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Circular A-87, Revised August 29, 1997, "Cost Principles for State and Local Governments" <br />Circular A-102, Revised August 29, 1997, "Uniform Administrative Requirements for Grants and <br />Cooperative Agreements with State and Local Governments" <br />Circular A-133, Revised June 24, 1997, AAudits of States, Local Governments, and Nonprofit <br />Organizations" <br />c. Agreements made with nonprofit organizations shall be in accordance with the following circulars <br />and provisions: <br />Circular A-110, Revised August 29, 1997, "Uniform Administrative Requirements for Grants and <br />Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations" <br />Circular A-122, Revised August 29, 1997, ACost Principles for Nonprofit Organizations" <br />Circular A-133, Revised June 24, 1997, AAudits of States, Local Governments, and Nonprofit <br />Organizations@ <br />d. All agreements with organizations other than those indicated above shall be in accordance with the <br />basic principles of OMB Circular A-110, and cost principles shall be in accordance with Part 31 of the Federal <br />Acquisition Regulations, Subpart 31.2 entitled, "Contracts with Commercial Organizations." <br />D.7. ASSURANCES INCORPORATED BY REFERENCE <br />The provisions of the assurances executed by the foundation in connection with this agreement shall apply with <br />full force and effect to this agreement as if fully set forth in these General Provisions. Such assurances include, <br />but are not limited to, the promise to comply with all applicable Federal statutes and orders relating to <br />nondiscrimination in employment, assistance, and housing; the Hatch Act; Federal wage and hour laws and <br />regulations and work place safety standards; Federal environmental laws and regulations and the Endangered <br />Species Act; and Federal protection of rivers and waterways and historic and archeological preservation. <br />D.S. COVENANT AGAINST CONTINGENT FEES <br />The foundation warrants that no person or agency has been employed or retained to solicit or secure this <br />agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, <br />excepting bona fide employees or bona fide offices established and maintained by the foundation for the <br />purpose of securing agreements or business. For breach or violation of this warranty, Reclamation, the states or <br />the Governance Committee, shall have the right to annul this agreement without liability or, in its discretion, to <br />deduct from the agreement amount, or otherwise recover, the full amount of such commission, percentage, <br />brokerage, or contingent fee. <br />D.9. CONTRACTING WITH SMALL AND MINORITY FIRMS, AND WOMEN'S BUSINESS <br />ENTERPRISES <br />It is a national policy to award a fair share of contracts to small and minority business firms. The Department of <br />the Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and <br />cooperative agreements to take affirmative steps to ensure such faimess. <br />a. The foundation and subrecipients shall take all necessary affirmative steps to assure that minority <br />firms, and women's business enterprises are used when possible. <br />Page 10 of 32