HomeMy WebLinkAbout1996 NS ADA -Project Agreement for Orange Co Emergency Watershed Protection USDA
United States Subject: ADS-Project Agreement for Orange Date: May 29, 1997
Department of
Agriculture County Emergency Watershed Protection
Natural To: Brent Bogue, District Conservationist File Code: 120-11-12-14
Resources
Conservation USDA-NRCS, Hillsborough, NC
Service
4405 Bland Rd.
Suite 205
Raleigh,NC 27609 Please find enclosed the original and two copies of the project agreement for
(919)873-2172 Stream Debris Removal and Disposal located within the North Fork Little River,
South Fork Little River,Eno River,Haw River and New Hope Creek
Watersheds,Orange County, North Carolina.
Please obtain signatures from the sponsors on each of the three sets of the project
agreement. Note: The sponsors should also complete the block indicating
approval at an official meeting and complete the Clean Air Water Certification in
Attachment A. The first page of the project agreement should not be dated, as
this will be done when signed by NRCS.
Please return the project agreement to the EWP Project Office. To speed up the
process, you may fax the signature page to the EWP Project Office (919) 873-2146
and follow-up with the hard copies of the agreement via overnight Federal
Express. When it has been signed by the ASTC, we will return fully executed
copies. If you have any questions, give me a call.
According to our records, we have not received land rights from the sponsors,
therefore please include the SCS-ADS-78 "Assurances Relating to Real Property
Acquisition" when returning the package to the EWP Project Office.
AaZA Q,
Elizabeth C. Caldwell
Contract Specialist
Enclosures
cc w/o encls:
Dick Y. Fowler
Michael J. Hinton
Harry J. Gibson
Thomas H. Wetmore
The Natural Resources Conservation Service works hand-in-hand with the
American people to conserve natural resources on private land AN EQUAL OPPORTUNITY EMPLOYER
. STATE: North Carolina
PROJECT= Emergency Watershed
Protection
COUNTY= Orange County
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
pROJE�"" ar•RFF'•'►KENT
THIS AGREEMENT, made this
day ofAaaff ' 19�,
by and between the Orange County Board of Commissioners,
hereinafter
referred to as the Sponsors;
Department
called NRCS .
uation
Service, United State of Agriculture
WITNESSETH THAT:
WHEREAS, under the provisions of Section 216 of Public Law 81-516,
Emergency Watershed Protection Program, and Title IV of the Agricultural
Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the
Sponsors in relieving hazards created by natural disasters that cause a
sudden impairment of a watershed:
NOW THEREFORE, in consideration of the premises and of the several
promises to be faithfully performed by the parties hereto as set forth, the
Sponsors and NRCS do hereby agree as follows :
A. It is agreed that the following-described work is to be constructed at
an estimated cost of $144.000. 00.
Stream debris removal and disposal in Orange County, (Assessment Nos .
1-4, 5, 7, 9, 10, 14-17, 17A & 18) in the North Fork Little River,
South Fork Little River, Eno River, Haw River and New Hope Creek
Watersheds, North Carolina.
B. The Sponsors will :
1 . Provide 25 percent of the cost of constructing the works of
improvement described in Section A. This cost to the Sponsors is
estimated to be $36.000. 00.
2 . Provide certification that real property rights have been
obtained for installation of works of improvement . Certification
will be provided on Form SCS-ADS-781 Assurances Relating to Real
Property Acquisition, as amended.
3 . Accept all financial and other responsibility for excess costs
resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights,
.needed for the works of improvement described ein1SeCtiOn A�Censes
Page 2 of 4 pages
4 . Comply with the requirements of the Special Provisions which are
included in Attachment A to this agreement . If applicable,
complete the "Clean Air and Water Certification, " included in
Attachment A.
5 . Designate an individual to serve as liaison between the Sponsors
and NRCS, listing his or her duties, responsibilities, and
authorities . Furnish such information in writing to NRCS .
6 . Review and approve the final drawings and specifications for the
works of improvement described in Section A.
7 . Reimburse NRCS its share of the cost for constructing the works
of improvement as hereinafter provided:
a. Make payments to NRCS upon receipt of Form SCS-FNM-15, Bill .
Billings will be submitted to the Sponsors on a monthly
basis, or as progress payments are made to the
Contractor (s) .
b. Payments must be received within 30 calendar days from
the date of billing. Payments received after the due date
will be considered late payments . For such late payments,
interest will accrue on the unpaid amount at a percentage
rate based on the current value of funds to the U.S .
Treasury for each 30-day period, or portion thereof, that
payment is delayed.
8 . Upon acceptance of the work by NRCS from the contractor (s) ,
assume responsibility for operation and maintenance, as
appropriate, for the works of improvement installed in its area
of jurisdiction.
C. NRCS will :
1 . Provide 75 percent of the cost of constructing the works of
improvement described in Section A. This cost to NRCS is
estimated to be $108,000. 00 .
2 . Provide authorized assistance including, but not limited to,
obtaining basic information; preparation of contract drawings,
designs, and specifications; performance of layout; inspection
services; contract administration; and quality assurance during
installation of the works of improvement .
3 . Contract for construction of the works of improvement described
in Section A. in accordance with Federal contracting procedures .
4 . Make changes in the work described in Section A. as mutually
agreed upon with the Sponsors, and modify the contract (s)
accordingly.
Page 3 of 4 pages
5 . Make progress payments to the Contractor (s) in accordance with
contractual requirements . Submit Form SCS-FNM-15, Bill, to the
Sponsors for reimbursement to NRCS of the Sponsor' s share of the
cost of constructing the works of improvement described in
Section A.
6 . Arrange for and conduct final inspection of the completed works
of improvement with the Sponsors to determine whether all the
work has been performed in accordance with contractual
requirements . Accept work from the Contractor (s) and notify the
Sponsors of acceptance.
D. It is mutually agreed that :
1 . No member of or delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this agreement or to
any benefit that may arise therefrom; but this provision shall
not be construed to extend to this agreement if made with a
corporation for its general benefit .
2 . Additional funds, properly allocable as construction costs as
determined by NRCS, required as a result of a Contractor' s claim,
are to be provided in the same ratio as construction funds are
contributed under the terms of this agreement .
3 . The furnishing of financial or other assistance by NRCS is
contingent upon the availability of funds appropriated by
Congress* from which payment may be made and shall not obligate
NRCS upon failure of the Congress to so appropriate.
4 . NRCS may terminate this agreement in whole or in part when it is
determined by NRCS that the Sponsors have failed to comply with
any of the conditions of this agreement . NRCS shall promptly
notify the Sponsors in writing of the determination and reasons
for the termination, together with the effective date. Payments
made by or recoveries made by NRCS under this termination shall
be in accord with the legal rights and liabilities of NRCS and
the Sponsors .
5 . This agreement may be temporarily suspended by NRCS if NRCS
determines that corrective action by the Sponsors is needed to
meet the provisions of this agreement . Further, NRCS may suspend
this agreement when it is evident that a termination is pending.
6 . The program or activities conducted under this agreement will be
in compliance with the nondiscrimination provisions contained in
the Titles VI and VII of the Civil Rights Act of 1964, as
amended; the Civil Rights Restoration Act of 1987 (Public Law
100-259) ; and other nondiscrimination statutes : namely, Section
504 of the Rehabilitation Act of 1973 , Title IX of the Education
Amendments of 1972 , and the Age Discrimination Act of 1975 . They
Page 4 of 4 pages
will also be in accordance with regulations of the Secretary of
Agriculture (7 CFR-15, Subparts A & B) , which provide that no
person in the United States shall on the grounds of race, color,
national origin, age, sex, religion, marital status, or handicap
be excluded from participation in, be denied the benefits of, or
be otherwise subjected to discrimination under any program or
activity receiving federal financial assistance from the U.S .
Department of Agriculture or any agency thereof .
ORANGE COUNTY BOARD OF COMMISSIONERS This action
authorized at an
of icial me tin of
By: on t1le da of
CHAIR, ORANGE COUNTY . 19016,, at
Title "A". Olr COMMISSIONERS State of North Caro ina.
Date :
(Signature
(Title)
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
By
Title :Asst . State Conservationist (OPS)
Date :
ATTACHMENT A- SPECIAL PROVISIONS
I. DRUG-FREE WORKPLACE CERTIFICATION
H. CERTIFICATION REGARDING LOBBYING
III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS -PRIMARY COVERED TRANSACTIONS
IV. CLEAN AIR AND WATER CERTIFICATION
V. ASSURANCES AND COMPLIANCE
VI. EXAMINATION OF RECORDS
ATTACHMENT A-SPECIAL PROVISIONS
The signatories agree to comply with the following special provisions which are hereby
attached to this agreement.
I. Drug-Free Workplace
By signing this agreement,the sponsors are providing the certification set out below. If it
is later determined that the sponsors knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act, the Service, in
addition to any other remedies available to the Federal Government,may take action
authorized under the Drug-Free Workplace Act.
Controlled substance means a controlled substance in Schedules I through V of
the Controlled Substances Act(21 U.S.C. 812) and as further defined by regulations (21
CFR 1308.11 through 1308.15);
Conviction means a finding of(including a plea of nolo contendere) or imposition
of sentence, or both,by any judicial body charged with the responsibility to determine
violations of the Federal or State criminal drug statues;
Criminal drug statute means a Federal or non-Federal criminal statute involving
the manufacturing, distribution, dispensing , use, or possession of any controlled
substance;
E=Iovee means the employee of a grantee directly engaged in the performance
of work under a grant, including: (I)All direct charge employees; (ii) All indirect charge
employees unless their impact or involvement is insignificant to the performance of the
grant; and, (iii)Temporary personnel and consultants who are directly engaged in the
performance of work under the grant and who are on the grantee's payroll. This
definition does not include workers not on the payroll of the grantee(e.g.,volunteers,
even if used to meet a matching requirements; consultants or independent contractors not
on the grantees' payroll; or employees of subrecipients or subcontracts in covered
workplaces).
CERTIFICATION:
A. The sponsors certify that it will or will continue to provide a drug-free workplace
by:
(A) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing,possession, or use of a controlled substance is prohibited in the
grantee's worklplace and specifying the actions that will be taken against employees for
violation of such prohibition;
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(B) Establishing an ongoing drug-free awareness program to inform employees
about--
(1) The danger of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling,,rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(C) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by paragraph(a);
(D) Notifying the employee in the statement required by paragraph(a) that, as a
condition of employment under the grant,the employee will --
(1) Abide by the terms of the statement; and
(2) Notifying the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after
such a conviction;
(E) Notifying the Service in writing,within ten calendar days after receiving
notice under paragraph(d) (2) from an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees must provide notice, including
position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include the identification number(s) of
each affected grant;
(F) Taking one of the following actions,within 30 calendar days of receiving
notice under paragraph(d) (2),with respect to any employee who is so convicted--
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973,
as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal, State or
local health, law enforcement, or other appropriate agency;
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(G) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
(H) Agencies shall keep the original of all disclosure reports in the official files
of the agency.
B. The sponsors may provide a list of the site(s) for the performance of work done in
connection with a specific project or other agreement.
H. Certification Regarding Lobbying(7 CFR 301 a) (Applicable if this agreement
exceeds $100,000) -The sponsors certify to the best of their knowledge and belief, that :
(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of
the sponsors, to any person for influencing or attempting to influence an officer or
employer of Congress, or a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant,the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress an officer or employee of Congress, or an employee of a
Member of Congress, in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall compete and submit Standard Form-LLL., "Disclosure
Form to Report Lobbying, " in accordance with its instructions.
(3) The sponsors shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31,U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
r,.
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III. Certification Regarding DEBARMENT, Suspension, and Other
Responsibility Matters -Primary covered Transactions, (7 CFR 3017)
(1) The sponsors certify to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended,proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal department
or agency;
(b) Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, state or local)transaction or contract under public transaction; violation of
Federal or State antitrust statutes or commission embezzlement, theft, forgery,bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, State or local)with commission of any of the offenses
enumerated in paragraph(1) (b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal has
one or more public transactions (Federal, State or local)terminated for cause of default.
(2) Where the primary sponsor is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this agreement.
IV. Clean Air and Water Certification
(Applicable if this agreement exceed$100,000, or a facility to be used has been the
subject of a conviction under the Clean Air Act(42 U.S.C. 1857c-8 (c) (1) or the Federal
Water Pollution Control Act (33 U.S.C. 1319 (c)) and is listed by EPA, or is not
otherwise exempt.)
The project sponsoring organization(s) signatory to this agreement certifies as follows:
(a) Any facility to be utilized in the performance of this proposed
agreement is , is not k Listed on the
Environmental Protection Agency List of Violating Facilities.
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(b) To promptly notify the State Administrative Officer prior to the
signing of this agreement by MRCS, of the receipt of any
communication from the Director, Office of Federal Activities,
U. S. Environmental Protection Agency, indicating that any
facility which he proposes to use for the performance of the
agreement is under consideration to be listed on the Environmental
Protection Agency List of Violating Facilities.
(c) To include substantially this certification, including this subparagraph
(c), in every nonexempt subagreement.
CLEAN AIR AND WATER CLAUSE
(Applicable only if the agreement exceeds $100,000, or a facility to be used has been the
subject of a conviction under the Clean Air Act(42 U.S.C. 1857-8(c) (1) or the Federal
Water Pollution Control Act(33 U.S.C. (1319(c)) and is listed by EPA or the agreement
is not otherwise exempt.)
A. The project sponsoring organization(s) signatory to this agreement agrees as follows:
(1) To comply with all the requirements of section 114 of the Clean Air Act
as amended(42 U.S.C. 1857, et seq., as amended by Public Law 91-604)
and section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251
et. seq., as amended by Public Law 92-500),respectively, relating to
inspection, monitoring, entry,reports, and information, as well as other
requirements specified in section 114 and section 308 of the Air Act and
the Water Act,respectively, and all regulations and guidelines issued
thereunder before the signing of this agreement by NRCS.
(2) That no portion of the work required by this agreement will be performed in
a facility listed on the Environmental Protection Agency List of Violating
facilities on the date when this agreement was signed by NRCS unless and
until the EPA eliminates the name of such facility or facilities from such
listing.
(3) To use their best efforts to comply with clean air standards and clean water
standards at the facilities in which the agreement is being performed.
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(4) To insert the substance of the provisions of this clause in any nonexempt
subagreement, including this subparagraph A. (4).
B. The terms used in this clause have the following meanings:
(1) The term"Air Act"means the Clean Air Act, as amended(42 U.S.C.
1857 et seq., as amended by Public Law 91-604).
(2) The term "Water Act"means Federal Water Pollution Control Act,
as amended(33 U.S.C. 1251 et seq., as amended by Public Law 92-500).
(3) The term"clean air standards"means any enforceable rules,regulations,
guidelines, standards, limitations, orders, controls, prohibitions, or other
requirements which are contained in, issued under, or otherwise adopted
pursuant to the Air Act or Executive Order 11738, an applicable
implementation plan as described in section 110 (d) of the Clean Air Act(42
U.S.C. 1857c-5(d)), and approved implementation procedure or plan under
section 111 (c) or section 111 (d),respectively, of the Air Act(42 U.S.C.
1857c-6(c) or(d)), or an approved implementation procedure or plan under
section 112 (d) or the Air Act(42 U.S.C. 1857c-7(d)).
(4) The term"Clean water standards"means any enforceable limitation, control,
condition,prohibition, standards, or other requirement which is promulgated
pursuant to the Water Act or contained in a permit issued to a discharge by
the Environmental Protection Agency or by a State under an approved
program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or
by a local government regulations as required by section 307 of the Water
Act(3 U.S.C. 1317).
(5) The term"compliance"means compliance with clean air or water standards.
compliance with clean air or water standards. Compliance shall also mean
compliance with the scheduled or plan ordered or approved by a court of
competent jurisdiction, the Environmental Protection Agency or any air or
water pollution control issued pursuant thereto.
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(6) The term"facility"means any building, plant, installation, structure, mine,
vessel or other floating craft, location or site of operations, owned leased,
or supervised by a sponsor, to be utilized in the performance of an agreement
or subagreement. Where a location or site of operations contains or includes
more than one building,plant, installation, or structure, the entire location
shall be deemed to be a facility except where the Director, Office of Federal
Activities, Environmental facilities are collocated in one geographical area.
V. Assurance and Compliance
As a condition of the grant or cooperative agreement, the recipient assures and certifies
that it is in compliance with and will comply in the course of the agreement with all
applicable laws,regulations,
Executive Orders and other generally applicable requirements, including those set out in
7 CFR 3015, 3016, 3017 and 3018 which hereby are incorporated in this agreement by
reference, and such other statutory provisions as are specifically set forth herein.
VI. Examination of Records
Give the Service or the Comptroller General, through any authorized representative,
access to and the right to examine all records,books,papers, or documents related to this
agreement. Retain all records related to this agreement for a period of three years after
completion of the terms of this agreement in accordance with the applicable OMB
Circular.
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