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Responsibilities of the Parties: <br />A. Sponsor will <br />1. Accomplish construction of the EWP project measures by contracting, in-kind construction services, or a combination <br />of both. <br />2. Ensure and certify by signing this agreement that its cost share obligation is from a non -Federal source. <br />3. Designate a project liaison to serve between the Sponsor and NRCS and identify that person's contact information <br />with this executed agreement. Any change in the project liaison during the terms of this agreement must be immediately <br />communicated to NRCS. <br />4. Appoint a contracting officer and an authorized representative who will have authority to act for the contracting officer, <br />listing their duties, responsibilities, and authorities. Furnish such information in writing to the NRCS State <br />Conservationist. <br />5. Comply with the terms and conditions of this agreement and the attached general terms and conditions except those <br />that are not applicable to State and local governments. <br />6. Acquire and provide certification to NRCS that real property rights (land and water), permits and licenses in <br />accordance with local, state, and Federal laws necessary for the installation of EWP project measures have been <br />obtained at no cost to NRCS prior to construction. This includes any rights associated with required environmental <br />mitigation. Sponsors shall provide such certification on Form NRCS-ADS-78, Assurances Relating to Real Property <br />Acquisition. Sponsors shall also provide an attorney's opinion supporting this certification. Costs related to land rights <br />and permits are the Sponsor's responsibility and ineligible for reimbursement. <br />7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in <br />obtaining, adequate land and water rights, permits and licenses needed for the Project. <br />8. Provide the agreed -to portion of the actual, eligible and approved construction cost. These costs may be in the form <br />of cash, in-kind construction services, or a combination of both. Final construction items that are eligible construction <br />costs will be agreed upon during the pre -design conference. These costs consist of costs from contracts awarded to <br />contractors and eligible Sponsor in-kind construction costs for materials, labor, and equipment. The Sponsor shall <br />provide NRCS documentation to support all eligible construction costs. <br />9. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to <br />increase the level of protection over and above that described in the DSR. <br />10. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement. <br />NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for <br />FA, requiring this separation. <br />11. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR § 200.317 <br />through 200.326, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See general <br />terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR § 200.326, contracts <br />must contain the applicable provisions described in Appendix II to Part 200. Davis -Bacon Act would not apply under this <br />Federal program legislation. <br />12. The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor <br />or to any firm in which any Sponsor's official or any member of such official's immediate family has direct or indirect <br />interest in the pecuniary profits or contracts of such firms. Reference 2 CFR § 200.318 regarding standards of conduct <br />covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and <br />administration of contracts. <br />13. Any costs (construction or technical and administrative services) incurred prior to the Sponsor and NRCS signing this <br />agreement are ineligible and will not be reimbursed. <br />14. For contracts, provide NRCS a copy of solicitation notice, bid abstract, and notice of contract award, or other basis of <br />cost and accomplishment. <br />Pana 4 of 14 <br />