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HomeMy WebLinkAboutCOM 0082.018 2004-2006 oooM~r or ham' G6•;. Patricia G. Engelhard Harry Kim Director Y h oi'Ni } FF Pamela N. Mizuno ~G?DU~Ip ~l ~~tU~t`~ Deputy Director DEPARTMENT OF PARKS AND RECREATION 25 Aupuni Street, Roum 210 • Hilq Hawaii 96720-4252 (808) 961-8311 • Fax (ROS) 961-841 I DATE: July 1, 2005 TU: Stacy Higa Council Chair and Council Members - VIA: Deanna Sako, Controller ~.P~ _ t~ b ~ ~~~I~~E~~~~ FROM: Patricia En =elhard, Director ~ ~ RE: NOTIFICATION OF GRANT AWARD Compliance with Ordinance No. OS-86, Section 7(1) Name of Grant Program: Wildlife 1labitat Incentives Program (WHIP) Grantor. i JS Department of Agriculture, Natural Resources Conservation Service County Grantee Department or Agency: Parks and Recreation Grant No. (IF KNOWN): 7292515A056 Amount of Grant: $47,400 Amount of County Match: -0- (25% match by volunteer group) County Revenue & Expenditure Account Numbers: 3303.78 (Revenue) O10-500-5503.40-341 (Expenditure) Grant Period (Commencement & Completion): 10/1/OS - 9/30/06 Purpose of Grant: Funds will be used towards a reforestation project mauka of the West Hawaii Veterans Cemetery. Funds will be used to purchase fence material to fence 40 acres of land to protect newly planted native species. The plants will be donated for the project and volunteer manpower will be utilized for the planting project and fence installation. Is tinal report required by grantor? Yes [f No Comm. No. 82~~~ Notification attached: Yes No, because Ref. 70; Raf. Uate .1111_-_..,~ 7 71105 roan ~ucn eio~ County of Hawaii is an Equal Opportunity Provider and Employer O United States Department of Agriculture Natural Resources Conservation Service [Address] (City, Stato Zip] Our People...0ur Islands...ln Harmony 6/14/05 c/ Pat Engelhard ~,~S~b Hawaii County Parks and Recreation Uirectn~ - 25 Aupuni St. t%e,r, Dlr Hllo, HI Planner Accounting Personnel Agreement No.: 7292515A056 L Program: Wildlife Habitat Incentives Program (WHIP S~~~aY " Dear Pat,: t~;(l i(v ~U~,.f Please find the following documents enclosed: • CCC-1200 Conservation Program Agreement • Guidelines #1 Implementing Farm Bill Contracts • Guidelines #2 Documenting Expenses • Guidelines #3 Eligible Practice Expenses • Certification of Non-Segregated Facilities (form NRCS-ADS-818) • Notice to Prospective Federally Assisted Construction Contractors and Notice to Prospective Subcontractors of Requirement for Certification of Nonsegregated Facilities (form SCS-AS-819) Congratulations, your request for 2005 WHIP Agreement has been approved for the amount indicated in item 9b of the enclosed CCC-1200 Conservation Program Agreement. Please review the CCC-1200 and CCC-1200-WHIP (Appendix). Item 9a in the CCC-1200 provides a list of practices to be completed as part of the terms of this agreement and includes the years which they are scheduled for completion. These are the same practices that will be listed in your approved Conservation Plan. Please do not start any practices before your Conservation Plan has been formally approved (unless you obtain a waiver to begin early implementation) or it may invalidate the practice from receiving cost-share reimbursement payments. At least one essential practice must be commenced within the first 12 months of the agreement approval and all cost-share practices must be completed at least 2 years before the agreement expires. If modifications or practice implementation schedules need to be revised, please contact our field office for approval, prior to the expiration date of the practice. All practices must be completed within the agreement period indicated in Item 9b on the CCC-1200. Contact our NRCS field office at (808) (322-2484) to arrange for the completion of your Conservation Plan. Once approved, the Conservation Plan will serve as the basis of your contract. You may begin implementation of the conservation practices included in this contract after the Conservation Plan has been approved and you have been given a copy of the practice design and specification requirements. The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and improve our natural resources and environment. An Equal Opportunity Provider and Employer O ' United States Department of Agriculture Natural Resources Conservation Service [Address] [City, State Zips Our People...0ur Islands...ln Flarmony Also enclosed are Guidelines 1-3 for your use. An electronic copy of Guidelines #2 for Documenting Expenses is also available upon request. If the CCC-1200-WHIP (Appendix) Item 16 applies to your circumstances, the enclosed Certification of Non-Segregated Facilities form (NRCS-ADS-818) must be completed by the contractor. Return the completed form to the NRCS District Conservationist before cost-share work begins. Also enclosed is form SCS-AS-819 referenced in item 16d as NRCS-ADS-819. If you publicize this WHIP project, please acknowledge the Natural Resources Conservation Service. We look forward to assisting you. Sincerely, [Jeff Knowles] District Conservationist Enclosures (6) cc (w/o enclosures): [Lee Kunitake], CED, USDA-FSA, [Hawaii] County Kent Matsutani, Assistant State ConservationisUPrograms, USDA-NRCS, Honolulu The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and improve our natural resources and environment. An Equal Opportunity Provider and Employer o~n,~ tlo. 0570-oat3 ccc-t2oo U,S, ®EPAR j ItiLaiV T ®h pGRICUL T UHE t. State & County Code t5oot 7/2003 Np j ORAL P.E$OURCE$ 2a. Farrci Number 2656 CON$ERVATIOIN $ERVIfaE b. Tract Number(s) 2798 c. Legal Description 3. Agreement Number 7292515A056 CONSERVA7-ION PR®GRAM AGREEMENT 4a. Primary Fund Code WHIP FA (Kealakekua Field Office) b. Additional Fund Code(s) 5. HUA Number 20010000 6. Total Treated Acres 40 2b. Farm and Tract Numbers (continued): 2c. Legal Description (continued): 4b. Additional Fund Code(s) (continued): 7. PROGRAM: THIS is an APPLICATION to participate in the Wildlife Habitat Incentives Program (WHIP) On the farm identified above the Applicant agrees to participate in the identified program if [he offer is accepted by the Natural Resources Conservation Service (NRCS). The undersigned person shall hereafter be referred [o as "the Applicant"The Applicant understands that starting a practice prior to NRCS approval causes the practice to be ineligible for program financial assistance and the applicant will obtain the landowner's signature on the agreement to install structural practices. Applicant Name, Address, and Telephone Number: HAWAII COUNTY DEPARTMENT OF PARKS AND RECREATION 25 AUPUNI ST HILO, HI 96720 (808) 967-8317 I (we) hereby apply for participation in the identified program and attest that the name(s) listed above have complete control of the property herein. `'',`~'V~Y/ C SIGNATURE OF APPLICANT DIXIE' I(AETSUMctnaging Director DATE ~R (signature of individual or authorized representative of entity or joint operation) ~ ® 20U5 Mayor,,Harry Kim 8. A eemeflt Provisions Sa. THIS AGREEMENT is entered into between the Natural Resources Conservation Service (referred to as "NRCS") and [he undersigned Participant(s) to implement and maintain specific conservation practices, as set forth in Section 9a, Performance/Payment Scheduled for Agreement, on [he property as identified above in Section 2. In consideration Tor the implementation or maintenance of the practices, NRCS will make payments to the Participant(s) in [he amount(s) described in 9a. This Agreement is effective on the date signed by NRCS and extends through the agreement expiration date identified in Section 9b. 8b. This Agreement is comprised of this form CCC-1200, [he "Appendix to Form CCC-1200,' any addenda thereto, and NRCS and the Participant(s) agree that these documents constitute the entire agreement of NRCS and the Participant(s), inclusive. ey signing this agreement, the Participants acknowledge the receipt of the following forms: CCC-1200, Appendix to Form CCC-1200, and any addenda thereto. By signing below, NRCS and the Participant(s) agree to comply with the terms of this Agreement. If NRCS determines that the Participant(s) violated the terms of this Agreement, the Participant(s) agree to forfeit further payments under this Agreement and refund [o NRCS all payments received hereunder and pay such administrative costs as described in the "Appendix to Form CCC-1200.' APPROVED AS TO FORM AtpD ~.EJG}A~,ITY. 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E oW E o~' E oW E oW E ~ ZC7 v zU' eI ZU` m zU m zU m ~ C V JZ R JZ N JZ IG ¢z [J az N z U Ti ~ ~ ~ ~cG ~ Z O ~ ~'U m o a F. 'c_ ~ m m m m rn rn c~ m o ~ m L N ~ N~ N~ N ~ N~ ~ 0 N C1 O C U~ U-O U"_O `"O Ua O_ E ~ ~ m m~ m m w m E~ F' PI [1 61~ F- L' t- IL t- L F- L' F- LL U c€: L_ J ¢ ~ N Un 6i N,~ r m m m m ° ° ~ OM6 Nq. 057S-0093 ccc-,zoe ~g ~ ~t~F"-A 1ENT AGRfGllL i IRE state a counts _ ,soo, 7/2003 I NA Y ~7(-3P.. C(~: C~I~I~~E~ ~(~N~ERVA~I®N 2a. Farm Number 2656 ~E(?VI~E b. Tract Number(s) 2798 c. Legal Description 3. Agreement Number 72925,SA056 C®IV~E('iVA l 9®N F'RbGRAM AGREEMEN I 4a. Primary Fund Code WHIP FA (Kealakekua Field Office) b. Additional Fund Code(s) 5. HUA Number 20010000 6. Total Treated Acres 40 26. Farm and Tract Numbers (continued): 2c. Leeal Descrlnrlnn r~,..,n,., 4b. Additional Fund Code(s) (continued): 9b. AGREEMENT PERIO® Agreement Start Date: D~~o2~2~ aS ~ 9 Q/D Agreement Expiration Date: ~ 3 2 NOTE: Agreement can expire no earlier than one year after the last scheduled practice is certified completed to standards and specifications. TOTAL 2005 2006 2007 2008 2009 To[al FA: $47,400 $47,400 Tolal TA: Total Agreement $47,400 $47,400 Obligations: -~l~~x ~.~J O.~ , O. AGREEMENT PARTICIPANTS P&R DixeC to atrlCla ~ gelhard NAME, ADDRESS, and PHONE NUMBER OW OP PAYMENT ID NUMBER: HAWAII COUNTY DEPARTMEN70F PARKS SHARES SIGNATURE: DATE: AND RECREATION 100.00 25 AUPUNI ST HILO, HI 96720 ~3 jtp~ ayor, arry im O v~ 9Y ,1. NRCS USE ONLY-Payments according to the shares approved. SIGN URE OF NR S EPRE NTp3"IVE Dale ~ / /Vl~ of D,f~v ~2oa.t nt operation ID, it applicable. Page 4 of 5 CcC-720® 14,x. FbG~F's Naf:6V h ®t; ACaEpeICULYLBRi~ t. Stale e Coun Je 150ot 7/zooa j 4.JPAP- F; 4=~6E~G~'~~,~s ~®{t9~~~VAYI~SP`<9 2a. Farm Number 2656 _ t,x ~9f4~~ b. Tract Number(s) 2798 a Legal Description 3. Agreement Number 7292515A056 ~9NSE€;VAYI®N F~LJC)~f~'A~ AG4~~~fVdEPJ~ Sa. Primary Funtl Code WHIP FA (Kealakekuz Field Oifice) b. Addiiional Fund Code(s) 5. HUA Number 20010000 6, Total Treated Acres 40 2b. Farm and I ract Numbers (continued): 4b. Addlfional Fund Code(s) (con6nued):- AGREEMENT MODIFICATIONS (N-) AMOUNT. NRCS INITIAL DATE COMMENTS A. B. _ C. D. E F. - _ G - H. I. J. IC L. _ _ M. N. - _ _ O. - P. Q_.-_'' R. _ S. T. Page 5 of 5 ~~~~4~®t~-W211f~ (A;ap3mrasiixi on~a rao. osi€-o®aa 72003 See CCG-1200 M1or Pnvacy Ft and Public aurzl~n Staterneni Natural Resources Conservation Service 9 D~l'INIS'i~1~9~ All words and phrases, unless the context of subject matter otherwise requires, shall have the meanings assigned to Them in the regulations governing the Wildlife Habitat Incentives Program which are fiound at 7 CFR Part 63G. 2 RI=~T~;BCTiONS ®f~9 fVl@TI~/97E®N 6'aCTIVITI~S WHIP funds cannot be used for mitigation of any kind, or on any land designated as converted wetland according to 7 CFR Part 12. Such lands can be included in a WHIP cost-share agreement, however cost-share funds cannot be expended on those acres. 3 AG~~~M~Ni A The participant agrees: (1) To place eligible land into the WHIP for the period identified in the Wildlife Habitat Development Plan (WHDP) and to establish such practices according to the implementation schedule therein: Once the CCC-1200 is signed by all parties, practices may be established in advance of the scheduled establishment time at the discretion of the participant. At least one essential practice must be commenced within the first 12 months of the agreement and all cost-share practices should be completed at least two years before the expiration date of the cost-share agreement; (2) To comply with the terms and conditions of the WHDP and/or attachments to the WHDP, including the operations and maintenance agreement. The practice Iifespan shall become effective upon certification for WHIP payment. The effective life of a practice may extend beyond the length of this agreement. Operations and maintenance requirements will only be enforced as an agreement provision during the agreement period identified in 9b of the CCC-1200. However, NRCS may consider failure to maintain a practice for the life span of a practice as a consideration in future WHIP funding decisions. (3) To establish, maintain, and replace practices as agreed to in the Witldlife Habitat Development Plan; (4) Not undertake any action on land under the participant's control which tends to defeat the purposes of this cost-share agreement, as determined by' NRCS; (5) To secure all needed local, State, and Federal permits prior to comrmencing the practice(s) on the designated areas; (6) If, during the construction of any practice, a previously unidentified archaeological or historic site(s) is encountered, the participant shall discontinue work in the general area of the site(s) and notify the NRCS immediaf;ely; and CCC-1200-WHIP Appendix, 7,12003, Page 1 of 10 '~~~-i~®®-lM~7EP (~',~s;~~a~~h,f osuh r3o. ©~~~-~c~s 7/200 ~ Sep CCG 1200 ioi Privacy Aci and PuUlic burden Sl3ternent (7) To provide NRCS or its agent access to WHIP acreage fo reviev°d ha effectiveness of the practices during the agreement period. NRCS agrees, subject to the availability of funds, to: (t) Share the cost with owners and operators of establishing wildlife habitat development practices, or an identified unit thereof, as agreed to in fhe Wildlife Habitat Developrnei~t Plan; (2) Provide for technical assistance to successfully establish the desired wildlife habitat and to meet the goals and objectives of the program. 4. PAV~~N`Ya Subject to the availability of funds: A Payment will be made using the cost method and cost-share rate specified in the agreement. Payment will occur following a determination by NRCS that an eligible practice, or an identifiable unit thereof, has been established according to the appropriate standards and specifications required by the agreement. F~ The cost-share payment (designated as AC, AA, AM, or FR) identified in the "cost/unit" column of the agreement support document shall be paid at the cost specified on the cost list which is in effect at the time installation of the practice is initiated and for the quantity or extent of the practice installed. C Significant increases to cost-share payments shall be made at the cost specified on the cost list in effect at the time the practice is initiated upon execution of a modification of the agreement. ® In order to be reimbursed for technical services approved under this agreement and performed by a certified Technical Service Provider ("TSP") hired by the participant, a participant must execute a request for payment in the form of an Application for Payment form, NRCS-1245. The participant must also submit to NRCS an invoice from the TSP for the work performed as well as any documentation NRCS may require in order to ensure that the technical services were carried out in accordance with NRCS requirements and specifications. It is the participant's responsibility to ensure that the technical services obtained from a TSP hired by the participant meet program requirements. NRCS will not reimburse the participant if the technical services provided by the TSP do not meet WHIP requirements. If NRCS terminates this agreement as provided under paragraph 9 of this Appendix, NRCS may seek reimbursement of any TSP payments made to the participant. GCC-1200-WHIP Appendix, 7/2003, Page 2 of 10 ~~~~UU~HVp (L1g~~~oasi9;f9 crE~~ no. o=~~-m®~u~ 7/2093 See CCC-12D0 for Privacy.\c. and Public Bm'den Sfatomen~ S VI®E,~~~ION~, DBS~UTES, ANU f~PPEA[~S ~S A vialatiora is the participant's failure to comply with any or all of the terms and conditions of this agreement, including, but not limited to the failure: (1) to implernent practices as scheduled in the Wildlife Habitat Development Plan; (2) t0 meet SDBCIiICatibils fr'ir F!ca i~lishin~i nra_cticge: (3) to maintain in a satisfactory condition all cost-shared practices; or (4) of a practice(s) because of circumstances within the control of the participant. If the participant removes the cause for noncompliance, a violation can be avoided. D Other violations include, but are not limited to: (1) Destruction of a practice established under the terms of the cost-share agreement without the approval of NRCS or failure to apply compensatory treatment for the destroyed practice as agreed to by NRCS. (2) False application for payment. C If NRCS makes an adverse determination, the applicant or participant shall be entitled to a review of that adverse determination in accordance with the appeal procedures found at 7 CFR part 614, part 11 or any successor provisions. 6 ERRONEOUS REPRESENTATION AND SCWEME OR DEVICE A A participant who is determined to have erroneously represented any fact affecting a determination with respect to this cost-share agreement and the WHIP regulations, adopted any scheme or device which tends to defeat the purposes of this program, or made any fraudulent representation with respect to this agreement, will not be entitled to payments or any other benefits made in accordance with this agreement and the participant may be required to refund all payments received by such participant, plus interest, with respect to this agreement. R Refunds determined to be due and owing in accordance with this agreement will bear interest at the Current Value of Funds Rate published annually in the Federal Register by the United States Department cf Treasury. C In addition to the provisions of paragraph 6A of this Appendix, the participant may be subject to civil or criminal liability under any applicable statutes, including but not limited to 18 U.S.C. 268, 287, 371, 641, 1001; 15 U.S.C. 714m; and 31 U.S.C. 3729. CCC-1200-W HIP Appendix, 7/2003, Pape 3 of 10 ~Q~~-'! ~~.9~-lIU6~i~ (fad; drurli/Ff ®snc ray. os7s-ao~~, 3 ~/'-003 See CCC-1200 for Privacy Act and Public Burden Sta[ernent `e f~~~~9f~'d~;A m I~bii C 6°tAta7~~ ~ b ~ ~'~k~i~'fca F59L91ti~ ~®ft9~B ~ I~419~ ~I= `iii 9~ B ~~C I/a:k C; A~~:~~ijJ]~E'v9-t MRCS agrees Thai, if any changes of any terms and conditions of this cost-share agreement are necessary, NRCS wil! nofify the persons signing the CCC-1200 of such change and such person will be given 30 days from the date of notification in which to agree to the revised terms and conditions or fo terminate the agreement. i he participant agrees that failure to notify the NRCS within fhe 30 day period constitutes agreement to the revised terms and conditions. f°~~~~C~O®6~~ MRCS reserves the right to correct all errors in entering data or in the results of computations in the cost-share agreement. 9 ~°~RNdIGl9A`t'I®I\! ~P C®S`~-~ItAR~ A~~~~Ni~NT A NRCS may terminate this agreement if a participant: (1) violates the terms and conditions of this agreement, or (2) transfers ownership or control of land subject to this agreement and the transferee refuses to assume the obligations of this agreement with respect to the transferred acreage. ~ If NRCS terminates this agreement, then NRCS may require such participant: (1) to refund in whole or in part, with interest, cost-share payments received under this agreement; and (2) to reimburse any costs and expenses incurred by NRCS in the implementation, enforcement, or termination of this agreement. C If NRCS determines that the nature or extent of the participant's action does not warrant termination of the agreement, the NRCS may require the participant to accept adjustments in future cost-share payments, as determined appropriate by NRCS. NRCS may:consider a participant's failure to accept such adjustments as a reason to terminate the agreement. iC J eliVY' LI.~a~i~l7v All participants who sign this agreement shall be jointly and severally liable for compliance with its terms and conditions, including the terms and conditions of the WHDP and/or attachments to the WHDP. CCC-7200-WHIP Appendix, 7/2003, Page 4 0. 1 0 - ~~~~72®®~NJ6-29F' (L~~~gl-ic94x.~ aline rto. o57s-oceza 7/20?l,^, See CCC-5200 for Privacy Act~and Public burden Siaternent ~ 1 Eli' ~E~`~6'VF ®A`s E f~Ct9~ Yid®©I~IayA T I®N~ A ®dd®~`p~~E1vxE~E GaKsiE~EEM6N~' A Changes maybe made in this cost-share agreement through modifications that are agreed to by the participant(s) and MRCS. D The WHIP cost-share agreement is effective when signed by the participants, and NRCS. Except as otherwise determined by NRCS, the agreement may not be revoked unless by mutual agreement between the parties. G In the eveni that a statute is enacted during the period of this agreement which would materially change the terms and conditions of this agreement, the NRCS may require the pal-ticipants to elect between acceptance of modifications in this agreement consistent with the provisions of such statute or termination of this agreement. 92 CIVIL RIGI-0T5 REQUOREMENTS U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientations, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 W, Whitten Building, 14th and Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 (voice or TDD). USDA is an equal opportunity provider and employer. 13 COaT-SIiARE AGREEMENT SUPPLEMENT A It is further agreed that HAWAII COUNTY DEPARTMENT OF PARKS AND RECREATION is the participant who will carry out the practices and treatment for which cost-share payments will be made. All cost-share payments for restoration practices shall be made in accordance with the division of shares provided in the WHDP. Application for Payment, NRCS-1245, shall be signed by HAWAII COUNTY DEPARTMENT OF PARKS AND RECREATION. ~ It is further agreed that modification documents shall be signed in the name of HAWAII COUNTY DEPARTMENT OF PARKS AND RECREATION by HAWAII COUNTY DEPARTMENT OF PARKS AND RECREATION. 14 R@GULATIONS TO PREVAIL The regulations in 7 CFR Part 636 for the WHIP and 7 CFR Part 12 are incorporated herein. In the event of a conflict between these regulations and the terms of this Appendix, the provisions of the regulations will prevail. CCC-1200-WHIP Appendix, 7/2003, Page 5 of 10 ~~;4~°t~~D~o~UVu,98'~tP~h;;~~~i~~:'R:a) ouf~N~.os~~-ci,^~ 7L`3Jt73 Sue GCC-1200 for Privacy Aci and Public Burdon Sta iemeni i~~ ~~~i~i~~Ll-~I`v~; L. ~1916i ~tl G~~Cf~1~1~~~~1L-.~ Lf~~ft~~ fa Participant(s) agree to carry out this agreement in accordance witl7 all applicable federal statutes and regulations, including, but not limited to, the Endangered Species Act of 1973 (Public Law 93-205, 87 Stat. 884-, as Amended; 1G U.S.C. 1531 of seq) and National Historic Preservation Act of 196G (Public Law 91-190, 83 Stat. 852; 42 U.S.C. 4321 et seq). Participant(s) agree to comply with the nondiscrirination provisions contained in the l-ities - ~ .-.,.u , uyuw rtt.t vi ~av~., aE~ dhleild BUS i118 l.iVll Yilgili5 1iESiO ratlOn ACt Of 1987 (Public Law 100-259) and other nondiscrimination statues; namely, Section 504 of the Rehabilitation Aci of 1973, Title IX of the Education Amendments of 1972, and the Age Discrimination Act of 1975, and American's With Disabilities Acf of 1990. Participant(s) also agree to comply with the 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, nafional origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving federal assistance from the Department of Agriculture or any agency thereof. C As required under paragraph 3A(5) of this Appendix, the Participant(s) are responsible for obtaining all needed local, State, and Federal perrnits prior to commencing any activities in the designated areas. 16 N®N®ISCFi1MINe~TION AN® EOUAL EMPLOYMENT REOIJIREMENTS A Construction work carried out through long-term agreements are subject to non-segregated facilities provisions applicable to federally-assisted construction contracts. These provisions apply to this agreement if: (1) A participant enters into any single contractual arrangement with a contractor and the estimated cost exceeds $10,000, or (2) A participant performs the construction work and employs personnel for the specific purpose of assisting in performing the work, and the estimated cost exceeds $10,000 for work to be carried out during a 12-month period. U If the conditions of paragraph 16A are met, the following clauses apply to this agreement: (1) The participant agrees to include in any single contractual arrangement estimated to exceed $10,000 the non-segregated facilities provisions applicable to federally-assisted construction contracts. (2) The participant shall comply with Executive Order 11246 and the non- segregated facilities provisions with regard to employment of people specifically to assist the participant in construction work estimated to exceed $10,000 to be installed in any 12-month period. (3) The participant shall actively assist NRCS and/or the conservation district in obtaining from the contractor full compliance with non-segregated facilities provisions in any contractual arrangement entered info by the participant. CCC-7200-WHIP Appendix, 7/2003, Page 6 of 10 . ~ ~ ~~~-y~~A7~W~871 (~~Sphbrl~~9asc~ r~~~ tao. os~a-a~71~ 7/2006 Sce CCC-1200 for Privacy Ad and Puulic L'urden Staiemenl The Contracting Officer is to furnish the participant all forms, posters, and instructions for compliance with Executive Order 11246 and the non-segregated facilities provisions. C I he participant agrees to obtain signed MRCS-ADS-818, Certification of Non-segregated Facilities (form provided by NRCS) from a contractor when the construction contract exceeds $10,000. The participant further agrees to provide the signed agreement to the Contracting Officer. ® If the total estimated cost of this agreement exceeds $10,000 and the participant intends to perform the construction work himself or herself and employ personnel for the specific purpose of assisting in the construction, the participant will acquire Forms NRCS-ADS-818 and NRCS-ADS-819. The participant agrees to sign Form NRCS-ADS-818 and furnish copies to the Contracting Officer. 17 MODIFICATION/E)(TENSION/CORRECTION A Any changes to this agreement must be made in writing and signed by the parties. B The parties may modify the terms of this agreement by mutual agreement. C NRCS reserves the right to unilaterally correct all errors in entering data or in the results of computations set forth in the agreement. 1S EXAMINATION OF RECORDS Participant(s) agree to give the NRCS 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. Participant(s) agree to 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. 19 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OThIER RESPONSIBILITY MATTERS -COVERED TRANSACTIONS (7 CFR 3017) A The participant certifies to the best of the participant's knowledge and belief, that the participant and the participant's principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within the three-year period preceding this agreement had a criminal conviction or civil judgment rendered against them for commission of fraud in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local government) contract, including violation of Federal or State antitrust statutes or commission of embezzlernent, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; CCC-7200-WHIP Appendix, 7/2003, Page 7 of 10 €~~~-`tY~pi®-~/879~ (E~,~,~~C~€Ida~;) c,nna rdo. os~°-oc,~ '/%'-00} See CCC-1200 for Privacy qci and Publlc Bw~den Statement !',re 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 listed in paragraph A(2) of this cer'ification; and (4) Have not within the three-year period preceding this agreement had one or rnore public contracts (Federal, State or local) terminated for cause or default. If the participant is unable to certify to any of the staternents in Section A, the pr,rticipanf Sir a.ii a`uaCi. ~~t ei:pidfld titan SG th15 agreernent. By signing this agreement, the participant is providing the certification, as appropriate, set forth below. If ii is later determined that the participant knowingly rendered a false certification, or otherwise violated the requirements of the Drug-Free Workplace Act, the NRCS may take action authorized under the Drug-Free Workplace Act, in addition to any other remedies available to the United States. 21 C~F~TIPI~ATI®N: (p.4h;TIDIPAiVT(S) ®Th1ER Tf~AN INDIVIDUALS) A The participant certifies that the participant will provide adrug-free workplace by: (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (2) Establishing an ongoing drug-free awareness program to inform employees about (a) The danger of drug abuse in the workplace; (b) The participant's policy of maintaining adrug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Making it a requirement that each employee to be engaged in the performance of the agreement be given a copy of the statement required by paragraph 21 A(1 (A) Notifying the employee in the statement required by paragraph 218,(1) that, as a condition of employment under the agreernent, the employee will- (a) Abide by the terms of the statement; and (b) Notify 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; CCC-1200-WHIP Appendix. 7/2003, Page 8 of 10 CC¢;~2~1~~~Ul7C-04~ (,'2y~;~craa:4r~t$ r3m9rti N~. os;s-oa~i; 7/2x303 See CCC-1200 for Privacy Ac[ and Puulic 6uvdsn Staio meni (5) Notifying fVRCS in writing, within fen calendar days afiter receiving notice under paragraph 21A(4)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every agreement officer or other designee on whose agreement 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 agreernerrt; (6) Tai(Inn one pf the fnllC~q'Ing KCt'.en S, ^rithin w calendar daya Oi ieceiviny flO tICB under paragraph 21A(4)(b), with respect to any employee who is so convicted-- (a) Taking appropriate personnel action, up to and including termination, consistent wifh the requirements of the Rehabilitation Act of 1973, as amended; or (b) 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; (7) Making a good faith effort to maintain adrug-free workplace through implementation of paragraphs 21A(1) through (6). D The participant may insert in the space provided below the site(s) for the performance of work done in connection with the specific agreement: Place of Performance (Street address, city, county, state, zip code) Check _ if there are workplaces on file that are not identified here. 22 CERTIFICATION: (FOR PARTICIPANT(S) WHO ARE INDIVIDUALS) A The participant certifies that, as a condition of the agreement, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the agreement; R If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any agreement activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to every agreement officer or other designee responsible for the agreement, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected agreement. CCC-1200-WHIP Appendix, 7/2003, Page 9 of 1® ' ' ~~C-92QD~J~9l',06-ti'Bo~ (C~~p:>-~6~~70~~~ oml~s rdo. ©~ar;-ae-, - ~/2IIE~'~ Sc2 CCC-'1200 for Privacy Ac[ and Public Burdcn Sia,amani C~etaft~~ia~aaa E~~~~s°r,~or~~,t L?~f~f~~?rls~0 U~~ 30~~) (I~[~~~~9~af~la oaf t:l~u~ie+b~e c-;rr~u~~,~f: ~~s°~cc`~,y,_ ~1®O4®®d? The pa.ricipant certifies, to the best of his or her knowledge and belief, That: (1) IVo Federal appropriated funds have been paid or will be paid, by or orl behah` of the participant, to any person for influencing or attempting to influence an officer or employee of an agency, a Mernber of Congress, an officer or employee of ~o~eras,, ur an errlpioyee or a fViember of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amenclment, 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 complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The participant shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients 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 31 U.S.C. Section 1352. 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. CCC-1200-WFIIP Appendix, 7/2003, Pzgc 10 or 1 0