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b. i tie Sponsor will contribute funds towar fie Eo-fai consVu—c ion cos s inn er irec cas expen i ures, a va u <br />non-cash materials or services, or in-kind contributions. The value of any in-kind contribution shall be agreed to in <br />writing prior to implementation. <br />Responsibilities of the Parties: <br />SPONSOR RESPONSIBILITIES <br />If inconsistencies arise between the language in the Statement of Work (SOW) in the agreement and the general terms <br />and conditions, the language in the SOW takes precedence. <br />1. Perform the work and produce the deliverables as outlined in this Statement of Work. <br />2. Comply with the applicable version of the General Terms and Conditions <br />3. Accomplish construction of the EWP project measures by contracting, in-kind construction services, or a combination <br />of both. <br />4. Ensure and certify by signing this agreement that its cost share obligation is from a non -Federal source. <br />5. Acquire adequate real property rights (land and water), permits and licenses in accordance with local, state, and <br />Federal laws necessary for the installation of EWP project measures at no cost to NRCS prior to construction. This <br />includes any rights associated with required environmental mitigation. Costs related to land rights and permits are the <br />Sponsor's responsibility and ineligible for reimbursement. <br />6. 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 />7. 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. Construction costs incurred prior to the Sponsor <br />and NRCS signing this agreement are ineligible and will not be reimbursed. <br />8. 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 />9. 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 />10. 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 />11. For in-kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of <br />Operations describing the construction services to be performed including estimated quantities and values. The Plan of <br />Operations shall be concurred in by NRCS at the pre -design conference. In-kind construction services for equipment <br />shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS. <br />12. The following documentation is required to support the Sponsor's request for reimbursement of in-kind construction <br />services: <br />a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures. <br />b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP <br />project measures. <br />c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for <br />constructing the eligible EWP project measures. <br />d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates <br />Page 4 of 8 <br />