additional access for the IG's office to examine recipient's records and to interview officers/employees of recipient. p. 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 or Appropriations Act of 2015 (Pub. L. 113-235) prohibits the use of funds appropriated agreements to an otherwise made available under that or any other Act for grants or cooperative waste, or entity that requires employees or contractors of such entity seeking to report fraud, abuse to sign internal confidentiality agreements or statements prohibiting such waste, or otherwise fraud, or abuse to a restricting such employees or contractors from lawfully reporting of a federal department or agency designated investigative or law enforcement representative authorized to receive such information. Attachment No. 1 BLM Agreement No. Maricopa L18AC00046 County Department of Emergency Management (Pg. 15 of 27) Recipient Project Title: Name: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County Recipients must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting such waste, or otherwise fraud, or abuse to a restricting such employees or contractors from lawfully reporting of a federal department or agency designated investigative or law enforcement representative 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. 2. Order of Precedence. Any inconsistency in this agreement shall be resolved by giving precedence in the following order: (a) Any national policy requirements of the and applicable administrative management standards; (b) 2 CFR. Part 200; (c) requirements OMB Circulars and Treasury regulations; (d) special terms and conditions; (e) all agreement sections, documents, exhibits, and attachments; and (f) the recipient's project proposal. 11. SPECIAL TERMS AND CONDITIONS A. Deposit of Publications. In addition to any requirements listed in the Project agreement Management Plan, two (2) copies of each applicable publication produced under the this sender and the shall be sent to the Natural Resources Library with a transmittal that identifies Resources publication, and states that the publication is intended for deposit in the Natural Library. Publications shall be sent to the following address: U.S. Department of the Interior Natural Resources Library Interior Service Center Gifts and Exchanges Section 1849 C Street, N.W. Washington, D.C. 20240 B. Recipient/Subrecipient Personnel Security and Suitability Requirements 1. As implemented by Homeland Security Presidential Directive-12 (HSPD-12), if performance of this agreement requires recipient/subrecipient personnel to have a Federal government-issued Personal Identity Verification (PIV) credential before being Officer allowed will be the unsupervised access to a DOT facility and/or information system, the Program Card Sponsor for sponsoring official, and will make the arrangements through a DOT Access personal identity verification and DOT Access Card issuance. 2. At least two weeks before start of agreement performance, the recipient must identify all recipient and subrecipient personnel who will require physical and/or logical access for performance of work under this agreement. Physical Access means routine, unescorted Access or means unmonitored access to non-public areas of a Federally-controlled facility. Logical The recipient and routine, unsupervised access to a Federally-controlled at the information place and time system. specified by the Program subrecipient must make their personnel available investigations. The following forms, or Officer in order to initiate screening and background their equivalent, may be used to initiate the credentialing process: a. OPM Standard Form 85 or 85P b. OF 306 Attachment No. 1 BLM Agreement No. Maricopa L18AC00046 County Department of Emergency Management_ (Pg. 16 of 27) Recipient Project Title: Name: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County c. National Criminal History Check (NCHC) (local procedures may require the fingerprinting to be done at a police station; in this case, any charges are to be borne by the recipient or subrecipient, as applicable) d. Release to Obtain Credit Information e. PIV card application (web-based) 3. Before starting work under this agreement, a National Criminal History Check and to (NCHC) will be initiated to verify the identity of the individual applying for clearance is favorable, a determine the individual's suitability for the position. If the NCHC adjudication the DOT Access Card will be issued for that individual. If the adjudication is unfavorable, other arrangements for credentials will not be issued and the recipient or subrecipient must make recipient/subrecipient and performance of the work. In the event of a disagreement between the work under this the Government concerning the suitability of an individual to perform agreement, DOT shall have the right of final determination. 4. Recipient and subrecipient employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability constitute determination. Refusal or failure to furnish or authorize provision of information may the recipient grounds for denial or revocation of credentials. Government personnel by telephone may contact or in writing, or subrecipient personnel being screened or investigated in person, and the recipient or subrecipient must ensure they are available for such contact. 5. Alternatively, if an individual has already been credentialed by another agency through the Office of Personnel Management (OPM), and that credential has not yet expired, provide the further clearance may not be necessary. In that case, the recipient/subrecipient must status. sponsoring office with documentation that supports the individual's credentialed 6. Recipient and subrecipient employees who have been successfully adjudicated will be issued DOT Access Cards, which must be activated at a USAccess Credentialing Center. USAccess Those Recipient or subrecipient employees not located within a reasonable travel time of a access Credentialing Center will be screened and issued alternate credentials, such as temporary badges. During performance of this agreement, the recipient must keep the Program Officer apprised 7. of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the Officer, Grants Management Officer, and Issuing Office within 24 hours. If reissuance Program of expired credentials is needed, it will be coordinated through the Program Officer. 8. At the end of this agreement's performance, or when a recipient/subrecipient ensure that all employee is no longer working under this agreement, the recipient will identification cards are returned to the Program Officer. Information Systems Security Awareness Training. Before the recipient, or any C. employees Federal or subrecipients, are granted access to the BLM Federal computer system, they of its successfully complete the U.S. Department of the Interior's (DOT) Federal Information must first Awareness Online Course. This course was designed specifically for users of Systems computer Security systems. The course is a Web-based training product that explains the Federal importance of Information Systems Security and takes approximately one hour to complete. This course is mandatory for all DOT employees, contractors, recipients, and all other users of DOT computer resources. Topics covered in the course include: threats and vulnerabilities, BLM Agreement No. L18AC00046 Attachment (Pg. 17 No. of 27) 1 Recipient Project Title: Name: Maricopa BLM-AZ, County Wildland Department Urban Interface of Emergency Community Management Fire Assistance — Maricopa County malicious code, user responsibilities, and new developments affecting Information Systems Security. 12. DEFINITIONS & ACRONYMS Agency Review: If a recipient has a history of poor performance, financial instability, has a management system not meeting standards prescribed by the Uniform Administrative Requirements, has not conformed to the terms and conditions of the award, and/or is not otherwise responsible in safeguarding federal funds, they may be placed on Agency Review. Agency Review limits a recipient's access to funds by requiring that all payments must be requested, reviewed, and approved prior to their being released. Award Recipient: The Award Recipient is the recipient's individual who is authorized to act for the applicant and to assume the obligations imposed by the Federal laws, regulations, requirements, and conditions that apply to grant applications or grant awards. BLM: Bureau of Land Management may, also be referred to as Bureau. CFR: Code of Federal Regulations. DOI: Department of the Interior. FFR: Federal Financial Report or Standard Form (SF) 425. Financial Assistance Agreement: This grant or cooperative agreement. The term grant is defined as all Federal financial assistance that provides support or stimulation to accomplish a public purpose. Use of the term "grant" includes grants and/or cooperative agreements awarded by the Federal Government to eligible recipients. FY: Federal Fiscal Year which runs from October 1 through September 30 each year. GMO: Grants Management Officer, the only individual in the BLM who is authorized to obligate funds, award, modify, and/or terminate assistance agreements. GMS: Grants Management Specialist, the administrative individual authorized to prepare assistance agreement awards and modifications, but who cannot obligate funds, award, modify, and/or terminate the agreement. NTE: Not-to-exceed amount, the maximum Federal funding amount available for reimbursement to the recipient. OMB: The Office of Management and Budget. OMB leads development of government- wide policy to assure that grants are managed properly and that Federal dollars are spent in accordance with applicable laws and regulations. OMB Circulars that apply to this agreement may be found on the OMB Website, URL: http://vvww.whitehouse.gov/omb/circulars_default/. PI: The BLM Project Inspector, the technical advisor assisting the BLM Program Officer in administering and monitoring the technical aspects of the agreement. The Project Inspector is not authorized to modify this agreement or obligate the Government in any way. PO: The BLM Program Officer, appointed for the purposes of monitoring the technical aspects of the agreement. The PO will work closely with the RPM and is authorized to clarify technical requirements, and review and approve work which is clearly within the objectives specified in this agreement. The PO will review financial, performance, and youth employment reports, and review and recommend approval of payments to the GMO if a recipient is on Attachment No. 1 BLM Agreement Name: No. Maricopa L18AC00046 County Department of Emergency Management (Pg. 18 of 27) Project Recipient Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County Agency Review. The PO is not authorized to modify this agreement or obligate the Government in any way. Recipient: The organization and/or individual named in Box 5. of the "Grant and Cooperative Agreement" cover sheet. RPM: The recipient's Project or Program Manager, designated to direct the project or activity being supported by the agreement. The RPM is responsible and accountable to the recipient and BLM for the proper implementation of the project or activity. 13. FULL TEXT TERMS AND CONDITIONS 1. Department of Interior Conflict of Interest Term and Condition: a. The Recipient must establish safeguards to prohibit its employees and Subrecipients 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 Grants 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 include, but under are not the agreement and any other outside interests. Conflicts of interest may also positions of trust in limited to, direct or indirect financial interests, close personal arrangements relationships, with a different outside organizations, consideration of future the employment award that would cause a reasonable person with organization, or decision-making relevant facts to affecting question the impartiality of the Recipient and/or Recipient's knowledge of the employees and Sub-recipients in the matter. b. The Grants Officer and the servicing Ethics Counselor will determine if a conflict of interest exists. If a conflict of interest exists, the Grants Officer will determine whether in writing. a mitigation plan is feasible. Mitigation plans must be approved by the Grants Officer may be cause for Failure to resolve conflicts of interest in a manner that satisfies the government termination of the award. c. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). d. Definitions: (1) Conflict of Interest is defined as any relationship or matter which might place the Recipient, its employees, and/or its Subrecipients 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 the award employment arrangements with a different organization, or decision-making affecting 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 Subrecipients in the matter. (2) Close Personal Relationship means a Federal award program employee's childhood or other friend, sibling, or other family relations that may compromise or impair the fairness and impartiality of the Proposal Evaluator and Advisor and Grants Officer in the review, selection, award, and management of a financial assistance award. Attachment No. 1 BLM Recipient Agreement Name: No. Maricopa L18AC00046 County Department of Emergency Management (Pg. 19 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County (3) Discretionary Federal Financial Assistance means Federal awards including grants and agreements that are awarded at the discretion of the agency. (4) Employment means: (a) In any capacity, even if otherwise permissible, by any applicant or potential applicant for a Federal financial assistance award; (b) Employment within the last 12 months with a different organization applying for some portion of the award's approved project activities and funding to complete them OR expected to apply for and to receive some portion of the award; and/or (c) Employment with a different organization of any member of the organization employee's household or a relative with whom the organization's employee has a close personal relationship who is applying for some portion of the award's approved project activities and funding to complete them OR expected to apply for and to receive some portion of the award. (d) Non-Federal entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal award as a Recipient or Subrecipient. (e) Recipient means a non-Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term Recipient does not include Subrecipients. (f) Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program, but does not include an individual who is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." BLM Agreement No. L18AC00046 Attachment (Pg. 20 No. of 27) 1 Project Recipient Title: Name: Maricopa BLM-AZ, County Wildland Department Urban Interface of Emergency Community Management Fire Assistance — Maricopa County (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must 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 one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must 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. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR 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. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Attachment No. 1 BLM Recipient Agreement Name: No. Maricopa L18AC00046 County Department of Emergency Management (Pg. 21 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the Govemmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See §200.322 Procurement of recovered materials. 3. Appendix XII to Part 200—Award Term and Condition for Recipient Integrity and Performance Matters A. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; BLM Agreement No. L18AC00046 Attachment (Pg. 22 No. of 27) 1 Recipient Project Title: Name: Maricopa BLM-AZ, County Wildland Department Urban Interface of Emergency Community Management_ Fire Assistance — Maricopa County (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nob o contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and BLM Agreement No. L18AC00046 Attachment No. 1 Recipient Name: Maricopa County Department of Emergency Management_ (Pg. 23 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. -r. A 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, a contract covered by Executive Order 13658, and (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards 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 CFR part 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 contract 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 contract 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 Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor 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 www.wdol.gov (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 contract. (3) (i) The Contractor 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 subcontract 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 otherwise include any amount for general and administrative costs, overhead, or profit. BLM Agreement No. L18AC00046 Attachment No. 1 Recipient Name: Maricopa County Department of Emergency Management (Pg. 24 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract 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 Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7) The Contractor 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 (8) Nothing in this clause shall excuse the Contractor 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. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10)The Contractor shall follow the policies and procedures in 29 CFR 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- (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor 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- BLM Agreement No. L18AC00046 Attachment No. 1 Recipient Name: Maricopa County Department of Emergency Management (Pg. 25 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County (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 contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 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 29 U.S.C. 214(a). (b) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b). (c) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract 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 Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at wwvv.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors 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 contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor 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 Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. BLM Agreement No. L18AC00046 Attachment No. 1 Recipient Name: Maricopa County Department of Emergency Management_ (Pg. 26 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting 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 Contractor'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. (1) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting 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 Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Anti-retaliation. The Contractor 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. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, 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. END OF AGREEMENT Rev. 06/22/2016 BLM Agreement No. L18AC00046 Attachment No. 1 Recipient Name: Maricopa County Department of Emergency Management (Pg. 27 of 27) Project Title: BLM-AZ, Wildland Urban Interface Community Fire Assistance — Maricopa County THIS PAGE INTENTIONALLY LEFT BLANK