Attachment E -Federal Terms & Conditions.pdf

FEDERAL AWARD INFORMATION:

____Contractor is a Vendor ____Contractor is a Sub recipient Information Below Does Apply

Federal Award Identification Number: _________________ Federal Award Date: __________________ Total Amount of Federal Award: __________________ Name of Federal Grantor: _______________________ CFDA Number & Name: _______________________ Research and Development: ____Yes _ __No

Do you receive more than $750,000 in federal funds? _____Yes _____No

FEDERAL AWARD RESTRICTIONS: There are general Federal cost principles that are applicable to all Federal Awards. These general principles are outlined in Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards (2 CFR Section 200.0 – 200.521). The local health districts are required to adhere to these principles while managing federal grant awards (specifically Subpart E – Cost Principles). The Electronic Code of Federal Regulations can be found at www.eCRF.gov.

General Provisions Sections: 200.400-200.401

Basic Considerations Sections: 200.402-200.411

Direct and Indirect (F&A) Costs Sections: 200.412 – 200.415

Special Considerations for States, Local Governments and Indian Tribes Sections: 200.416-200.417

General Provisions for Selected

Items of Cost Sections: 200.420-200.475 (with exception of 200.424 and 200.475 as these are more applicable to Higher Education Institution and other nonprofit organizations.

The Virginia Department of Health, Office of ___________________, as a pass-through entity for numerous federal grants, is responsible for ensuring certain activities occur with respect to monitoring of sub-recipients. The above requirements include, but are not limited to the following:

Sub-recipients receiving more than $750,000 in federal funds, during the sub-recipient’s fiscal year, from any and all sources are required to have a single audit performed in accordance with code (§200.501(a)). When required, the most recent copy of the audit must be provided to the assigned contract monitor within 30 days of the effective date on this Agreement. If any findings were noted in the audit report, corrective actions taken to fully resolved the finding must be provided. If an audit occurs during the term of this Agreement, a copy of that audit and http://www.ecrf.gov/ response to any findings must be provided as well. The sub-recipient must provide a written statement if the organization did not receive more than $750,000 in federal funds.

Federal Funding Accountability and Transparency Act (FFATA) Effective October, 2010, all entities that plan to apply for and ultimately receive a Federal grant/cooperative agreement or receive sub awards directly from recipients of those funds shall:

• Be registered in System for Award Management (SAM) prior to submitting an application or plan. The SAM is a Web-enabled government wide application that collects, validates, stores and disseminates business information about the federal government's trading partners in support of the contract award, grants and the electronic payment processes.

SAM information must be updated at least every 12 months to remain active (for both grantees and sub-recipients),

• Have a DUNS number,

• Provide address for primary Virginia service location including nine digit zip code,

• Provide Executive compensation information for five most highly compensated officers if all of the following apply:

o Organization receives 80% or more of its annual gross revenues in Federal awards, o Organization receives $25,000,000 or more in annual gross revenues from Federal awards, o Executive compensation has not previously been reported to any Federal Agency through any other reporting system.

(If applicable)

Monitoring: The Department will monitor the Contractor to evaluate the progress and performance of the program. The Contractor shall furnish the Department on request information regarding payments claimed for services under this contract. The Department and Federal personnel shall be provided access to all program-related records and facilities under reasonable request.

The Contractor shall retain all books, accounts, reports, files and other records relating to the performance of the contract for a period of five years after its completion. All accounting records must be supported by source documentation and retained in order to show for what purpose funds were spent. All such records shall be made available and produced for inspection when required by the Department.

Should an audit by authorized state or federal official result in disallowance of amounts previously paid to the Contractor, the Contractor shall reimburse the Department upon demand.

Time and Effort Reporting: The Contractor shall comply with time and effort reporting as required by the Federal Office of Management and Budget (OMB) Circular A-87 (Cost Principles for State, Local and Indian Tribal Government). 2 CFR 200.430 Compensation-Personal Services. All employees paid in whole or in part from grant funds should prepare a timesheet indicating the hours worked on each specific project for each pay period. Based on these time sheets and hourly payroll cost for each employee, a statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files and shall be made available for inspection when required by the Department. The Contractor shall retain all books, reports, files and other records relating to time and effort reporting for a period of five years after completion.

Audit of Financial Records: The Contractor shall comply with the audit and reporting requirements defined by the Federal Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local Government and Non-Profit organizations) as applicable. 2 CFR 200.430 Compensation- Personal Services. The Contractor will, if total Federal funds expended are $750,000 or more a year, have a single or program-specific financial statement audit conducted for the annual period in compliance with the General Accounting Office audit standards. A copy of the portion of the audit that affects the program will be submitted to the Commonwealth of Virginia. If there are no audit findings, a letter indicating no finds shall be submitted. The copy of the portion of the audit findings or the letter indicating no findings shall be sent to the Virginia Department of Health.

If total federal funds expended are less than $750,000 for a year the Contractor must meet the above audit requirements or maintain financial records for such audit that are available for review by appropriate officials of the granting Federal agency, pass-through entity, and the General Accounting Office.

(If applicable)

APPROPRIATIONS: The Contractor acknowledges the understanding that this Agreement is subject to appropriations and constraints by the State or the Federal government budget.

SMOKEFREE ENVIRONMENT: Public Law 103-277, also known as the Pro-Children Act of 1994, requires that smoking not be permitted in any portion of any portion of any indoor facility owned or leased or contracted for y an entity adjusted routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 for each violation and/or the imposition of an administration compliance order on the responsible entity.

SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the purchasing agency. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the Departments names, qualifications and experience of their proposed subcontractors and shall assure compliance with all requirements of the contract. Subcontracting with local health districts is not allowed.

INTEGRATION AND MODIFICATION: This Agreement constitutes the entire understanding of the parties as to the matters contained herein. No alteration, amendment or modification of this Agreement shall be effective unless in writing and signed by the duly authorized officials of both The Department and Contractor.

PRICE ADJUSTMENT: This is a cost reimbursement agreement that is negotiated prior to annual renewal each year depending on the approved budget. The Department approved, price adjustment may be allowed at any time during the term of this Agreement.

CONFIDENTIALITY OF PROPRIETARY INFORMATION, DUPLICATION AND DISCLOSURE: The

Contractor agrees that proprietary information disclosed by the Department to the Contractor for the purpose of a Memorandum of Understanding shall be held in confidence and used only in the performance of the contract. No item designed for or by the Department shall be duplicated or furnished to others without prior written consent. All products and materials including but not limited to papers, data, reports, forms, records, materials, creations, or inventions relating to this contract are sole and exclusive property of the Department. All such materials shall be delivered to the Department in usable condition at any time requested by the Department.