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HomeMy WebLinkAboutRES 390 Draft 01 2012-2014 J��v.us N,•s1 COUNTY OF HAWAII STATE OF HAWAII �rE cs•N►:I RESOLUTION NO. 390 14 . RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, PURSUANT TO HRS 46-7, TO PROVIDE FOR PARAMEDIC AMBULANCE SERVICE TO HAWAN VOLCANOES NATIONAL PARK WHEREAS, the Hawaii Fire Department works collaboratively with the United States Department of the Interior, National Parks Service to provide paramedic ambulance services to staff, visitors and the surrounding community of Volcanoes National Park on Hawaii Island; and WHEREAS, the cooperative agreement identifies the terms and conditions of the collaboration and services identified above, and provides clarification of each jurisdiction's responsibilities; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that County departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an agreement, of which a draft is attached hereto and incorporated herein by reference as Exhibit "I", and related documents with the United States Department of the Interior, National Parks Service, to identify the terms and conditions, and provide clarification of each jurisdiction's responsibilities. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai'i shall transmit copies of this resolution to the Office of the Mayor, the Hawaii Fire Department and the Finance Department. Dated at Hilo Hawai'i, this 13th day of May 2014. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTF; County of Hawaii AYES NOES ABS EX Hilo, Hawaii EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X ��- the vote indicated to the right hereof adopted by the COUNCIL of the - -I County of Hawaii on_ May 13 v 2014 KANUHA —��x— KERN ONISHI t -- ATTEST: POINDEXTER WILLE X YOSHIMOTO X ._ 9 0 0 Reference: _ C-827/FC-164 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 139-1 I LI Exhibit "I" Cooperative Agreement PI4AC00084 Page 1 of 16 Cooperative Agreement P14AC00084 Between The United States Department of Interior National Park Service And Hawaii County Fire Department Provide for Paramedic Ambulance Service CFDA#: 15.954 This cooperative agreement (Agreement) is entered into by the U.S. Department of the Interior, National Park Service (NPS), Hawaii Volcanoes National Park(Park) and Hawaii County Fire Department (HFD). ARTICLE I—BACKGROUND AND OBJECTIVES The objective of this Agreement is to provide for Paramedic Ambulance Service through the Hawaii County Fire Department and provides 24/7 paramedic ambulance service to park staff, visitors and the surrounding community. Until December 1999, the United States Army provided to the Park and surrounding communities 24-hour ambulance service originating from the Kilauea Military Camp facility located within the Park. Subsequent to that date, the Army withdrew their ambulance and related medical personnel, resulting in the need to dispatch ambulances from the city of Hilo, a forty-five minute to one hour driving distance from the Park and surrounding community. Since October 1, 2000 the HFD and the NPS have worked in partnership to fill the significant void for ambulance service to the Volcano area of the Island by providing 24-hour paramedic ambulance service to both the Park and the surrounding communities in the Volcano area. Since September 30, 2007 HFD has assumed the bulk of the funding for the ambulance service while the NPS continues to fund the lease of the GSA ambulance for$30,000. Such ambulance provided by NPS under a GSA lease and operated by HFD was incorporated into the county wide emergency medical system, adding to HFD's capacity to respond to both Park needs and countywide disasters. Due to the increase in GSA rates NPS requests reimbursement of funds for the ambulance lease above the $30,000 appropriated funds limit. This would continue the program with mutual benefit to both agencies by providing Emergency Medical services to the communities and visitors. ARTICLE 11 - AUTHORITY NPS enters into this Agreement pursuant to: Public Law 106-291, Fiscal 2001 Interior and Related Agencies Appropriations Bill, signed into law on October 11, 2000, for the federal share of providing emergency medical services; Cooperative Agreement P 14AC00084 Page 2of16 ARTICLE III—STATEMENT OF WORK A. The NPS agrees to: 1. Provide for the period of this agreement a modern type-1 ambulance to HFD through its lease from the General Services Administration, including gurney and emergency radio meeting HFD specifications. This lease will provide for the maintenance, fuel, oil, and general repair of the ambulance until the allocated funding of$30,000 is depleted. 2. Provide management oversight. 3. Meet with HFD on a regular basis to discuss operational procedures. B. HFD agrees to: 1. Provide ambulance services with trained paramedic staff to treat visitors and employees within the Park. 2. Stock the NPS-provided ambulance with basic and advanced life support equipment needed to provide emergency care. 3. Provide both basic and advanced life support emergency care inside the Park and the surrounding communities. 4. Reimburse Hawaii Volcanoes National Park for any expenditures above $30,000 for the ambulance lease. ARTICLE IV—TERM OF AGREEMENT The Agreement will become effective upon the date of the last signature and will expire five years from that 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. 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: For the NPS: 1. Programmatic Cindy Orlando Cooperative Agreement PI4AC00084 Page 3of16 Superintendent Hawaii Volcanoes National Park P.O. Box 52 Hawaii National Park, HI 96718 Phone(808) 985-6025 2. Day-to-Day Operations Talmadge Magno Chief Ranger Hawaii Volcanoes National Park P.O. Box 52 Hawaii National Park, HI 96718 Phone (808) 985-6030 3. Agreement Technical Representative(ATR): Darcy Hu Biologist Hawaii Volcanoes National Park P.O. Box 52 Hawaii National Park, HI 96718 (808) 985-6092 4. Awarding Officer(AO): Joelle Mascarenas Contracting Officer National Park Service Pacific West region 808-541-2693 ext. 741 Joelle—Mascarenas@nps.gov For HFD: 1. Programmatic Darren Rosario Fire Chief Hawaii County Fire Department Fire Administration 25 Aupuni St. Hilo, HI 96720 Phone (808) 932-2900 2. Day-to-Day Operations Cooperative Agreement P14AC00084 Page 4 of 16 Battalion Chief Hawaii County Fire Department Fire Administration 25 Aupuni St. Hilo, HI 96720 Phone (808) 932-2900 B. Communications - HFD will address any communication regarding this Agreement to the ATR with a copy to the Awarding Officer. Communications that relate solely to technical matters may be sent only to ATR. C. Changes in Key Officials -Neither the NPS nor HFD may make any permanent change in a key official without written notice to the other party 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. HFD shall request payment in accordance with the following: Not Applicable 1. Method of Payment. Payment will be made by advance and/or reimbursement through the Department of Treasury's ASAP system. 2. Requesting Advances. Requests for advances must be made submitted via the ASAP system. Requests may be submitted as frequently as required to meet the needs of the 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. Cooperative Agreement PI4AC00084 Page 5of16 5. Bank Accounts. All payments are made through electronic funds transfer to the bank account identified in the U.S Treasury ASAP system by the FA recipient. 6. Supporting Documents and Agency Approval of Payments. Additional supporting documentation and prior Agency (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 award, the ASAP system will notify the FA recipient when they submit a request for payment. The Recipient must then notify the NPS Awarding Officer identified on the Assistance Agreement that a payment request has been submitted. The NPS Awarding Officer 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 ensure proper payment, it is required that HFD register with the System for Award Management(SAM), accessed at http://www.sam.gov. Failure to register can impact payments under this Agreement and/or any other financial assistance or procurements documents HFD 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 Awarding Officer. 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, the HFD 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: The 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 Awarding Officer based on sufficient documentation demonstrating previously determined plans for or later commitment of Cooperative Agreement P 14AC00084 Page 6of16 cash or in-kind contributions. In any case, the recipient must meet their cost share commitment over the life of the award. Historical Budget (for information only): Year Annual Budiet Actual Cost Balance 2011 $30,000 $36,510 -$6,510 2012 30,000 29,588 412 2013 30,000 31,537 -1,537 ARTICLE VII—PRIOR APPROVAL The HFD shall obtain prior approval for budget and program revisions, in accordance with OMB circular A-110 as codified by 2 CFR 215.25. ARTICLE VIII—INSURANCE AND LIABILITY HFD agrees: A. To indemnify, save and hold harmless, and defend the United States against all fines, claims, damages, losses,judgments, and expenses arising out of, or from, any act or omission of HFD, its officers, employees, or(members, participants, agents, representatives, agents as appropriate) arising out of or in any way connected to activities authorized pursuant to this Agreement. This obligation shall survive the termination of this Agreement. B. To pay the United States the full value for all damage to the lands or other property of the United States caused by HFD, its officers, employees, or representatives [as in Paragraph I]. C. To provide workers' compensation protection to HFD officers, employees, and representatives. D. To cooperate with the NPS in the investigation and defense of any claims that may be filed with the NPS arising out of the activities of the HFD, its agents, and employees. E. In the event of damage to or destruction of the buildings and facilities assigned for the use of HFD in whole or in part by any cause whatsoever, nothing herein contained shall be deemed to require the NPS to replace or repair the buildings or facilities. If the NPS determines in writing, after consultation with HFD, that damage to the buildings or portions thereof renders such buildings unsuitable for continued use by HFD, the 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 Cooperative Agreement PI4AC00084 Page 7of16 to substitute and assign other facilities acceptable to HFD will constitute termination of this Agreement by the NPS. ARTICLE IX—REPORTS AND/OR DELIVERABLES None 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 215.33 through 35 apply to this Agreement. ARTICLE XI—MODIFICATION AND 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 Awarding Officer and the authorized representative of HFD. B. This agreement may be terminated consistent with applicable termination provisions for Agreements found in 2 CFR 215.61. ARTICLE XII— GENERAL AND SPECIAL PROVISIONS A. General Provisions OMB Circulars and Other Regulations—The following OMB Circulars and other regulations are incorporated by reference into this Agreement: 1. Administrative Requirements: a) OMB Circular A-102, Grants and Cooperative Agreements With State and Local Governments (10/07/1994) (further amended 08/29/1997) HTML or PDF (10 pages, 43 kb) b) OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations (11/19/1993) (further amended 09/30/1999, Relocated to 2 CFR, Part 215 c) 43 CFR 12(C) Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local (DOI Specific) Cooperative Agreement PI4AC00084 Page 8of16 d) 43 CFR 12(F) Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals and other Non-Profit and Commercial Organizations (DOI Specific) 2. Determination of Allowable Costs: a) OMB Circular A-21, as codified at 2 CFR Part 220,"Cost Principles for Educational Institutions" b) OMB Circular A-87, as codified at 2 CFR Part 225, "Cost Principles for State, Local, and Indian Tribal Governments." c) OMB Circular A-122, as codified at 2 CFR Part 230, "Cost Principles for Non-Profit Organizations." d) 43 CFR 12(A) Administrative and Audit Requirements and Cost Principles for Assistance Programs (DOI Specific) 3. Audit Requirements: a) OMB Circular A-133, "Audits of States, Local Governments, and Non- Profit Organizations." 4. Code of Federal Regulations/Regulatory Requirements: (as applicable): a) 43 CFR 12, Subpart E Buy American Requirements for Assistance Programs b) 43 CFR 43 Governmentwide Requirements for a Drug-Free Workplace c) 2 CFR Part 1400, NonProcurement Debarment and Suspension, previously located at 43 CFR Part 42, Governmentwide Debarment and Suspension (Non-Procurement) d) 43 CFR 18 New Restrictions on Lobbying e) 2 CFR Part 175 Trafficking Victims Protection Act of 2000 f) FAR Clause 52.203-12, Paragraphs (a) and (b), "Limitation on Payments to Influence Certain Federal Transactions." g) 2 CFR Part 25 Central Contractor Registration and Data Universal Numbering System h) 2 CFR Part 170 Reporting Subawards and Executive Compensation 5. Buy American Act: Pursuant to section 307 of the Omnibus Consolidated Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, Recipient agrees to follow the requirements in 43 CFR Part 12, Subpart E, Buy American Requirements for Assistance Programs: In the case of any Cooperative Agreement P14AC00084 Page 9of16 equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. 6. 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 seg.); 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 sec l.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex. 7. 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 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. 8. 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. 9. Minority Business Enterprise Development: Executive Order 12432— It is national policy to award a fair share of contracts to small and minority firms. Cooperative Agreement P I4AC00084 Page 10 of 16 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 43 CFR 12.944 for Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, and 43 CFR 12.76 for State and Local Governments. 10. Assignment: No part of this Agreement shall be assigned to any other party without prior written approval of the NPS and the Assignee. 11. 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. 12. 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. 13. 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. 14. 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 and in connection with this Agreement shall survive expiration or termination of this Agreement. 15. 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. 16. 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. Cooperative Agreement P 14AC00084 Page 11 of 16 17. No Employment Relationship: This Agreement is not intended to and shall not be construed to create an employment relationship between NPS and HFD or its representatives. No representative of HFD shall perform any function or make any decision properly reserved by law or policy to the Federal government. 18. No Third-Party Rights: This Agreement creates enforceable obligations between only NPS and HFD. 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. 19. 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. 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. 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. 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. 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. Cooperative Agreement P 14AC00084 Page 12 of 16 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 cooperator, 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 43 CFR 12.82 for State, local and Indian tribal governments or 43 C.F.R. 12.953 for institutions of higher education, hospitals, other non- profit and all other organizations. 5. Audit Requirements: Non-Federal entities that expend$500,000 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 revised OMB Circular A- 133, which is available at http://www.whitehouse.gov/omb/ ants/ runts circulars html. Non-Federal entities that expend less than $500,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, except as noted in A-133, §_215(a), but records must be available for review or audit by appropriate officials of the Federal agency, pass- through entity, and General Accounting Office (GAO). 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 43 CFR 12.66 or 43 CFR 12.926, as applicable. General guidance on the single audit process is included in a pamphlet titled, Cooperative Agreement PI4AC00084 Page 13 of 16 Highlights of the Single Audit Process" which is available on the internet at http://www.dot.Lov/ost/m60/grant/sincontact.html. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/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 of small business, minority-owned firms and women's business enterprises. 7. No Lobbying for Federal Funds: The Recipient will not seek appropriations from Congress to support any ongoing or proposed Recipient activity or project relating to the subject matter of this Agreement or any amendments or sub-agreements hereto, including without limitation federal appropriations for construction, renovation, property acquisition, leasing, administration or operations. Nothing in this paragraph is intended to preclude the Recipient from applying for and obtaining a competitive or non-competitive grant of federal financial assistance from a federal agency or from undertaking otherwise lawful activities with respect to any project or proposal included in the President's budget request to Congress; nor should this paragraph be Cooperative Agreement P14AC00084 Page 14 of 16 construed as requesting, authorizing or supporting advocacy by nonfederal entities before Congress. 8. 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, 2009 (ref.: http://edocket.access.gpo.gov/2009/pdVE9-24203.pdf). 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. 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 (22 USC 7104). 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 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 Cooperative Agreement P14AC00084 Page 15 of 16 (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 ii. 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.l 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. 3. 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. Cooperative Agreement P 14AC00084 Page 16 of 16 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. 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). ARTICLE XIII—ATTACHMENTS The following documents are attached to and made a part of this Agreement: A. SF-424 Application for Federal Assistance B. SF-424A Budget Information -Non-Construction Programs C. SF-424 B Assurances -Non-Construction Programs D. SF-425 Federal Financial Report The Standard Forms (SF) can be downloaded electronically at www. rg ants. or by contacting the NPS Awarding Officer. ARTICLE XIV—SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. FOR HAWAII COUNTY FIRE DEPARTMENT: Darrin Rosario Date Fire Chief FOR THE NATIONAL PARK SERVICE: Joelle M. Mascarenas Date Awarding Officer