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Home My WebLink AboutAgenda - 01-21-2010 - 4mORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 2010 Action Agenda Item No. ~- - m SUBJECT: Contract between the NC Department of Agriculture and Consumer Services and Orange County for 2009 Specialty Crops Block Grant Program - _ Enhancin Sustainable Specialty Crop Production in the Piedmont DEPARTMENT: Cooperative Extension & PUBLIC HEARING: (Y/N) No Economic Development ATTACHMENT(S): Contract (Under Separate Cover) INFORMATION CONTACT: Noah Ranells, Economic Development, 245-2330 Joey Knight, Interim Cooperative Extension Director, 245-2050 Brad Broadwell, Economic Development, 245-2325 PURPOSE: To approve a $20,000 contract with the NC Department of Agriculture and Consumer Services (NCDACS) - 2009 Specialty Crops Block Grant Program to support activities of the PLANT @ Breeze Farm Enterprise Incubator Program. BACKGROUND: A proposal entitled "Enhancing Sustainable Specialty Crop Production in the Piedmont" was submitted to the NCDACS 2009 Specialty Crops Block Grant Program on June 19, 2009 by Orange County Cooperative Extension & Economic Development. The grant proposal was developed to support the emerging needs at the PLANT @ Breeze Farm Enterprise Incubator Program. Specifically, grant funds will be used to support training and field activities including sustainable soil and water management, insect, disease, and. weed management, fruit and berry applied research, and business planning. Training supplies and hiring of a mentor farmer will allow for program expansion to better serve apprentice farmers and workshop participants. The PLANT @ Breeze Farm Enterprise Incubator is a successful part of the concept plan for the WC Breeze Family Farm Extension and Research Center developed at a Fall 2006 joint meeting of Orange County representatives and administrators from the North Carolina State University College of Agriculture and Life Sciences. Implementing the concept plan for the WC Breeze Family Farm Extension & Research Center is guided by the Breeze Planning Committee, composed of Orange County Cooperative Extension and Economic Development staff as well as representatives from NC State University, NC A & T State University, and the Center for Environmental Farming Systems. There was agreement by the Committee to submit a grant proposal to NCDACS 2009 Specialty Crops Block Grant Program to further develop the Incubator Component of the Breeze Concept Plan. 2 In 2008 and 2009, an 8-week workshop series trained 105 current and potential farmers on small scale sustainable vegetable, fruit, and livestock production. Participants included current and former tobacco farmers and quota holders, as well as African-American, Asian-American, and Native American individuals. Age of participants ranged from 23 to 64. Cattle and row- crop farmers have also participated in the training program. Mentor farmers from Alamance, Caswell, Chatham, Orange, and Wilkes counties represent the statewide agricultural diversity and testify to the support of the program by established farmers. In 2009, a total of 11 enterprises (17 individuals) have completed business plans and rented planting beds at the Breeze Farm to grow produce and specialty crops for commercial purposes. Apprentices included African Americans, as well as two individuals from former tobacco growers and /or quota holder farm families. Crops were marketed through farmers' markets, community supported agriculture (CSA), restaurants, wholesale to Whole Foods, and a farm stand. Many farmers who participated in the program during 2008 and 2009 also own land and are fortunate to be able to begin or grow their operations after participating in the PLANT program. Evaluations of the 2008 and 2009 workshop series and the 2008 apprentice program indicated overwhelming satisfaction. This project was the only grant from North Carolina that was selected by USDA, Agricultural Marketing Service -Specialty Crop Block Grant Program staff for use in a model state plan to further publicize this grant as "new and different". FINANCIAL IMPACT: There is $19,035 match required and fulfilled by $9,035 from existing staff support and $10,000 from the annual BOCC allocation to the Breeze Farm. No new funding allocation is required. Previous and current County funding coupled with the commitment of County staff provided leverage to obtain this competitive grant. Staff resources in Cooperative Extension and Economic Development will continue to be dedicated to guiding activities at the Breeze Farm. RECOMMENDATION(S): The Manager recommends the BOCC approve the contract subject to County Attorney review and authorize the Chair to sign the contract documents. 3 ~,Sr., ~ .,b,\~ i~; ~~~' .`. ~xp 1 !; t.~.!,~~ M :I~~ °~~' ~ I •q 7 ~f ; ~.: ~~1::: ::: •~,~i0a}J, scene Troxler North Carolina Department of Agriculture N. David Smith Commissioner and Consumer Services Chief Deputy Commissioner December 15, 2009 Orange County Cooperative Extension & Economic Development 200 S. Cameron St Hillsborough, NC 27278 Dear Dr. Ranells: NOTIFICATION OF FUNDING OFFER On behalf of Commissioner Steve Troxler, and the North Carolina Department of Agriculture and Consumer Services -Marketing Division, it is with great pleasure that I offer to you $20,000 for your project approved under the Specialty Crop Block Grant Program (SCBG). The name of your approved project is "Enhancing Sustainable Specialty Crop Production in the Piedmont', and is for the purpose of enhancing the competitiveness of North Carolina grown specialty crops in either domestic or foreign markets. These funds for the Specialty Crop Block Grant Program are being provided to the Department by the US Department of Agriculture, Agricultural Marketing Service. Enclosed are two original contrails for your review and acceptance. By signing and dating these documents you are agreeing to the specific stipulations; the general terms and conditions; special provisions, and specific reporting requirements. It is requested that you return both original contracts, making sure that the contracts and certain forms have been signed and dated. Some documents may be required to be notarized, please make certain documents are notarized, as applicable, before they are returned to the address provided on page 4 of your contract. Upon final execution by the Department, one original contrail will be forwarded to you for your records. If you have any questions about your contract or any of the forms contained in your offer packet, please call Scott Bissette at telephone 919-733-7887, or feel free to send an email to scott.bissette@ncagr.gov. I would like to take this opportunity to thank you for participating in Specialty Crop Block Grant Program for enhancing the competitiveness of specialty crops here in our State. Sincerely, r N. David Smith Chief Deputy Commissioner Enclosures -Two Offer Packets Cc: Sandi Cummings, Departmental Grants and Contracts Administrator Email: David.Smith@ncaar.gov 1001 Mail Service Center, Raleigh, North Carolina, 27699-1001 (919) 733-2113 • Fax (919) 715-0026 An Equal Opportunity Affirmative Action Employer 4 STATE Dp AfORTH CARt~L,INA . CGi;1AlTY {1F W1~KE •ocpartmei~tat Use only ~~.~~4%ra~i ;a~' ,,~,, ~y+~, ;~. CLhITER: ri"tEl'y I;' i;; trt:+z.~~,, ACGOUfs1T: .~-. _ -- " ~~ •I ~>} ~' NORTH C~-ROLINA D~PARTMEhiT t}F AGRICULTURE AND CONSUME=R SERVICES Division of Marketing 209 Specialty Craps Black Grant P'ragram contract # This Contract is hertyby enleied ;nto by and 5etvreen the [forth Carhline Depart:~cnt of Ay:•icullure and Cortsurner Srrvires, Diyisior. of ivlZrkating, {the 'Aflercy"} and prancte Count;+ Gr~Une-alive •Extens:un $ Ectiltamic Dr,•velrsprnent (the "Grantee'} (referred to callcctively as the "Parties"}. Tt~: Grantee is lace:ed ir+. Greece C~{]urity. Tht: Grantee's phi+51C41 address is 1i0 E. King SEreei .. HillsborouGt_; , NC 2:i27t3 . iSYCetl3ddressy {amity} ~ tS~:x;) (7_i~C:crJr.} The purpose n° this Contract is I:a enhance the competitivcneSS of North Caroiira c~~trrlrr Specialty crops. Tfta Granier.'S project title is Fnhanci~tt: Sustainable SnPrialt~~ Crop Proouction ire ;h~ f?iedntont. Funds awrjrded under the Contract must be used far Ehc ;7~,rposes for which they tiwt;re; inleni!ed• contract Documents: This G~rttract consists a; th4 follvw;ng documents: (1 y Tltis Contract (2} The General Terms and Corditians (.4tt~rfnrnent A) {3} The 6'Vorlc Plan {,Attachment [3) {d} Time Line (AtEaclt~~erlt C) (Sj fhe lute item budget and budget narrative i;Attachment Ly I;F,) Audit Requirements (Attachment E) (; i 5pt:ciat pravlsions (Aitachmen# F} TI?ese aocumentS constitute the entir~s agrerrnent between the Parties anc s~.:persede all pr ar or.a~ ur written st:~ternents or agreements. II. Precedence Among Contract Documents; In the eaent of a con`lict br;t~.se~n o~ aittong the ter~~s of the Contract Documcrrts, lt~~ teems ill the Contract Document with :ha hirdhrst rrl,~tive precedence snail prevail. Th4 order ofi preeeclence shall be the order of documents as 'str~i ii ~ Pei Ggraph 1, above: t~~ith the first-,istr;ti dacurnertt h2v9ng the highest precedence and the I~st-listed :locumcnth~n+lrc~ tht; la~yesi precec'.ence. If there arc mult~ple Contract Amendments, the mast recent tamendment stud have she hiyl-esl preceoence and the o dest amendment shrjii have ttte lowest p~cct;dt:rce. III. Effective Period; This Contract shall be efFecti•,re on January 1, 2410 and shell terminate nn DecemS~r 31.2U' CJ vritli the option to extend, iF rnut;.lslly ag eed upon, tFraugti a ovrittelt arnenrimr~rst r:s provided for it Elie General Terms and Conditions 8s described in Attricitment A and suGrr•i:tecl to .he f~gency60 days prior to the expiration of this Contrail as stiptFluted in Coe Special Qroyisir_+sts (Attac:?ment I-}• IN. Grantee's duties: Th$ Grantee shall prr~vidr: ll~ie services as described ir' A.tac:tmen: tt. th.P tiAjnrk f'Isn and in a•.;r.#rdarlcre vrith the approved hudyet in Attachment D. NfiO I o'm ~~G~3 G~n-r.3a Crn•er Cff. ~r2o-J-v" Rerset17r2~~J7. ,::ZC~L"J,11~UP tct:G+'t&CS t:nv?m~7enta Cntt° r',3gF 1 of is 5 Tt~e G~ai7tee shall complete tine fuliowiiig items, ~rohich have been attached to this Ct;r:tract, and s~.bmi: them to kne Agency along r-i:li rive executed copies of this Gontrack. (1) NC OpenBook Supplcmcnt.al hiFormation [7} Signature,4uthoriztrtian Card (.i) ~lec7onic Payment farm ~. Agency's Duties; TheAgencyshall paytlhe Grantee in t:,e manner anci in the ar-~aunts specifics inthc; Contras; DQCU:rtents. The totGl amoi.nt p3it~ by the Agency to tie Gr¢:r:tee undLr Phis Conti~ct shall rq: exr:eed s 2o.aao. This amount consists of $ 20.600 in F'edercl funds. tGFDA ~ 1 U.17r)) x ] {1' There are no matching requiramcnts from the Grantee. [ ] {2;i 'I'i~e Grantee's matching requirement is $ , ~~mict: shall eensist of: [ ] In-kind [ ] Cash [ ] Gash and In-kind [ ] Cash andfor In;tind The cor.:ribufions from the Grantee shall be sot.rcr3d from non-fedsrGl funds. flny funds c;r;rrrrr:illeci as matching Rands must be spent concurrently with the federal funds ativardrd in this Contract (i.3. past expenditures prior to submission and approval of the Grantee's applic4tinn shall not ~e used 1. The taLGl contract amount is $ VI. Conflict of Interest Policy: Tt~e Agency has determined that the Grantee is a c~avcrnrnental agency and is not subject to Iti.(;:.C;.S. 1 ~};ifi-B-?.:t(h). Therefor+e, the Grantee is nit required to file a Confl ct of Intrarc:sl Roticy ~vit:~ tl;e F+.gen~y prior to the d sbursrtment of funds. Vil. Statement of Nc Overdue Tax Debts: T:ie f~gency hag deta:rrnined that the Grantee is a gavcmmt:ntal agency and is not subjt;ct to N.G.G_S. 43C• G-23{c). Therefore, the Grarrt~;e is not required to file a Statcr:cnt rff No Ot~ercue Tax ~e5ts .;rior to tie disixirtiernen!S of funcs. VIII. Reversion of Unexpended Funds Any unt;xpenced grantfunos shall revert to the 1~cency upon te~minat•.an of this C[ir~ir.ect. IX. Reporting Requirements: ~' 1 Sate fN_C_G_S. 143C-6-231 The Agency has determined that the Grantee s a governmertal ~ncityano is not subject is t .c State reporrting rc~u:rernents mandated by N.C.G.S. 143C-i:t-23. The^ePure, the Grantee dace not haue to File annual electronic reports smith thr: N{: Office of State Budget t£ Nlanec omeri_ (2) F,clency Reoortinn REauirPments Interim Parforrr~ant;r; Reports: Grantees stsall submit tie Agej~~y's pr:,gramtnatic rr=;,c~~tinc; :arms due April 1 ar~d 30 days after :he anniversary date of the 2ward until complctior. Anntaal Performance and financial I~epcd;~: Grantees shall submit the Agency';; f~rac:rt_rn::~.31ic ~eportinf; farm and the: tin:irrci;~l reporting form si7 days after the e~ici of ltie f rsi. year Ot L•12 clan: of the tally axccuterl Contract and each year thert;raftcr ,anti) t~ir hriai expiration date at the Gon,ract peric}d. I i' the Cor~trac; period is ono year or less, only final I~erformince and flnan^ir~l rt:lxnls are rertaired far the entire ;~rajec~ period_ NGO f-ono C•~i~3 Contr7at C::,.+r_r~ Eff. rJ/2G0 Reviser. 7+20C; , a~1~7G4i. '. 2iU3 NCDaBcCS Go~ren~~n~.ent~~l Ertities f'a~7p 2 .~t G 6 ?C. Payment ~rovistong: Up~~ t:xc:c:u•_ian of this Contract, the Grantee shall submit ter ttie Agency, at least mors:hiy, rc:rnkx.rsement requests and, upon approval by the f~yency, shall receive pQytneitt .+lithin 30 days, If this Ctyn[ract is Terminated, the Grantee shall carrpfetea final secaun:ing reportancl return any urexl7erded funds to tlle.~gency within 6Q days of the contracE termination date. The ficencyshalt :-hove: na r}blige_iar. to hon0` requests for payment based o,7 expe:tditure reports sulamit-Prt Inter than fit) days after termination or Pxpiration of the contract period. T•ie Grantee shall put all funds reosiveti frnrn the Ayerticy in ar interest beai:r.g account. In:crr~st earned shag by reported nn the; Agr:ncy "Request for Reimbursemar.t" :orm, 'f..c G~3niee rr•.:ay Keep interact amounts up tp S10t} per year far administrative expenses, tivhich bare been aeterrriirred as alln~ua7le costs. lnteresl earned in excess of $7U0 must be returned to it+~: Acer~y r10 rater :hen GO Cay4 :after tle cdnlract is terminated or expires. If it should bP dFterrnsned the; `unr<s are no~_ being Pxoended for the purpose for •d~hich they wcru awarded. the t~gency shall cease mak:i:g further payrha•~ts untl the problem has been rosolvcd and the Gr~rrilee wilt be reyt;ired to im:r•.ediatr~ty rorurn erg unst:•ent f~.ands plus any infarost for tivr~cFr it is determined that funds were misused. The Cira~tee shall acoauntforany incomeearnec, which mayresul: from arryfun.•~s 3vrt~:di=d order tPis Co:itr.~c:: net i'-ie Agency "Request for Reimburserner.#" farm. EliQihle uses of int:o•••e ear led are: a. expanding the project or pr4rr.rm; ~. continuing the project or program after the grant ends: or c. supporting other projec~s or programsthatfurtherttre broad oajectivrs ref :Peer St:t-:c:i:elty Crop Block Grant Program. Reir;•a.rrsement requests shaJf be completed On a''Rer~uest for Rrimbt.rsemenY'fotm anc 'urn shed to the Grantee by the Agency. Ali reimbursernent4ryrrns rnustinclude support documentation, incluc°ng bur not limitr~d tq, aspics of invoices; individual time shee#s and travel lobs that halre beer sipncc by the emp!oyL:rs and supervisor: salary registers ar payrolls that include fringe aenefits. hau~ly talcs ra`::ssrti~, and Sici;r:iture r7f ltte Grantee's responsible financial person: canccllcd checks and "seasP agrrerner•ts. Ten percent {7U°~6) of the total funds awarded under tt,is Contract shall be retained by the Agency until both ti-~r•, final performance and fintincia~ reports are sut3rnitted b)~ :he Grantee and Gpprfl:sec by the Ar~err:y. Exoencitures incurred pror to the subrrt:ssion and final ox~.cutivn of ttsr; Gvrrlrac: by lt•~e f1~~etrcy :~;e deeii~ed to be unallowable expenditures, and therefore, wvill not be reimbursed. All motel piny funds, including in-kind 2nd c$sh, must ire spent conc[:rrently 4vith funds I.-ravided ay this Gor,trart. B¢th types of mstciiing `unds expended she! Ge Gccountect fw on aoquL`SS fw RPirnhursBrrrertt Forms, and support documentation for all matching cxprndt`urt;s ;,~aA tx: incctutrd ~+~itti U7e fors. ~Ci. Contract Adrnintstratars: All notices permitted ar required 3o be raven !~y Doer Party to the; other arui a'I gt,estions about iF7e Contrac: frarn one Party to the other shall be addressed and rielrvP.rPri tl7 tt1P.:7thr:r Paity's Contract P.dministrator. The narr~, postrsffirc.^,ci[lr~:s5: sirc:f:l r3defress, tele:.ilwna nundter, fax nu:n5er, and email address of tho Parties respP~;tive initial Gontrac:t rldministra:ers are set out belo~v_ Either Partymaychangvthe na~r:o, post cafiit;rr undress, slreeEaddiess; te:ephone number; fUx number, or r;mait adrre~s of its Contrdcl Acrninist.rator by giving timely vrriiten notice to thv other P~,riy. NGO Fora COGS Cpni~^z~ Cover Eif. 5,'20G:i RP~f15?A 72LC7, ii+2]U3. 12+L''J NCDAtE~CS Go~;srn~ncrt~l Cntltl~s ~,~r P 3 r~ 7 For the Agency; IF DELIVERED BY US POSTAL SER1iIC1= Name: Srntt-Bissette Title: Contract Admi~iistrator NGDA 8~ CS P~larketing aivESion 1024 Mai: Scrv:oc Center Raleigh, ~tC 2:~t;99-1920 '1'elephare: 919-733-7887 ext z37 Frrx: 919-716-0')55 EmaiL• scott_aisset:flQncagr.Srrv IF DELIVERED [3Y ANY QTHER h'IEA'V5 _ Name: Scott Bis.Sele Title; Contract Administr:alar IVCDA & CS 1Ularkefing Dlr,`ISiDR 2 West Edenton Strr=.et Raleigh, NC 27601 Alternate Contact Name: ,fohn Kimbcr l'elephane: 919-7~3-7887 I-ax: ~11y-11ci-U155 Email: jphn_kimberLa~ncac~r.go~~ Fear the Grantee: (1~11'nforrr7atiol: must be camp!ftrd) IF bELI~~ER1=D BY US POSTAL 5E_RVICE ••Plame: Noah Ranells Title; County Extension Director Orange County Cooperative Extension it< Economic De~e~ap: ent PC} t3ox 1177 Hii~st~orough, NC 27278 .-ele p h on e: 919-245 -2330 Fax: 919-h~A-:iC10£i f:U.Ufa 1F DELIVERED [iY ANY OTHER MEANS Name: -~• ~ •_-_ Title: _~~ ~ • Granre +County Gooperative [x:cnsion ~ Ec;ai ramie Development 110 E_ King S:revt HiLsborough. wC 27278 Alternate Contact Name: Telephone: Fax: Errts~: Xfil. Supplementation of Expenditure of Public Funds; The Grantee asBUres that funds received pursuant to tF~ig Contract sital~ ~e used cl:ly to supfskmer;, •:c,l to sr_pt,:ant, tF~e total amount of federal, spate and local public fundsthatihe Grantee othc:nwisr:rxpe+~ds for activities in;`olved with specialty services and related programs- Funds received under this Contract shell be used to provide rcditional public tundinc~ for such services. The funds shell not be usod to reduce the Grantee's total expenditure ofi other public fun[!s Inr such ser~ices_ X111. disbursements: Ins a condition of this Contract, thrr Grantee cei _ifies that an adequate accauntiny system avid good internal co:-Itrots are in place tc~ ensure expenditures and reimbursements are reported and maintained, In additivrti, ll,e Grantee af;rees to makE disbursements :n accordance ~rfith the =ruowinr requirements: a. Implement adaGuatc internal Controls over disbursements; ~. Pre-audit all vpuctrers presented for pa}~rnertt to ciaterminr: Validity and accuracy of aaymon: • Payment due daka • Adequacy of daeurrtentation supporting payment + Legelity of disbursement r.. Assure adequate contra) of signature 5_urnpsiplales; d. Assure adequate control of negotiable ~r7slruments; and e. Implement prUCedures to insure that account balance is snlvFrt .and to reconcile the account n-or,thly. }[IV. [}utsourcing: "l I-~o Grantee certifies that it has identified to the ,mac cncy all jrybs relaletl to the Contract that I~ave ueen oulsuui Ced to other countries. if any_ Grantee further agrees tho' it ~,+IIII not arrtsonrr:P any such ;rybti during the term of this Contras= without providinc prior notice to the ~gcnc~`. VGQ Four ~JOC~s t:•.;~i1dcLG~f6~ EfL ~"2GI55 :tcrrlsed7r~C77 $i7iif~4, I~:Y19 NCrSAkC S Go+rcrrmsn:al Enti~°s P:ryEs : of 8 XV. Signature Warranty: The undersigned represent and vJarraitt thattiiey are autllarized tv bind thei.~ priircipafs t_o t:ie k~rms at :his agroament. In Witness Whereof, the Gra-ttee and the Agency have executed this Gantract in duplicr3tc 37rigin•als. with one original being retaired by each ~.erty u~aii its foil execution. i~range County Cooperative Extension 8G Economic Development Signaturr. Printed Names Title NaTARY; $4a4rn to r:nd suusrxibed before me on this the ••_• ,day Of cxpi res on _ t~4y ;,ommissia~ Si~nslur+E of Itok2ry Printed N2mo ~f I~atary SF_~L }~•.~Y n ~~r, SY __~i';~ NDR7H CAI~OI.It`lA dEPARTMIEAIT OF AGRICULTURE APID CBNSUMER SERVICES a~is~ ~ ~~ Siy nature ---- --- - • • .. - . M, i7avid Smit't. t;t-:eF peauty Coma issiv_ner Printr;d Name and Title ..--- - .. Dot:, Late NPif] F<:r~i GC•~9 Corlr~el Cov6r (~tieprnr-iFntvl crd'Hieti CA::,'r'L~'03 :tensed 'r2~~i~?, •3+?"•99. 1?~09 ~GnkRCS Fa~c ~ of 3 6tf E ~ ~ ~ ~ f~ r'9' 11.'x+ liltt,~klt'Ial'k,tr`~~~5'!.t,fi ;3~rlfirl!6! ! ~'~.!JJk.i f f,IF! ~!~ ~'~'{i r'~x,' i~`~4y~e~~' ~i~sYiF~ Atttachment A Gen&ra) Terms acrd Conditions Relet:ionships of the Parties Independent Contractor: Thy Grantee is and shall be Geenyed Go be an independent Cantractnr in the perforrrra~nee of this Contract anc as such sh~:ll be v.~>>olly responsible for the work to hR perfnrrntd and for the supervision o~ its ernpk,yr:es. The Grantee rep<esants that it has, or shell securer at its overt expense•_ all personnel required In perforrirg :he sar,riccs a-der this ayreemer.•t_ Such emplolraes shall rot be employees of, or fr~7ve any individual contractual 2latianship with; the Agency_ Subcontracting: The' Gr~~nte:e stsall rat subcontract any of fire work contempi;aed under tt,is Contract tivithout prior written approval from the Agency. Arty approved subcontract shall ha 3i.ibject to all conditions of this Contract. p,71y the subcontractors or subrranter`.s specified 9n the Contract dcrc:urnents are to be considered appro~~ed upon award c~ tho Contract- Tfre Agency shall not be obligated to pair far eny work perfarmeu' by ersy unapproved subcontractor or subgrantee_ The C~rant.:c shall be resporrsibte for tho pgrfvrrna~rce rsf all of its sub3rantees once' sh,:ll net be relieved of any of the duties and responsibilities of thin Contract. Subgrantoas: The Oran!ee has the resparrsibi[ity to ~iisure lr~at ale subgrantees, if .sny, provide all infonnratio!3 i~cccssary to perrrrit the Grantee to comply .vith the stanrrards set forth in this <;nn:rr:rt. check{s). In n0 event Shaall Such approval and action obligate the State W r,nyane other Phan the Grantee and the Grantee steal' regain responsible for fulfillment of all Contrac# o4ligativns. ~f~neficiarivs: Except as Herein specifically prcfv;ded other-visf;, ttris Contract shall inure to the benef~_ of and be binding upon the parries hereto and their respective successors. It is expressly understood and arj. reed that the enforcPrnent crf the terms and canditiong of this Contract, and au rights of action relating to such enforcement, shat be strictly reserved to the ,regency and the named Grantee. hkothing CAnt~ined in this doGUment Shall give ar allow any clai,n or right of action whatsoever by any other thin: person. It is the r3xpress intention of the Agency and GrantcC that any such person or entity, other than the Agency or the Grantee, receiving services ar benefits under this Contract small be doRmad an incidental beneficiary only. I ndem n Ity indemnification- The Grarytee agrees to indemnify grid hold harmless the Agency, the State of North Carolina, and any of their o;hcers, agents and cmplaycas, from any claims of third pc^.r#ias arising out of any act ar arnission of rtes Grantee in connection with .he perfor-•!arkce of this Contract to the extent permitted by law. Default and Termination Assignment: No Gssicnmert c)f the Grantee's obligations ar rho Lrantee's ri+~hi to receive pa+~rrrent hereunder shall be pe!~rritted. However, upon ~rlritt2n request approved by tree issui~~cl pk;rchr,sinfl authority, the State rnay: ~a) Fai^rlard file Grantee's payrner:t check{s) directly to any ~ersori ar entity designated by fire Gr,nlee; or ~b~ include any person. ar entity designated b;~ Grantee as a joint payee on the Grantee's payn,ert Termination by Mutual Consent: The Parties may terminate this Contract by mutual consent with 60 days notico to the other pi;rty, or as otherwise provided by Isw_ Termination for Gauss: lf, through any cause, the Grantee shall fail to fuEfiii its obligations under this Contract in a timely and proper manner, tho Agency shall have tl~e rir~ht to terminate khiq Cnntrart r,y giving •~rritten notir,e to the Grantee 8ntt specifying the effective Bate thereof. In that event, all 9 a ,~ e i Y i i i i NGO Form 09r)>!a2 recants ~er~ra ?'cots and :ondi:ior.s•Pt.h~i;^• Sector En:ises Eff. 5s20[?5; 12cv 7:U7, ' lr~ti!.> ~GGFt,°,rGS Page 1 of 3 10 finished or urfini5t:ed daliveroble hems prepared by the Grantee under this Gontract si'r3ll, at the r}pt on of the Agency, became its property and the GrantLc shall br: entitled to receive just and equitably corriper:sation far any satisfactory +,vork corn?leted on such rrtatariuls, minus any payn•,er~t ar compensation previously made_ Notwithstanding the farectoing provisinn, the Grantee shall r7.,t be ratio+,cd of liability to the Agency for da171agOS sustained by the Agency by virtuo o: the Gr2'-tee's broach of this ;agreement. and the Agency mtty withhold any payment due the Grantee far tt,e purpose of setoff until such limp. As the exact amount of damagos c:ue the Agency trom such breach can be determined. The #iling of a petition for barcicruptcy by the Grantee shall be can act of clefault under this Contract Watver of pefault; Waiver by the I.sgency of any defaul# ar breach in cornp:iance Willi tire terms of this Contract by #n~: Grantee shall not be deemed a waiver of any subsequent default or b-aach and shall no: ae construed to be modification of ttte terms of ibis Contract unless stx~ted tv be such in uzitinc. sic~ncd by art auG"tvrized representative of the Agency and tho Grantee and attached to *_tte Ggnlract. Avallabttity of Funds: The parties to this Contract aprcc 0:td understand that the payment of the sums specifird in this Contract is dependent and co:tiilnyent upon and su'a~ect to the appropriation, allocation, and availability of funds for this p;arposc tU tiie A,yency, Forte Ma~eure: Neither F}arty shalt be deemed to be in default v' its obltclatians t:ereunder if and sc~ lane Gs it is prcur;r,ted from perfprrniny such obligations by any act of v:r~r, hostile farcigri ;.char., nuclear explosion, riot, 5:rikes, civil insurr4ctiorr, earthquake, hurric:;one, tornado, or attcer catastrophic natural avant ur act of Gad. Survival of Prarrrlses: ,"III promises, requirements, ter.^ts. ~pnditin~ls, o-vvisions, representations. c~uaranteas, 2nd +n~arrartir~s conta`~ned hcre:n shall survive the Gontract expiration or te,rriinatian date unless specifically provided othc^,y~isc herein. or unless supersodcd by applicable federal or Stale statutes of limitation. IntellectuaE Property Rights Copyri{ihts and Ownership of Dcllverables: All deliverable items prrsduced pu-suant to ttri5 Gontract are the exclusive property nF the Agency. The Grantee shall hat assert ~ claim of copyright ar oLh er property i ntcrest in such cFliverables. Compliance with Applicable Laws Compliance wlth Laws: The Grantee shall campiy with al] laws. ordinancPS, codes, fLIIP,R, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, statrr, and local agencies having jurisdiction andlvr authority_ Equal Employment Cipportunity: The Grantee sf •sll comply +Nith all federal earl State la.vs relating to equal errrplcryr7tient opportunity. Conf dentiality Confidentiality: Any in*armatian, data, instnaments, doCUrrrerrts, studies or reports given to or prepared or assembled by the Grantee under this agrPPrnr:nt shall be kept as conftdcntial rznt! not divulged or made available to any individual or organization without the prior written approval of lice 1~goncy. The Grantee acknowledgeq that in receiving, storing, proees~iny err otherwise dealing wi#h any rrnfidentisl information it tvdl sefeyurrri and riot further disclose the informatiruc r:xcept as athenViso provided in this Corilrctct_ (7versight Access to Persons and Records: Tlie 5t8te Auditor shall have access to persons ~jnd records as a result pf all Contracts or grants entered into t,y State agencies or political subdivisions =n accordance tivith hI.C.G.S 147-414.7. Additionally. as the Ste#e func'iny authority, the Agency shalt have access to persons and rcGbrds 3v a :'exult of all Contracts or grand entered into by State agencies or political subdivisions. NGO Form r)OOSF3z Grants General Terns %+nci L`o~idl:len~~Public Sector E:nUII¢s Eff. 9J7i~4~; F29v 7iU7, 12+C9 rJCCj4,°f~ ~ Page 2 or 3 11 RvCotd Retention: Rflcards shall no; be dEStroyed, purged ar aisgosrri of without the express +written consent of _he i'Iftencr. Sate baSIC reoord5 retertiari polity fegl11fC5 all grant records t,o be retainer fur a minimum of five years or until a[I audit ~xcrption, have laoeri resolved, .~~hichever 's larrger. If the Contract is subject to Federal policy and regulations, record ra;lentior may be longer than five years since records must be retained for a period of three years fnllo+,~inq submission of the fins! Fedo~al Financial Status Report: if applicable, or three years fnllawing the submission of tj revised final Federal (=financial $ts3tus Repo^t. PJso, if 2~r•y litiga#ion, cl:~ir71, negotiation, audit, disallowance action, or other art:an irrvo,ving this Contract has t±er:n starter before explratton of the five.-year retention period described above, the records must be retrained until campletien of t`~e action and resolution of all issues -~::rich arise from it. ar until the end of file regular Five-year pr^rinct described above, r~hichever is later. Miscellaneous Ghoice of t-drli<: The vtnlidity of this Contract and any of its terms ar provisions, as well as the exEent It Is hat In r•Inlation of law or is hat athenvisc unenforceable and GII athc:r larnvisiflns and requirements of th+s Contract shall remain in lull farce .end efi~cE. Headings: The 5ectian and paragraph headings in these ^~enera# Tcrrns and Condltlons are not material pats of the agreement and shvulc3 ~~ol be used to construe the rrteaning thereof. Sime of the 1=ssencn: Tlrrie is of the essence in the por[yrrnr.nce n?ibis Contract. Care of F'r~operty: Tie Grantee agrees that it shall be respansFble fnr lira proper custody and cars of ans~ pmperty furnished to it for use in aonnectiun aviltt the perfa.riancr; of this Contract and trill reim'a.arse the Agsncy for loss of, or dam2.ge to, such urnperty.:+t the termination of this Contract, the Grantee shall contract the Agenr:y inr Instructions as to the dispnsitinn of such. property and shall cam7ly •r~ith ttteae instructions• `i6d Frr-m OQ~flki2 Grants General Terms and CnnditionrNu9t:.Scctor Entties ~tt_ S:2Cfl5; Rev T:b7, 1c+C3 NCDABCS the rights arlCl Cfuties of the pasties to this Contract, are governed by the laws of North Caralin3_ The Grantee. by signing this Contract, agrees i?.nci Submits, Qolely for matters concerning fhls Contract, to tJie exclusive jurisdiction of the courts of North Carolina and agrees. solely far such purpose, that the exclusive venue far any legal proceedings shall be 'Hake County, idorth Garolir.•a. the plan 4f this Confrac# and all transactions and syneements relating to it, and their situs and forum, shall be Wake County. Nor•.h Carolina, where all mat#ers, whether sounding in Contract ar tart, relating to ttre validAy, construction, interpretation, and enforcement shalt be determined. Amendment' This Contract may not be auaended orally or by performance. Any amendment must be made in wr'sttan form and executed by culy aulhorixed representatives of the Apjency and the Grantee. Severability: In tttie event that a court of cornpatent juris[iiction holds that a provision or requirement of this Contras# violates any applicable la~,v, each such provision or requirement shall continue to be enforced t4 Travel Expenses: Reimbursameiat to the Grantee for travel mileage, meals, longing and other travel expenses incurred in fire performance of this Contract shall be reasonable and supported by documentation. State rates strait be u:~eri. inferno#ional travel shall i fiat be reimbursed under this Contract. SaleslUse 7"gut i`tefuntis: If eligible, the Grantee anct all subgrantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes pair! by them in the perfarm2nce of this Contract, pursuant to G.S. 105.1i3~t.14; and (b) exclude alt refundable sates and use taxes frOrtt nfl reportable expenditu-ss before the expenses are entered in their reimbursement reports. Adv$rkising: The Grantee shell not use the ~wrrCt of thfS Contract as a pari of any news release or commercial advertising. F~~pe 3 u( 3 12 :httachm~t B (~~r ark flan) 13 Work Plan ~- ~`imeline The grant funds will be used to support training and field activities tha# include sustainable soil and water managemen#, insect, disease, and weed management, applied fruit and berry research, business planning, and development of en#erprise budgets far new and diversifying farmers_ In addition, the PLANT ~ Breeze program will contract with apart-#ime mentor #armer to reinfarce the mentaring capacity of the program and allovu for targeted expansion of trainings and warkshops. Support far apprentice farmers included field prepara#ian, fertilization with and incorparation of litter, field preparation for bedding. as well as bed shaping with drip tape; with !without plastic. Ongoing support will be provided to gravers in market develaprnent, production issues, and farm infrastructure_ In addition. apprenfice farrnerswill be providing educational support through field walks and other demonstrations. Activity ---~- - ~-- ',1a~~ ~talApr tai Mar Jury '~ Develop criteria and solici± applications for lulentor Farmer position .... Contract with Mentor Farmer Responsible ~ntii`y 249U 20?D Breeze Planning Committee ~ Breeze Planning Committee Plan $ wk trairnng series Breeze Planning Committee Canduct $ v~k training series Breeze Planning Committee :1=valuate training serieF ~ Breeze Planning i-- -- ~~ - ~Plan workshops Cana uct workshaps Evaluate workshops Committee Breeze Planning Jul fo 'Oct to Sep lac ~ ~crio Joao ~~ X. ' -- ~ ~ I --- ... - X -- i- ~ - - Comrnittee K Breeze Planning ~ X _ _ Committee freeze Planning - . .'.~ Committee Annual Purchase of Suppfes Breeze Planning Committee Annual t Final Report Jaey Knight Noah Raneiis 1C l 14 lttt~~sl~~nent C (Tu7~c line) 15 t~~K~y,~_,~ . •5A7~" ~ y North Carolina Department cif Agriculture and Consumer Services StcVBn W. TroxlEr, Cammissionor ~PECiALTY CRAP BLOCK GRANT PROGRAM 20fl9 FINAL PR0IECT T~NI~LINE APPLIGAN'E oRCANIZATxQN: Orange County PilO]ECT TITLE: Jcnharscing Sustainable Specialty Crop Production in the Piedmont ~- UAZS !'RCM;F,[T ACTIVITY (cs ~d.enl~fi~d in the Srnp~ of work _ Start Cnd • Develop criteria and solicit applications for San Feb Mentor Farmer ositian 20I0 20~ 4 ~_~~ -~ PI{O]ECTEU 'r{'l'IAL NCUA&CS PRO]ECTED t?Cf~CCTFD EXNENUZtJIRFS PRU.IECT MATCIIF.xPEND17URES ~ P - ' Gantract with fvlento~ Farmer Plan $ wk trairina series Conduct 8-wk training svr+es~ Evaluate•training series Plan wortcshops Cor d uct worksh ops i=valuate workshap3 Annual Purchase of S:~pplips Annual ! Fina! Report TOTA L$: Feb Mar ~~ .... ._. zola _ ~m ~ ._. ]ar, :tan - -- _.. _ Z01~ 2014 • ]a ii Feb i -- ~- - 203.0 241{7 _ . _ Mar Apt' __201.4 ZC10 ]an Mar --~ --~~~ -- !. 2010 I 2 i:71 t} _... ~' ~cb Nov -- -~- 2010_ 201 _ filar Dec zola 23.0 ] Oct ~~ ~. an ZD1D ~ 2014 .. Dec T]P.C 2D10 ZOIO _ ~ -i ~; 16 ~ffClGY2IY1~11L ~? (Line it~n1 J3iydg4~t ~ Rudge~ NL~rr~~tivej 17 Lir;re tt~e~ ,8utl_4et and Butfttet N~rraiive NCDACS Match ! In•Kind Personnel Copeartive Extension Salaries t Wa es ! Erin a S - ~ 8,027 EoonomiG Development Salaries J Wa es f ~ringc S - ~+ 1,00$ TOTAL PERSONNEL $ - $ 9,435 0 eraRin Expenses _ Travel $ - $ - M 'cr Equi relent -- __ S - $ - Suppties GGnneral E uip:nent S '17,500 $ 4i],000 TOTAL GPERATING ExPENSES S 1'7,540 $ 1fl,004 Contractors ! consultants _ Mentar farmer $ _ 2,500 S _ - 7'OTAI. CONTRACTORS! GtfN3tJLTANTS $ 2,540 $ _ C}ther Direct Ex uses TOTAL OTHER DIRECT EXPENSES $ - T $ - TOTAi. BlJla7G7=T S 20,{}DO $ 1S,Q3~v Budget Warrative 5ul~plies & General. Expenses ($17.5{}©~ These funds tn~ill be used to purchase items uncer S5,o00 that are needed `or training programs on fruit, hYrr)~. and vegEtablL production at the WG Breeze Family Fann ~xtcnsion & Rasearch C,Pnter. Item Justltication __ _ Cast __ Redder ~~ _ Plantin Bed Preparation ___ $ 1.500 _ ` Cooi Bot ! +l~rallc in Gooier Post f tarvest Coolin of Produce ~ S 2,QG4 Gultivatc-r y Tilt arrd v^vver Cro Incarparation $ 5G0 ___ Hand Toots Crop I'roducticx~ and lAreed Management ~ S 90a - __ ____ Hcx~ House ~ Season Extension S 4,aaa _ Irr~ation Supalies -_ U rade l~um and Crip L ri atipn S stem $ 1.100 Mulch Layer Ytireed Management of Beds .___- $ 1.5(10 h+lulches - Bi4de radable a nd Plastic if~eed Management cf Beds _ _ 1.340 _ Rvt 144ow~r UVeed and t:oyer Cmf, h~lanagement $ 1,80C _ Tiller ~_~ Planting Bed Pre ration S 2,1GG TOTAL $ 1T,~add Contractual [$2,500) A mentor fanner will i,e h"sres as a contrackor at a flat rate to provide regular and consistent . guidance to v~roritshop participants and apprentice formers. ' Estimai~ed Prnslrr~arrt trncarne Re is#ra#on fiee for 8-wrk wa•kshr~ aeries S x.540 A rentice l=ee ~ S 2,244 TOTAL PROGRAM IhICaME $ ~,74Q Income derived tram this project will be reinvested info the prr3oram to support specialty crop farmers and Help sustain and grown the project. 18 i1 r ~ ~• ~ • 2. a•,r ~I:' - I i, rr,l •. ~ ~-~ , I It,rl l I ~-laltl II'11'rl ~j~jt:lil'Ili'Irls~lill t nrl'fi- eryR~F~.yyyy Yr , ^~T"-'' tnll.le-:~ •• trllll illYi:rli'1.~[11.11 _j,.ill:l,:i.,.Jr la'rlrll'rlrl~i iIMYV~ n Illlrlll~.~il1•flltilltll+Yr'ilyrlJl..ltiillfll'.IrJ.rll~f~ r lilt l+rill is ~I:I,t(iil~r.l l~e.tnl~ it,llt. t,r[~ , l I.tit~ Irll'' , ,' 1 tlt~~llll.~ttr :1 t,•,t l.tlll-[II l„Ilal: [,~l.r t It ~rllli•tt• I l~ tl~l#'t,~,~ l [' I}~I ~~ 1 ~' ls~i~ ilFitlllllilaSiilliriiltlllll~ ~tli~ 51sa~~llli~r,~i~li:'1~'.li•~e.~tl.l+.Ir,r.:'Ir..~~l~ 1 ~....ti.+.~:~ ~~~sPrA!I!fr~-~ .ras'111s..~I:LeILL...~IlYlru'Irlil.l.... A- Unless prohibited by law, tttie cods of suci:s Inac!e in wccordance vri:h the pra~isians of 9 N.C.A.C. 3M.~20~ dre cost, as deter ^.ined in aa:ordance vrith cost principles outlined in tt~e bffive of Budget and h~tanagement %C3hltil Circular A-87_ Fhe cost of any audit not condl:eted in accordance with this Subchapter is unallntuab':e and sl~all not be charged to State or Federal grants- B. The audit rr;quirernents i:i 9 N.C.A.C. Subcha~itr;r 3h9 cho not replace a request far subrnissiorl of au~'it reports by Gra~tilor agencies in cannrction with requests tar direct apprr,pri~tio~ of state ald by the Generial Assembly. G. Notwithstanding t:•IC provssiorrs of 9 N.C.A.C. Su~ch~~f~trrr 3h1• a Grantee may satisfy the reporting requiren-IPnts of Pali (a 1,3y1,3) of this 12u1r: ty SutxniUin[: a co~Y of the report required under the ~edcral I;~w with respect to the same furrris. D. All Grantees and subgrantoas shall use tl7e °orms of the cJffice raf Stale Bl:cfget and Wta•iagement and of the Q=Fire nF t•7e Siate Auditor it rr.alunr reports to the awarding a~encics and the Officc of tFe State Auditor. Grantee {Urc~anizati+anls Name if Applicable) Siflnuturc cf Authorized Repl~ese~itative (Date) ~~ F'rintP.ri Name of A4thoriZed Representative ~ (Title;) CONTRACT NUMBER: AM(;NDNFENT NUMBEi2: MG{] Farm OGC~3C- kurliF end Repvrtng F~c~yu.lnmcrlw =ff. 4f2C~7;5 19 Attachz~ctlt T` ~1CDA & ~S Mark~~in~ Division ~~to~er ~0~~ SPECI~IL TERMS A~fD CGIVI]I~'IONS SP~.CIALTY GR~3P BLC~Gi~ GRANT PR~DGRAM ~ ~ARIUI BILL contents i. Applicable f~~guiations ................................. ..........................................................2 2 Definitions ..........................---.._...._._............. ._........_......._.....-------......-----.....-----~....--.2 3 Assurances and Certifica#ions•--......__......._... ..... ...............---_.......__......----..,...._..,.,....2 4. Project Staneards and Responsibilities....__.. ............._. ........................._...................6 5 f~rior Approval Requiraments ................... _....... _...... ............. ........ ........ ..7 t; Unallowairde Gosts ........................................ ............................. ............................5 r. F=;uncial Management gtarrdards ............... .............................._........___........__......__6 8. Procurernent .....---........__........_ .................__.. ....__......._........ .................---......----......~ 9. Consultarrts ................................................. .............................................................•1Q 1~~. Special Purpose ~quipment ......................... ............................................................11 77 Subawards ................•--~........................._..... ..........------•----......---........__._................-..12 ~ 2 Payrt~er~is ........................................... ....... .........................................1 13 Pro~rarn IncomE~ ...................................................................................................12 1~4 Earnt?d Interest...--- ...................................... ......-...................................__.........-......12 1b Perforrnan :e Monitoring ............................... ............................................................12 16. Award Glosen~3t ............................................ ............................................................13 1'r'. Site Visits and Project Records ..................._ ......._ . ~ ....13 18. SuspenSion.+~Terminatian. ......................... .. .....................__.........._.........__......---.....__13 13 i'romotional ........................................ .............................................. . 1~ ~0 Suspension Arid l7ebarrtent-.........._. ........ ..............................._......._....._.. .t4 20 N 21 1. Applicable Regulations a. Administrative Provisions. This award. and sub-awards at any tier under this award, sha61 be governed to the extent applicable by the falEowing provisions: (t} 7 CFR 301, "Uniform Federal r~ssistar~ce Regulations"; i2j 7 CFR Part 30113; "Uniform Adm+nistrative Hequirerrrents far Grants . and Cooperative Agreements to State and Local Governmartts": and (3} 7 CFfl Part 3U1$, °UnlTOrm Administrative REquirements for Grants and Other Agreements with Institutions of Higher Eduoa#ion, Hospitals, Nan-profit Organizations, and For-F'refrt argatTizaiians." The Code of Federal Regulations 's accessible through the National Archives and Records Administrat=on. b. Federal Cost Principles. Allowable casts will be determined in accordance with the appl~oable program legislation, the purpose of the avrard. the tQnns and conditions of ativard as contained F:erein, and; if t:~is award is to a recipient other #han a Federal agency, by the following Federal cost principles that are applicable to the #ype of organisation receiving the ativard, regardless of ty~•e of avuard or tier (i.e.. prime awarder, sub-award) as are in effect al the time of ativard: (1; (OMB Circular Na..4~~87), "Cost Principles For state, Local, and Indian Tribal Governments.'' (Z} (OFJI6 Circular No, A~ 21). "Cost Principles for Educa'ionai Institutions" (3) (OhIIB circular No. A~122}. "Cost Principles for Nonprofit Orgartizations" A complete list of current OMS Circulars can bP found on tfre Ul+h~#e House website. ~. Defini#i~ns a. Federal A+gerYCy - Spec!alty crop Block Grant Program-Farm Bili, Agricultural Marketing Service, United states Department of Agriculture c. Grant - an award of financial assistar~be, including cooperative agreements, in the firm of money, or property in lieu of money, [~y the Federal Government: administered py the h1CDA & CS, to an eligible grantee. d. Grantee- the entity to vrhich a grant is au,~arded and which is accounTable for the use of the funds provided. 'T'he grantee is the entire legal entity even if on:y a pariiaular com:~anent of the entity i5 desrgna#ed in the grant award document. e. Project Coordinator -the individual vrho is authorized to commit t''tL grantee's time and other resatirces to the project, tc commit the grantee #o comply with the terms and conditions of the award instrument including those se# ot.it herein, and to otherwise act far, a~ qn behalf of, the grantee. f. subgrant an award of financial assistance in the form of money. or property ir. '.ieu of money, made under a grant by a grantee to an eligible subgrantee. The term in:;ludes Financial assistance when provided by oonlractual legal agreement. but does not include procurement purchases. nor does it include any form of assistance yvhiCh is excluded frarn the de#inition of grart in this part. g. Subgrarttee -the gavern+ner,t or oth~•r legal entity to which a subgrant is awarded ' and which is accquntable to the grantee for tfre use aF the FuncFs provided. ~. Assurances and Certifications Assurance. As a condition of this grant a~rard, by signing the Contact, which contains khis document: the Gr'arEtee sssures that it is in CampEiance and shalt comply in the course of 2 22 grant performance with akk applicable laws, regulations, i=xecutive Orders; and cttter general=y a~~plicable requirements, as prescrioed by 7 CFR 3015, which hereby are incorpor~tied in this Contract by reference, and such other pravisians as arse specified herein. Ce~tificatians. In accepting this Contract (grant av~ard}, which is evidenced by the Crant~e's signature on the signature page of the Contract :.over dacumen:. the Grantee specifically certifies that it: a_ Has the legal authority to apply for financial assistance and the institutional, managerial and financ+al capability (incl~iding funds sufficient to pay the non-Federal share of project cbsi;E to ensure proper pfannmg: management and corrtpletion of ;he praj~~t described•sn the application. b. Vlrill give both the federal and state gcvernmants. through any authorized representative, access to and the right to exarr}ine all records, books, papers, nr da ;umerts related to the avrard: and ~rvill Astall-sh a proper eccaun`.ing system in accardar?c~ tivith generally accepted accounting standards or agency directives. c. ',~~ill establish safeguards io prohibit employees from using their positions for a purpose tfirat consti-.itos or presents the appearance of persona! or organizational conTlict of interest, or personal gain. d. Will initiate and complete the +rlork',+vithin the applicable time frame after receipt of a fuk y executed Contract. e. IJ4'ill carnply with the Intergovernmental PersonnYl Act of 997U (42 U-S.C. §§4728-A~763) relate+tg to prescribed standards for merit systems for programs funded under one of the 19 statutes or regu,atians specified ut i-~ppendix A of OE'M's Standards nor a fMterit System of Rersonnel Administration l5 C.1=.1~. 9QU, Subpart F). f. Wili Damply wish all Federal statutes relating tt~ nondiscrimination, These include buk are not limited to: (1) Title VI of the Civil Rights Act of 19~i~ (P.L. 88-362) vahich proltiik~its discrimination cn the basis of race, color or rtetiorsal origin; (2] Ttle IX of thc~ Education Amendments of 19?2,. as ai~nended (20 IJ.S_C. §§1~i81-1683, and '1685 1660. which prohibits discrimination on the basis of sex; (~j. Sebtion~5ty4 ofi the Rehabilitafiai~- Act of 'f~97 3, as amended t2A U.S.C. §794), which prohibits discrimination on the basis of disabilities: (4) the rlge Disormination Acl :il 175, as amended (42 U.S.C. §§E31 01-61 071, which prohibits discrimination on the basis of age; (5) the Drug Abuse Uffice and Treatment Act of 1872 (P. L. 92-255), as amended, relating to nondisc~irnination on ttre basis of drug abuse: ($1 the C~amprehensive Alcohol Abuse.and Afcahalism Prevention, 1 reatment and Rehabilitation Act 4t 'k 974 (P.L. 9t -616), as amended. rely#ing to nondiscrimination on the basi$ of alcohol abuse or alcohalsm; (7} §§523 and 52' of tl,e Public Health Service Act of 1912 (d2 U.S.C. §§290 dd-3 and 29G ee-3i, as amended, relating tb canfitlentiality of alcahu! artd drug abuse patient records; ($; Title Vlll of the Civil f-tights Aat of 19B8 (~32 U_S.C. ~§3601 et seq.), as amended, relating to nondiscrimination in the save, rental or irnanaing of housing: 9} any other nondiscrimination previsions irr the specific statute(s)uctder v~ttich application for Feclerak assistance is being made; and, 3 23 {14} the requirements of any other nondiscrimination statutes} which may apply to the application. g. Uvil! comply, or has already complied, with the requirements of Titles I I and Itt of the Uniform Relocation Assistance and Real f~roperty Acquisition Politics Jlct of 1970 {P. L. 91-6d6} which provide for fair and equitable treatment of persons displaced or Yvhcse property is acquired as a result of Federa] or federally assisted programs. These requirements apply to all in#~-ests in real property acQuired for project purposes regardless of Federar part~c9patian in purchases. h. lJ+lill comply, as applicable, with provisions at the tiatchAct {5 U.S.C. §§1541-1508 and 732-7328p which limit the po~iticak activities of employees whose principal employment activities arse funded in dt•hoke or in part ~ti~ith Federal funds. +. UVill corr>pky, as applicable, with the provisions of the Uavis-13acan Act (40 U.5 C:. §§?7tia to 7.74~a 7j, th2 Copeland Act {4~0 U.S.C. §27oc and 18 U.S_G. §874), and the Contract Work Hours and Safety Standards Act (4rJ U.S.C. §§327-333), r$gardi*~g labor 3trndards to federally-assisted construction subagreernents. 1. v~Jill comply. if applicable, with f{ood ins~rrance purchase requirements of Section 102(x} of the Flood Disaster Protec_icn Act of 1973 {P.L. 33-234} v~rhich requires recipients in a special flood hazard area to participate in the prog-am and io porches? flood insisrance if the total cast of insurable construction and acquisition is 314.000 or more. k. UUf ! comply vrith environmental standards which may fie prescribed ptrsuant to the follc~~~ring~ { 1) institution of environmental quality control rneasuros under the National Environmental Policy Act of 1989 (P_L. 91-194} and Executive Order {EO} 11514; i2j not<fication cif violating facilities pursrtanE to EO 117'?S; f3,1 protection of wetlands pursuant to EO 11990; {4j evaluation of flood hazards in floodplains in accordance with FO 1198$: {5i assurance of project consistency with the approved State management progr2m developed finder th8 Coastal Zone A~anansmentAct of 1972 {96 U S.C. §§1451 at seq.}: (fi} conformity of Federal act+ons to State (Clean Airj implementation Plans urger Section 176(c) of lha Clean flir Act of 1955, as arnenGed f~42 U.S.C. §§7401 et seq.); t7 protection of underground sources of drinking water under the Safe Drinking Water Act of 19; 4, as amended (P.L 93-523}; and (8} protection of endangered species under the Endanga°ed Species Act of 1513, as amended (P.L. 93- 205). I. Wi'1 comply with iho Wild and Scenic Rivers 1~Ct o` 1968 f 16 U_S.C. §§1271 et seq.) related to protecting components or potr;ntial components 4f the national wild and scenic rivers system. m. UVi~1 assist the Agency in assuring compliance with Section 10G of the National Historic Preservation Act afi 19~a6, as amended (16 U.S.C §470). EC 11593 ficentification and prott~ction of historic properties), and 'the iirchaefllogical and k•listaric Preservation Act of 1974 (16 U.S.C. §§489x-1 et 5eq.~. n. YYrli comply with P.L. 93 348 regarding the protection of human subjects involved i^ research, develapmEnt. and related activities supported by #his award of assistance. o. Will comply with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended. 7 U.S.C. §§2131 et seq.) pertaining tothc care, handling, andtreatman: of 24 warm blooded animals held fo: research, teaching; or other activities suppflrted by this award of assistance. p, Will ~ornply with the Lead-t3ased Paint Poisoning Prevention Act ;42 U.S,C, §~48~31 et seq.) ~~uhch prah~bits the use of lead-based paint in cn'lstructiart or reh~tsilil:atiar• ct resider7ce structures. q. Will ~atase to ae pe`formed the required fsrranr;ial rept~rting artd Compliance audits in accordance watt the North Carolina Qffice of State Budget and: as appropriate, the Single Audit Act Amendments of 1996 aria Q~+IB Circular No. A-'133, "Audits of States, Local Cavammants, and Non-Prafik Urganiratians,° s. t. If the Grantee receives. expends, or obligates $50rJ,000 or more in State and F~derai pass-through gra~t*. fonds retreived directly from a State agency, a 'yellow book', which has been performed and completed by a G :P, audit must be filed with the Grantee and the NC Offico of State Budget & k~~anagement (c~SBPJI). Ttre audit report must contain three key elements: 1 } opinion of *.he CPA cr~ the Grantee's internal controls, (Z} alainiar, of your CPA on trie Grantee's compliance with your grant terms, and (3) a schedule of Federa! and State Awards. Will comply with all applicable reQLiremenFs of all other North Carolina State and Federa[ Laws. executive orders. regulations, and policies governing ':he Specialty Craps Block Grant Prcgram. `rl+ill make agood-faith effor# to provide artd maintain a drug free environment by prohibiting elicit drugs in the workplace; providing employees with druc3••free policy statements ilncludinc penalties for noncompliance), and sstat~lishina necessary awareness programs to fceep employees informed about the availability of counseling, rehabilitation, and related ,ervices (§5 1 51-513 1 0 bt the Qrug•Free Workplace Acl of `988, as implemented by ~ CFt`i Part 3017; Subpart ~, Section 301?.6C0. Purpose). It has not used and will no# use any of the funds awarded urtider this Contract. other than profits from a rederal contract, for lob'oying Congress ar any raderal agency in connection with the award or modification of any cvntraci, grant: cooperative. agrEernent, or loan; will disclose the name, address: payment details. and purpose of any agreemFnts .vith lobbyists far wrhom it or its contractors or grantees have paid or tivi I pay tivlth profits or raarf•appropr+atecf funds an o• after December Z3, 1985, for any award action in excESS of 31 p{},t70C~ for $150:000 for laarts): will file quarterly updates about the use of lobbyists if material changes occur; and will certify and disclose accordingly [§319, Pub. L_. No. 1C1-121 (31 U.S.C 1352}, as implemented by 7 GFR Pat 3013]. It and its principals are' ('r i net presently debarred. suspended, arcposed for debarment, declared inefig~~bfe, or vo;untanly excluded from covered transactions by any Federal or Stets department or agency; i2) ha+re no# been convicted or indicted Jnd2r criminal or civil statutes or had ono or more pul3fic transactions terrninatcd for cause or defaurt within the past throe years; (3) will provide immediate written notice :o the Agency Project Coordinator if at any time it learns that this certification vas ; rroneous v~rltien made or ias became erroneous by reason of changed circumstances; and ~Nill require recipients of lower-tier covered transactions under ;his 25 grant av~ard to similarly certify (Executive Order 12$48. as is~~plemented by 7 CFR Part 341 %, Section 3417.510, Participants' respenslbili#ies). 4. Project Start,dards and Responsik~ilities a. EnSUre funds awarded under this Gcntract supplement the exGenditura of State c~r other funds in support of specialty r;rrSps grgwn in Nort?~ Carolina, rather Chart replace these funds. b. Monitor the performance of all project activities, artcf ensure that the ivark is corrtpletoc! within thy: requirod time framr:. c. insure speciesty crop black grank funds are used only for activities covered by the approved project and State plan. d. All travel expenses shall follow applicable State travel requirements. Nate: Any meal planned in concert with a conference or meeting, for uvhich reimbursement is sxpectrd, must bc- approved in advance by the Contract Adrrtiriistratcresnd/or the Agency Prcjaet Coordinator. e. The Contract Administrator and/or the Project Coordinator shall be notified as soon as problems; delays, or adverse conditions which will materially impair the ability to meet the objective of the award became known ones if #avorabie developments such as rrteeting time schedules and adjectives sooner or s# less cast occur. f. The results of the project awarded ft.rndrng order t•iis Contract may be raublished by the Federal figency, the State Agency, or by appropriate eartractors or grantees as rnutually ac3reed. g. Na rrr€~mber of Congress ar resident commissioner shall be admitted to any share or part of the funds awarded under this Contract or to any benefit to arise there from, unless ;t is made vvih a corporation for its general benefit. t•. Compensation for Pcrsnnr-el Servtses - Tirne sheets mus". be provided for matching purposes and for direct cast reimbursements. Time sheets must be signed by both the employee and the appropriate supen+isor. Payrolls or pay registers that reflect the hourly rate of pay any! the cost of fringe benefits must be altac#~ed Eo alt time sheets. Tl'te Agency's prescribed time st3cet and covor page must be used to report Specialty Crap Block Grant Program time and effort. {1 y Charges for salaries and wages. shall cpmply with QMl3 Circular A•• 12~ and be based vn payrolls documented in accordance with generally accepted accounting practices ~rnd appro~red by a responsitile official o#" Gran#ec. ~2r Etnployc~s vuF;o tinrork solely on a single federal award or cost objective must support their salaries and waces tiroi:h a signed `certificatign~. which evill be provided to the Grant6e by the Agency, and tiled with the Agency at least semiannually. This `certification" may he used in Neu of the Agency`s prescribed time shoat. (3} Employees who work vn multiple activities or cost objectives rnust suppait t.hei; salaries ~1nd wages vritir the Agoncy's prescribed timV shoe: reports- unless a statistical sar~tpling system has been approved by the Agency- The time sheet must include after-the-fact reporting of actual distribution cf activities, account forthe total activity i'or which the employee is compensated, and include the employee's and supervisor's signature. 6 26 (4} Genera! administra#ive or accounting duties are considered as direct charges to the contracted protect. (5} Personnel services that are cai}siderad as direct charges to the car.tractr=d project must be dunes that are directly related to the project plan ar scopes of +rrork. 5. Prior Approved Requiremen#s The following items rr±quirc a tiritten request, including signature of the Project Coordinator tar the C;rantee. -The Agency ~+1ill aoc~pt a faxed dacumant cr pdf file wits a signature backed up with hard copies of the request bearing original signat~ires. Items (b} through {d} rntist be approved ly both the hgency and the USDA. a. Change ltey Personnel -When it is necessary to change the Program contact for the Grantee for a period of mare than 3 months: submit a written request {en~ait is acceptable) to to"18 Agency. Kegiiest should contain the new individual's name and contact information. b. Scope or Ut?jectives - L^lhen ;t is necessary to madii;~+ the scap~ ar ollfectives of the award, submit a written tustificatiort for the change along with the revised scope or objectives of the award and signature of the Grantee's Project Coordinator to the Agency. If requesting to discontinue all or a portion of a project and add a ne~v project, submit a written justification far the change along with a project proposal to include the project title, pUrpase. potential impact, expected measura~le outcomes. work plan, budget narrative, prajec: oversight. and project comm's#mei~t and signs#ure of the Protect Coordinator far the Grantee" c. Extension of Grant Agreement-'JVhere an extension at Finite is required; the . extensionfsl must be received in writing na later than si3 days prior to the expiration date of the contract. ThE requast from the alaprapriate Grantee official must contain the following information: {1 y the length of additional time requiraG to complete project crbjpo#iv~s and a jusiifi~ation for the extension; (2y a summary of progress to dare (status of project timeline and objectives, etc.;; ;3} an est~rnate of remaining funds at tha :ime of the original expiration date of the contract; 44~ a projected kirr+etable to con;plete the project forti~uhich the extension is boring ; equesteCf. and {5} signature of the ProjeLt Coordinator far the Grantee. d. Budget Changes - Vdhere a modification to t#ie approved budgeE is required, the nZOdi=icaticn roust be subrttitted in writing and be approved i:~ writing by the Agency and the USDA if the cumulative ar-taunt of such modificatigns exceeds 2~ to-ercant {zCr~i~; of the project's total budget as last approved by bath branches of government A request for a budget change shall include: ('I} a description of the change_ (~) a justification for the changes, and (3) the sigra:ure of the Grantee's appropriate financial representative as indicated on the Signature Card. which is at#acheci to this Contract. Note: If the cumula=ive amount of atlotivable budget changes is less titan 2d percent, prior Agency and USl7A approval 's not regcired. 27 ~. Unallov~r~able fasts The following costs are u-talfowahle under this ~vntract unless otttcrwise permit#ed by later or approved by the State and Federal Agency . a_ Costs whtcrr i#e outside the scope of the approved pr-eject(s) and any amendments tnerety. b Casts of advertising and public re:atians designed sorely to promote the governmental unit ornon-profit organization. c. -~Iccholic beverages except v~lJten the casts are associated with enhancin the g competitiveness of,vine grapes and prior approval is given from the State and ~eder3l ~ency. d. Bad debts, including losses (tivhether actual or esti:~iated~ arising from uncollectab"e accot!nts and other claims, related collection costs: and rela#ed legal rests. • e. Capital expenditures for general purpose equipment, buildings, and land. "Genarat p~!rpose equipmen~' means equipment, which is not limited to research, medical, scientific ar other technical activities. Exairtples irclude office equipment and furnishings, modular offices, talaphone networks, information techna:ogy equipment and systems, air conc'atic,.ning equipment, reproduction and printing equipment, and motor vehicles. f. Cos~_:a associated lkith capital expenditures for special purpose equipment with a un!t cost of ~~000 or more 5~rithout prier aoaroval from NCDA &CS and USQA. "Special purpose equipment'' means equi~tment which is used only for r~s'earch, medical, scientific: or other technical activities. Examples of special pt!rpose equipment irrigation equipment, cultivator, chisel plow, etc., g. Contrioutions to a contingency reserve or any sirr: filar provision made for ev~ttts the ecru •renre of vrhich cannot be foretold with certainty as tp time, irtitensity: ar with an 1 assuranLc+ of thr?ir happenincd. i•.. Do~!atcd or volunteer services maybe furnished to a governmental unit or non-profit by professional and technical personnel, consultar~is, and other skil:ed and unskilled labor. The value of these services is not reimbursable either as a direst yr indirect ' CpSL ! CprltrlbU#i4r18 t31' dOt'atldnS, Ir1GIUd1n}~ Cash, property; and Ser1l'ICeS. made by a ~ governmental urtlt ar riart-profit, regardless of the : ecipient. _ j. Entertainment costs including amusement. diversion, and social ac#iaities ono' any ::eels directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals; transportation, and gratuities) regardlesG of their apparent relationship to projYrt nbjecttvea_ k. Airfare costs in excess of the custainary standard commercial airfa-e (coach or equivalent), State Uovernment cartract airfare, or the lowest commercial discount airfara_ : 1 Fina3, pertalties_ damages, and other settlements res~,~lting from. violations (or alleged violations} bf, or fa:lute of the governmental unit to c~~mply with. Federal, State_ loco , or Indian tribal laws and regulations. m. Organized fund raising. including financial carnpaiyns, Solicitation cf gifts and ~ b6quests, and similar expenses incurred to raise capita! or obtain contributions regardless !~t the p!lrp+OSe for Which the fl!nc~s irUiil ~° t,[3ed. n. Costs of goods or services for personal use of the Crante~ s employees regardless of wlhctF!er the cost is reported as taxable income to the employees. o. Casts of investment counsel and staff and similar expenses incurred to en#tance income from investrnenls_ p- Development or participation in lobbying activities including costs of membership in organizaiGns substantia~fy engaged in lobbying. q. Development ar participation in political activities n accordanre with previsions of the Hatch 11ct t~ U S.C. 1501-1578 and 7324-7326}. 7. Financial Management Standards a. The Grantee must expend and account for grant finds in accordance with State laws and arocedures for expanding ono accounting for its ativn :ands and meet the requirements of ?CFR Part 3018. b. 1'he Grantees records, and subgrantee`s records - if applicable, shall provide for corn Flete, accurate and current disclosurt~ of finar`eial results. c. The saurcc and appli~at;vn of funds shaiE be readily idantiTied by the continuous mairtenance of trpdateci rec+~rds. Records, as Such, shall contain information pertaining to the contract aovard, and any subgrantee awards -- if applicable, autho°izations. obligations. unabligated balances. assets, outlays, and ir~came. d. Effective cantivl aver and accountability fc~r all grant or subgrant funds, real and personal properky assets shall be maintained. Grantees and subgrantraes shall adv~ua:ely safegua~d all Such praoerty and shall ensure that it is usEd solely for authorized purposes- fn cases vdh8re projects are net 100 percent f-ederally funded, grantees and subgrantaes must have effective internal controls to assure that experditi~res finan::ed vditll Program funds are properly chargeable to :he grant supported project. e_ The actrral and budgeted amounts for each grant or subgrant shat! be compared. Financial information shall be rented to per~ormanca and unit cost data. Estimates cased an avaiia~le documentation may be accepted for uni# cost data. f. E~+ery ef#ort shoulcl be made for minimizing the time elapsing bet,~een the advancement ar disbursement of funds from Grantee and the request for an advance payiment or reimbursement of expenditures from the Grantor. typically nv mare than 30 days Arty advanced funds ativarded to the Grantee shall be expended prior to the advancement yr refrnbursement a- additienal'funds. h. Recounting records she-I be supported by source documentation. These documentations include, but are nc~t lims!ted to, cancelled checks, paid bills, payrolls, contract. and all s.i~grant a~,vard documents. i. A sys;ernatir. method shall be employed lay the Grantee to assure timely and appropriate resolution of auditfindings and recorrtmenclations. $, Pracurernent a. I'he Grantee ;gill fallo~^e the sarrae policies and procedures it uses for practrernent from its non ~Hederal funds and meat tho standards svecified art 7 CFR Pact 3016 36. b. f~1a3ntain a systei-. far contract administration that ensures that cartractors perform in accordance wi!h the tern:s, car~ditions, and speci6ications o. kh:eir contracts or purchase orders. c. hAaintain •,~•ritten stantfard3 of conduct that ;}rohibi: its officers,- employees, agents, or others engagCtf in awarding and administFring contracts supported by Federal fcinds from ;sing *.heir positions for any purpose that is, ar gives the appearance of being, motivated by a desire for private financial gain for t:~errsetves or cltters ~~rilh tivhe~'n they have close t'.es. d All procurement krartsactions will be conducted in a manner to provide. to the maxim~ur_ extent practical, open and free competition. 28 29 e. Proposed pracuremants are to be reviewed to avoic the purchase of unnecessa*y ar duplicative items. U'Jhere appropriate, an anafysiQ shall b2 trade of tease anct purchase alternatives to determine which would be the most economical: practical procurement. f. 141ak~.3 positive Eitarts to assure #hat small businesses, ~ninarity owned -arms: and won-en's business enterprises are used vrhen po3sible. h. The type cf procurement instrument used, e_g.; fixed price contracts, cast reimbursab<e contracts; incentive contracts. purchase orders, will be ti2termined by grantee: but must be appropriate for the particular procurement and Fvr Prornating the best interest of the program inrt~lved. The "cost CIuS a percentage of cost'' or the "Ferc~rttage of construction cost" methods shaEl,~ot be used. i. Contracts vrill be made only with responsible contractors ~uho possess the potential ability to perform su:•cessfully under the terms and conditions of a proposed procurement- Considcrafion should ba given to such matters as aonirac#ar integrity, the record of past Ferformancv, ftnanciat and technical resources ar access to otha~ necessary resources. j. Some farrrti of price or cost anaiy3is should be made in connection writh every procuremen# action. Price analysis may i3e accc~rnplished in various ways, including the comparison of price quotations submitted, market prices rarl:! similar i~idicia: together with discounts. Cost analysts Is the review and euaiuation of each elern~ant v1 cast ;:a determine reasonableness, alloCr~brlity, and a'lowability. k. ftirlaintair records sufficien# to detail the significant history of procursrnent. Thiese records will Include, but are not necessarily limited to the following: rationale fa the method at procurement, Selection of cxmtract type, Contractor selection or rejection. and ttrc~ basis for contract price. I. All negotiated contracts over $14,000 must lncluda a provision requiring the contractor to maintain books. records: documents, and other evidence pertinent tc performance un:i~r the contract in acGOrdance tivittt generally accepted accounting principles and practices: consistently applied. In addition, they must provide for access to these racords by USDA, the Comptroller General of the Jnited St2~#es. the State Agency. or their duly authorized representatives. for the purpose of insooction, audit: and copying d;~ring normal business hours. Retention per?c•ds for cantracto- records are the same as those required For the grantee. 9. Consultants The Agency time cheat anc time sheet co~~er page shall be submitted far alt iraurs vrortted rotative to this grant project, accomparr}ping salary related expenciture dacumen!ation shall also subrni:ted along with the other time related docurnenis. a. Charges for consulting payments must be supportzd in the records of the Grantee or cost type contractor by an invoice fra~rt the consu'tant and a cagy of the written rcpr.~rt (if a report is appropriate? or other documented ev dencP of the work performod from the consultant. b. The follo•vving information must be i~icluded on d!! request far payments, whether in the farm of invoi€:cs or memorandums. subr~nitted by Consultants or cast-type Contractors for reir.-~~aursement by Ehe Grantee- Any type of requests for payment must 17e signed by an offcial of the cc~rtsultant or the cost-type contractor and provide the FoPowing information: (1) Tl^e name of the consultant; (2) The nature of the services provided (such as slabs:ical analysis of data, participation on project advisory committee: eta.): ~a 30 (3) The relevance of the services ka the project yr program, if not apparent from the nat4~re of the services; and (4) Which~uer of ine foE.cwing is applicable: (i) slf :ho fec vas bawd on a ra`.e per day or hours worked) the rate and the dates andJor hours worker; ;ii'~ !If trte foe yvas based an a ra:e per unit of service provided] tha f rate, the nutt~ber of units of service provided, and the heginning and ending dates of the overall period of serveice; or (iiil t!f the fee vt~as determined on same ether basis) the hosts fcr determining the fce and the beginning and ending dates of thr± period in which services tivere provided. ~~, Special Purpose Equipmeint a. Grantees purchasing arn~ special purpose equipment or product with funds provided undar this contract are encouraged to use such funds to purchase only American-made eq:tipmant or products. Titto `o special purpose equiprnert acquired by the grantee bvitt~ funds provided undr:r this c:or<tract shall vest with 'he Grantee. Tl~e cost of an item of nanexpendabla spacial purpose aq,~~prr:ent is the net invoice cas# of the item, including nvicessaryr modifications far which it was acquired: fah> icated, or constructed. Other charges such aS tits cost of installatiott. transportation, taxes. insurance. a~td the tike. may be included or excluded front the unit acquisition cost in araordanao aritn the Granter ar regular accounting practices. If the {;rantea has been given approval far the acquisition of special purpose equipmen::o be maintained in a foreign country, the Grantee is legally responsible for such ayuipment. "fhP Gran#se Ghould obtain a receipt from the •:.ooperatar in the foreign crtmtry ar.d should sand a cagy to tits Agency. At the cortclusiort of the project; dispositior instructions should be requested from tea Agency. When the special purpose equipment is Ito longer needed by the Grantee and the per ttrtii fair market vair~e is less titan ~5;1}~Q: the Grantee .nay retain, sell; or dispose of the egi~iprnent with no further obligation to Agency. If, an the other hand, the per unit fair market value is ~b,[)00 or more, then the Grantee must subr~tit s written request to the Agency for disposition instruotiarts QoCUrnentatian of the fair market value shall hE submitted to the Agency prior t~o the d~s~:osition pf special purpose equipment a ~d expla n tctr: dispoaitian actign to be takers. ~, copy of the °air market ~~f8lue statement shall be Submit?ed to Agency prior to dispositior, of any special purpose equipment regardless of fair tttarket vague. SUb-awards (Doo-s not include vendors providing good and serviees) a. Should the Grantee enter into any Sub-award with another ertitity, all thr• "Spcciai Pro4~isions' contained in this Contract Shalt be passed down to that ~ubgrantee_ h_ A~ car-twined in the "General Terrtts artd Conditions", arty sub-award shall be submitted to tha Agent+~ far its approval. The Grantee must receive the Agency`s approval cf the sub-a~rlard prat to the expenditure and reint#~ursemettt of funds. ti 31 X12. Payments a. Payments of grant f•~nds must be requested by the Grantee using Agency "Request for Advance Payment and Request -or reimbursement" at least on a monthly basis. Bash advances shall ba Irrrrited to the minimum amounts needed to s~,appori 30 days aF anticipated expenses. Requests far advance payments shall be scheduled so the funds are available: closely as is acministralivety fcasil.5lc (usr:alfy 30 days). a. Requests for payment should be scheduled so that all grant funds are obligated (encumbered) at the end of ror~tract period and disbursed within 3~ days after the expire;ion dale of the Contract. Ary unobligated tunencumbered) balance of cash at the end of the contract period must irnrnediately bo refunded the Agency. f'ayrr7ents will be made toy electronic cfepasit or check to the Grantee. The rogues: =or ele~irsnic payn•~n: =orrn should be submitted the U.ice of tl~e State Controller #a the address indicated rt the upper left hand corner. A copy must be submitted to the Projoct Coordinator by fax or email. I# err:aiting the form; please scan tyre signed copy and attach it to the email. '13. Program Income If ~rograrn income is earned it may be used for a. exaanding thi;• project ear pragrarn: b. cast ruing the projoct or program after the grant cr subgrant support ends; and c. suoaorfing other projocts or programs that further the broad oi~jecti~~es of the grant program. program ;ncome must be reported on the `Request for Advance Payment and Request fiar Reimbursement" farm. 14. Earned Interest a. Grantees sfrall promptly. but at least quarterly. remit interest earned on advarces to tF,c:/•1yercy if tare arrrount exczeds $100. The Grantee may keep interest amounts up to $1 DO per year for administrative expenses. l111 earned interest is to be reported an the 'Request for Advance Payment and Request for Reimbursement" form. b. darned interest payments due the Agency wi'si be made by check payaple to :he ''NGDA&CS fvlarketin~g division, Specialty Crop Gran: Program" at the address listed on page b of the Contract. ~~. Perforrnant:e Monitoring Interim periorrr:ance rrsporLb usirty Lh~3 flgertcy Programmatic Repvitiny form are rtue April t and 34 days after the anniversary da#e of the Contract Until cornpletian. A final Perforrrtance Keport fusing the Carne form] is required 3g days after the Contra .t expiration date. plate: If or as the Sperialty Crop t31c~c~c Crant F'rng~am alo~rG far ft, rher grant funding pravr'ded by US0/1, GrGnt::c appris:uti•~na r.iust bU accompanied by a ;,urrent Interim aerlormance l~cpcrl r;overi~ig ~trE~ curront gr'ani efforts irrespective of the above noted due dates "16. Award Closeout a, A Final Performance Report and appropriate Financial Status Report is required vrithin 3D days fallo~rring the Contract expiration date. 1-he farms should be signed by 1 'L 32 the aFprocsriate argantzakional representative and be submitted to the Agency by fax or er-iail and followed wittti hard copies with original signatures. !f emailing the form, please scan the signed Dopy and aktach it to the er~ait. b. Thy Grantee rriust E~au~date all abligat ans inaurrcd u-~der the award not later than EO days after the end of :tio contract expiration date_ The Grantee must immediately refund to the Elgency an}~ balance of unobligated 4unencumbered} cash advanced. 17. Site Visits and Prnject Records a. tiAlork performed under this Contract is subject to i~nspeCtion and evaluation at all times by o~ficia'rs of both branches of government ~regresentatives from North Garolina Department of Agriculturt~ artd Consumer Services [CaCDA&CS], and the United S#ates Departrnertt of Agricult;are [USDA]): or by any of their duly authorized representatives th°ough such niecharisms as the reuiew of ;aertorrryance reports anc site visits. Ta the extent possible, aEl site visits wiH be mace at mutually acceptable intervals and will be timed to avoid disruption of any construction •,r~ork and to any cf the Grai}tee`s programs antf pcrsonrtel- b. NCDA&CS, UuUA a:'id the Cornpt•oller General of the ilnited States. or any of their duty authorized representatives, shall have the right of access to any books. do ;uments. papers: or other project-related records r.~f the grantee and its contcaotors under this grant for examination and audit purposes arrd to obtain excerpts and transcripts. b. t=ina~~ia! records, a4pporting doc:rrnents, statistical records, and other records pertinanf to this Contract shall be retained by the Grantee and its Gontrac;tors far a period of five years after submission and acceptance of the final "Financial Report." Records ralat~ng to audits. appeals, litigation, or the settlement of claims arising out of oroject per,"orm2nce shah be retained until such s,idifs, appeals, litic~atic~n: ar claims have bran setkled. 18. Suspensic~nl7ermirrativn The Agenoy, after reasonable notice to a Carantee, and an opportunity to be heard, finds that therC has been a fortune by the Grante° to comply substantially with any provision of this Gontract or other applicable IaUrs or regulations the Agency may disqualify, for one ar mom years, the Grantee from receipt of future grants under Section: 1 Q1 of the Specialty Craps Competitiveness Act of 2004 fF~ublic haw 1118-485; 7 EJ.S.G. 1621 note.). ~ 9, Prornotio~al IViaterEals An acknotivlcdgement of the NCDA&CS SF•ccialty wrop Gant Program mus; appear in any publioetiar cr any significant event basal on this prajacl. Terms should include `'t"'iis project is supported in part by the North Garolina Department of Agriculture and Consumer Serv'ces Specralty Crop Grant Program, along with the ''Gat to bo NC lags". In addition, arty pron~aiicnal items: including media promotions, must include the "Got to be NC" toga. 2~. Debarment and Suspension [3y signing ine Contract contained h~rcin,_ the Grantee organization certifies the information 'below: 13 33 Is the Grantee organization or any other smoloyee, student err volunteer participatirsg in this project debarred, suspended or otherwise excluded from err ineligible for participation in i¢deral assistance programs ar activities? ^ Yos ^ Flo (If "Yes" , explain in Cornrnents Seci`rorr below; The Grantee €urther certifies by bignirtg the Contract corildirted herein that t;iey: (an5'vuer alb que5tigns below] [.] are [] are nqt presently debarred, suspended, prapgsed for debarment, or declarFd ineligible fnr award of federal contracts. are ^ are not pr~rsently indictt~si for, c.~r oihrarv~~iso crirrrinally Ur civilly charged f}y a gove,nment entity. n have i 7 Dave not Zvi#hin threes (3) years pr~cediny tlhis o`er, bean convicted of or had a civi; iudgmer~t rendered against them for commis5igr of fraud or criminal offense in connectio~i with obtaining, attempting to obtain, or performing a public (federal, state or local) contract or subcontract; vioiatian of Federal or State antitnast statutes relating to the submission of offers; or commission of embeulement, theft. forgery, bribery. falsification or destruction of records, making falser statements or receiving stolen property. _ ~ have ^ have net within three (3i years preceding this offer, had one or more contracts terminated for default by any federal agency. COM,V'~NTS 5CCT10N: 14 34 SiJFPf_EMEJ~I7AL fNFC?RI~PA7f~N R~QUJRF~ Ff?f2 NC (7P~'NBC}OK INSTRlJCT1C?W5: (:ompl.^.tg ;ne i~ifuren2li~,r~ CCI•~?u end r.^.turn it ~~ the Con[~Ct Adniin;strator idenli~ied in yvurOri~irdl u0~'dr~,ut. This inf<~rni~[:r.~„ must if: suhrnittcd as part of your cc~n.'at•t_ .tyc•,u have GuestiGrts, ple8sp Cnntar.:th~ ContractPtidminislydl::r ~ cr lNa Altrrn~ta Contact as refle:aeCl in yn.n• can:rect. PUf;PCSSE: to January 21;}043, Ex(?[:LJtI'l~ Orr12' ~ 1$"dS Slgnfs~ by ftse GOV2r11Or 4` North Cs:rnlina. phis Executive Order requrc;s [:eritiiii 'u'ifo'i:•.ation Le col:~c~eci :ra-n Grantees to enharlCr accniintAl~ility 811CI t~nsparency of State Funds. Ti~eretore, the it ~.°orrYma:ion outlined below shrell'~E su~initted prior t4 tl;e disbursenie-~t of any State tl.~nd~ by t:-ir. Nr~riF• ~arol~nz Depert^":cnt of ~',gr3culture and Ccns.ImEr Scrv`.ccs. Curtra^t Nurnher: __• _ •_• _.•_ __ Ai~ient!i7unt Nurnb~-r: Lrantee N•:.ni~: __ __ 17t1N8 hurn",cr: __-_ -_• ISEa atr~ hatl I•i'uir:~ttion ci: hew tc secrcz a nunher~ '`+4h ID Number: _ ._.. . _ Fiscal Year ~ncis: 1. BreF aeSCril~t~~ii anr. 3ac'-grrounL?His:~ry L _ 1r,:~r ~7!g ,n~z~tian. Bs s.,~o',c InGaCa th~ nurrher ~~t year it exishnCi:. 96 ml:gr of pmt:I::y~ES; missiun ~:C{t guuls o` gpur :,rr.~-ii~at m. -T __ 2. Curren p+i~jeia t~ ~eliix:. G~:gin • . _..__ F.nd _._. • •-- s ~xpc•.•eti:~d ~tcomes a:ul s;.eciic deI ar:~i~lA;. -- I?Y:?F.CT= . a_r. [.[;tao5 ~hU aF•EGIFIC nELP~F~~P.LES_ -~----- - txarn dcs: Fet:~ delivered in ~_ tiir~~y ~iiarn:a~U;, aa~a:.il:u:c prcdl.c°ra..) ~ ----~ -- •__^. 5. The G~unt~s'5 ~Jr`E6 IIRi : __-_-• .__ .._._.... 5. 'Primary Caunnl of Fcrtnrrnrmcc. Crusty tJa-ne: _ _ (COIN6RB$SIOhtAL I.l[STRICT ij TatJST Bc IDETdTIFIE[]y C.~n;J~s51i~i1~l District ~. -_ 7. "Courtly Cf [iunrfit: i:5in_y c County: [-] Yes ^ V9 Cc;~nty hlarnc: - --••_ _-- S:atu:~firt~~ l Ycs n Pla hte~tiorak ^ Yes C: r.., S. If the ans~rer tr.~ gaertinn nwn~,.:r ? i~'Rc;~ anal".list the c~~unlivs recwi~ing h[:~rfit '?rirnary County of F'erformar,re: Cr:~,nTy in ~vhr~Fi grantee is 1ocalnd and t:vunfy in wjliCfl fire rrlaf4rrty Of tJ't2 wart[ fakes place. "'County of8encfif: ldentificdlocati0n('S) i1+Jdt' derive some beneiitfrom work orlvb fakes F,erlurrr,edrn another ~pullt~f Orin flee same county NGRTM CAROLINA DEPARTMENT OF AGRICULTURE AND CC,7NSUMIER SERVICES SPECIALTY CROP BLGCK GRANT PROGRAM C~NTRACTk~AL & FINANCIAL D~GUMENTS SIIaNATURE CARD FURI~I INSTRUCrIOVS: P'.ease rear! ancf fill ill It,d :eyuired infcrmafion to the right nt porch field whore applicable, f'rovicJp the requested printed and Hri:tr:n =iyelatu'66 of agency repre~entaGvds In tie c+csignated ar~riall. In Ihrl etwnl Llb aiflxsd Slr~naiurP(s) Grp nor lorlyar valid, r IAvisecl ;'onn miLSt hp Sutlr•litied p~lar to processin:, any wniractual doramlerlla ul subma~Cp "RegveStfpr~~ymr,nir' ul anyothsrlEnancial dacumpnts L' flce~ve: lx:gat napli;an• r7 • ani~alic,n + ~•uncyName: FExJolal Tax Edenti5cat+on Mumt:elr: i Cerlifirblion: ey aff,kirg my signature belo~.v, I car;iiy Inai ~ersonfs) identifies k~lo,n• sre dusay•iadod hhvlr.g legal anthnrizatian lu 3iyn on aehalf of :hP orgArlizatirin named in Secfian 1„ a0uve. fur purposes e1 ey~!rutinr, c~lntr,ra~+l dccu.`nents and preparing, apprr.•vir•g anu awocutirrg all finanaal doouu,ranlb: including "Req~wsts for Pa~ar•enL*'". I understand ;hP leyal impllptJOns of any and ell misreprestllsliuu of a1 uffical fryr rhp Snla parpara of dcira~.J ng the otate of NorCl L'~rvl6:a. ~ ^-ti 1~• ~ ~ 0 wal .U,<S4'~~4p„ of~;:~~•_.:+~..a e.•' ~5 ts-7: L.@~'i . •4`R,~' <i;: )-,i:: :.. r~:~`]r. ,• i t' :~?e~;: •'[' 1.<;r~. :r'~• . ~', '1;9+.•r ^`~:•y:n~:'luNev:Z;EA~sus.3l.Ir,~v.'!::A.•r~R ~iM~.fais.<rL4_JG.,~Rlf.~~~-...,t~_~:1:,_.'~d_:~<i7~~.'jC3 i ,.il.ti4:::.~fsA.'i~•~~~gg ~: ,;; t+^~~l.,sw•d"'r• ~..~ ...77 r crh•t dame: ?cinl Nanta_ , $ignature: Signaturta, tf • .. , y off` ~' a•/r _ '.~ i. .1 • ~jc ;~ _, .v' .'.y*~:.. :-= , .. .• - +; ~v. KF~~ y+= ~.i ~ i~~.+ ~ 41 ~X1.~~.~ i. .. • ... 'e i.' : : ~..x ~:' 'F!5 ~.'s-t r~r r et~'4^':7 'C'IY ~ `- 4' rC ; 5 ~~ ~ ~ ~ ~~ ~`~Y~ Y , y?ti ~~ Zo. Y•~. 3 '• : ~~ .4:.r .:b - . _i, r,~. ~ .~,' •~: ~} ~:: ~. ~~, F~ ,:[~,~~.~_~r~ ~•' ~ u . i ~ Y 4 :=4!CE' C ' ~ •A ~b~ 3 =9i :'dF' • S : 't'~5 ~ ~• 3: ' } y. , ? 1 , . ..s: _w h :, :..». l,. S.. : ,r. .s~....r. 4! d e: i x:: C ,,. .is : Print Ni?nla. . . . : ~ ,...., . .~ .x .:n* c4 . . }:: d r._! ~ ; .. ,Rte... Print Nrame: Slgnatu`c, 5igne:ure: Signa~ure Gard Form U8 - 44~ w w 36 ~3flicc ~f` I:he Slta.te C'oslttrofler ilieluru iv: OSC NC:'~5 It:cllti 13esk :1.Idr~ss :=ltl7 hlail:iCT'viC~ ~.i:ILtC:" R.t:ci.h. ETC' 27G~9-1 ~t l r> `L"'endor Flectruttic Payment T«rm 7'c:1~pil~n~: _919-K?~-1jj,- For yat:r can,rcnicnce and E:•enetit, the S~:e o` tiorU: Ca'olina cffErs i~ayocs the opport:.•nit}; to receive futclre payments electronica:ly. rather tan by check. Yo_r F;~,inenls ~ II be deaosited into the nc~~Cki .g or swings ~ rco4nt of yo.:r chance. In aclGiGen to h2vinc the r!:tney de;~osited elec:onicaily, you also will he notified of t:.c dcpos:t either by fax or by o rn~ I_ The '_~x ar e-i::3i: will pro~r'ce you ti~:i:h all th•~ infermatio- that tn~ould r:u::tta ly oe on yat:r cheek st:th. Ta rFC~i~c pay:~xnts eleclroni:::~lly, y[su uiu~t p.^a. con:p•I--vte th's term, atf.~•.ch ~. voided check .,:xJ return bosh to t'+~e 2ddress aho~e. ¢ F*R!NT tl~o following infarmaElun. Federa: ID i~ i Social ser..c:ri'y #: Ba::k Nan;e: Bank Ruutincd Numher: n Checking f;r..count ~: ^ 5a;+:nps F,ccar:!~t~: Re=Ttit P•c[Iress{es) fnr ~4n;,li.^.nhla.^.cc•~~nbsj: G€tAN7 PAYMENTS ONLY ~- iFAK or E-'UfA[L AdQR1=3S for payment notification • !?iace G cherk merle, ~n tr~nr of thr. method nt' no' :icatirn t-ak you ~refer_} ~.. ~ E•n~_iil ~~ddress: L~ =1UC:~: f~u::~oriLed Signa~.~~r,: Hate:: Print N:~mc: ~' ATl :4CFE VO1DL-Q CFiE:Cl4 Title: •