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HomeMy WebLinkAboutRES 235 Draft 01 2008-2010COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 235 Q9 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR SERVICES WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE ("NRCS"), FOR FEDERAL FUNDING FOR THE DESIGN OF THE KAiJMANA DRIVE FLOOD PROTECTION PHASE OF THE WAILUKU- ALENAIO WATERSHED. WHEREAS, the County of Hawaii and the Waiakea and Mauna Kea Soil and Water Conservation District ("SWCD") sponsor the Wailuku-Alenaio Watershed project, and the NRCS provides technical and financial assistance for said project; and WHEREAS, NRCS has authorization (Watershed Protection and Flood Prevention Act, Public Law 83-566, 68 Stat. 666, as amended) for the design of flood protection structures along Kaumana Drive; and WHEREAS, under the provisions of said Watershed Protection and Flood Prevention Act, the County of Hawaii, NRCS and the Waiakea and Mauna Kea SWCD's desire to develop flood protection structures along Kaumana Drive for the Wailuku-Alenaio Watershed; and WHEREAS, NRCS is proposing to provide $191,000.00 for the estimated cost of engineering surveys and design services for the Kaumana Drive Flood Protection Phase of the Wailuku-Alenaio Watershed; and WHEREAS, NRCS is proposing to enter into an Agreement for Services with the County of Hawaii, under which the County would not be required to provide any funding, but would administer the foregoing NRCS funding for design services, including the procurement of contractors and administration of the contracts, and provide NRCS with the resultant data, reports and work product; all with NRCS technical assistance; and WHEREAS, pursuant to Hawaii County Charter Section 13-21, County agencies, in performing their functions, shall cooperate with agencies of the United States government having similar functions; and WHEREAS, pursuant to Hawaii Revised Statutes ("HRS") Section 46-7, the Hawaii County Council may consent to agreements between the County and the Federal government respecting action to be taken pursuant to the powers granted to the County by law and to furnish, expend, and receive any funds or other assistance in connection with projects to be undertaken by the County; WHEREAS, pursuant to HRS Section 103D-102(b)(3), the proposed Agreement for Services with NRCS is exempt from Hawai i state procurement laws; ill ,.~~ .. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA W AI' I, in accordance with HRS Section 46-7, that the Mayor of the County of Hawai' i is authorized to execute, on behalf of the County, the Agreement for Services in substantially the form attached hereto as Exhibit "A" to enable the County to receive federal assistance in procuring design services for the Kaumana Drive Flood Protection phase of the Wailuku-Alenaio Watershed project, as set forth in said Agreement for Services. DATED: at Hila , Hawai'i, this 16th day af September, 2009. INT~. DCED BY: 0~ COUNCIL MEMBE COUNTY COUNCIL County of Hawai'i Hilo, Hawai'i AYES NOES ABS EX ENRIQUES X FORD X GREENWELL X HOFFMANN X IKEDA X NAEOLE X ONISHI X YAGONG X YOSHIMOTO X 9 0 0 0 ROLL CALL VOTE I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai'i on September 16, 2009 ATTEST: ~.L--~ Reference: C-521jWaived FC 235 U9 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. EXHIBIT "A" STATE Hawaii PROJECT Wailuku-Alenaio Watershed Proiect AGREEMENT NO. UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE AGREEMENT FOR SERVICES THIS AGREEMENT, made this day of , 2009, by and between the County of Hawaii, as Sponsor and Contracting Local Organization; hereinafter called COUNTY and the Natural Resources Conservation Service, United States Department of Agriculture, hereinafter called NRCS. WITNESSETH THAT: WHEREAS, NRCS has a planning authorization (Watershed Protection and Flood Prevention Act, Public Law 83-566, 68 Stat. 666, as amended) for the Watershed Plan- Environmental Assessment/Environment Impact Statement for the Wailuku-Alenaio Watershed Project. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the COUNTY and NRCS do hereby agree as follows: A. The following described engineering services are to be performed for the Wailuku- Alenaio Watershed Project, Kaumana Drive Flood Protection Diversion A, at an estimated cost of $191,000.00: Topographic survey, geotechnical investigations, design, and construction services for the Diversion taking overland flow to Kauluiki Stream at the western end of the Kaumana Drive project area. Post-design services will be subject to the bid, award and execution of a construction contract. B. The COUNTY will: Provide assurance that adequate real property rights and interests, water rights if applicable, permits, and licenses required by Federal, State and local law, ordinance or regulation, and related actions have been taken to obtain the legal right to perform the engineering services as described in Section A. NRCS' contribution shall not be increased by any amount attributable to the failure of the COUNTY to obtain, or their delay in obtaining such rights, permits and licenses. 2. Appoint a Contracting Officer and an authorized representative who shall have authority to act for the Contracting Officer, listing their duties, responsibilities, and authorities. Furnish such information in writing to NRCS. Page 2 of 6 Pages 3. Be responsible for all COUNTY administrative expenses necessary to arrange for and carry out the engineering services described in Section "A." 4. Comply with the applicable requirements in Attachment A to this Agreement. 5. Contract for the engineering services described in Section A of this Agreement, in accordance with applicable State of Hawaii requirements. 6. Secure written concurrence of NRCS before awarding or modifying the contract. Pay the contractor as provided in the contract. Submit, at least quarterly and no more frequently than monthly, billings for reimbursement to NRCS on Form SF- 270, Request for Advance or Reimbursement; except upon the completion and acceptance of the work, the final payment to the contractor will be made in accordance with the provisions of State of Hawaii procurement procedures, laws, and regulations. The SF-270 and supporting documentation shall be sent to NRCS at the following address: USDA, Natural Resources Conservation Service ATTN: Stephen Case 300 Ala Moana Blvd.. Room 4-118 P.O. Box 50004 Honolulu, Hawaii 96850 Include a Vendor Identification Number (VIN) on the second line of the remittance address on all SF-270 forms submitted for payment in order for NRCS to make payment by electronic funds transfer. 8. Prepare a design, construction specifications, and drawings in accordance with standard engineering principles and in compliance with programmatic requirements. The construction plans shall be reviewed and approved by the COUNTY prior to submittal to NRCS. The construction plans will be reviewed and approved by a Professional Engineer registered in the State of Hawaii prior to submittal to NRCS. 9. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the contract awarded under this Agreement. This includes, but is not limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project. NRCS shall not be required to increase its contribution by reason of or in connection with settlements of these actions. The COUNTY will advise, consult with, and obtain prior written concurrence of the NRCS on any such matters in which the NRCS could have a financial interest. 10. Secure written concurrence of NRCS before terminating the contractor's right to proceed under the contract and declaring the contractor in default, and take such actions when requested to do so by NRCS. Page 3 of 6 Pages 11. Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with the contract, or upon request of NRCS and to the extent permitted by law, assign and transfer to NRCS any or all claims, demands, and causes of action of every kind whatsoever which the COUNTY has against the contractor or his or her sureties. 12. Arrange for and have NRCS review the engineering services with the COUNTY to determine whether all work has been performed in accordance with contractual requirements and specifications. Secure written concurrence of NRCS before notifying the contractor of the acceptance of the job. 13. Upon completion and acceptance of the engineering services, when provided by the terms of the contract, obtain a written release from the contractor of all claims against the COUNTY arising by virtue of the contract, other than claims in stated amounts as may be specifically excepted by the contractor. 14. Retain all records dealing with the award and administration of the contract for 3 years from the date of the COUNTY's submission of the FINAL Request for Reimbursement or until final audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the end of the 3-year period, the records shall be kept until all issues are resolved, or the end of the regular 3-year period, whichever is later. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the U.S. Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions. 15. Provide NRCS with quarterly accrual information. An accrual is the value of the work you have performed or will perform in cooperation with the NRCS but for which you have not yet submitted an SF-270. Please submit the Accrual Information no later than 15 days prior to the end of the quarter (submit by March 15, June 15, September 15, and December 15). The U.S. Congress relies on audits of financial statements, including accrual information to determine future funding amounts for NRCS on-going and new programs. 16. The following individual is designated as the liaison between the COUNTY and NRCS. TECHNICAL Galen M. Kuba, P.E., Division Head Engineering Division Department of Public Works 101 Pauahi Street, Suite 7 Hilo. HI 96720-4224 Telephone: (808) 961-8422 FAX: (808) 961-8933 e-mail: pkuba(cilco.hawaii.hi.us Page 4 of 6 Pages C. NRCS will: Provide 100 percent of the cost of the engineering services described in Section "A." This cost to NRCS is estimated to be $191.000.00 Not be substantially involved with the technical or contractual administration of this Agreement. However, NRCS will provide advice and counsel as needed for design services contract. Provide the services of a Government Representative. 4. Make payment to the COUNTY covering NRCS' share of the cost upon receipt and approval of Form SF-270, Request for Advance or Reimbursement. The following individuals are designated as the liaison between the NRCS and the COUNTY. ADMINISTRATIVE TECHNICAL Stephen Case, Contract Specialist Michael T. Hayama, Design Engineer U.S. Department of Agriculture U.S. Department of Agriculture Natural Resources Conservation Service Natural Resources Conservation Service 300 Ala Moana Blvd., Rm 4-118 P.O. Box 50004 Honolulu, HI 96850 Telephone: (808) 541-2600 ext. 116 FAX: (808) 541-2613 e-mail: stephen.caseaC~.hi.usda.pov 300 Ala Moana Blvd., Rm 4-118 P.O. Box 50004 Honolulu, HI 96850 Telephone (808) 541-2600 ext. 123 FAX: (808) 541-1335 e-mail: michael.havama(a~hi.usda.gov D. It is mutually agreed that: This Agreement is effective the date it is fully executed by all parties to this Agreement. It shall become null and void 180 calendar days after the date NRCS has executed this Agreement if a contract has not been awarded. 2. NRCS may make adjustments in the estimated cost as set forth in Section C.1. for performing the engineering services. Such adjustments may increase or decrease the amount of estimated funds which are related to the differences between such estimated cost and the amount of the awarded contract or the changes, changed condition, quantity variations, or other actions taken under the provision of the contract. No adjustment shall change the cost-sharing assistance ratio to be provided by NRCS as set forth in Section C.1. nor reduce funds below the amount required to carry out NRCS' share of the contract. 3. The contract for performance of the engineering services described in Section A will not be awarded to the COUNTY, or engineers or firms in which any official of such organizations or any member of such official's immediate family has direct or indirect interest in the pecuniary profits or contract of such engineer or firm. 4. All drawings, charts, engineering notes and other data accumulated under this agreement or any resulting contract will be turned over to and become the Page 5 of 6 Pages property of NRCS, or such records will be made available for use by NRCS upon request. 5. In the event of default, any additional funds required to assure completion of the engineering services described in Section A will be provided in the same ratio as funds are contributed by the parties under the terms of this Agreement. Any excess costs including interest collected from the defaulting contractor will be prorated between the COUNTY and NRCS in the same ratio as funds are contributed under the terms of this Agreement. 6. Additional funds including interest required as a result of a decision of the Contracting Officer or a court judgment in favor of the contractor will be provided in the same ratio as funds are contributed under the terms of this Agreement. NRCS will not be obligated to contribute any funds under an Agreement or commitment made by the COUNTY without prior concurrence of NRCS. 7. NRCS may terminate this Agreement in whole or in part if it is determined by NRCS that the COUNTY has failed to comply with any of the conditions of this Agreement. NRCS shall promptly notify the COUNTY in writing of the determination and reasons for the termination, together with the effective dates. Payments made by or recoveries made by NRCS under this termination shall be in accordance with the legal rights and in part if it is determined by the COUNTY that any other party to this Agreement has failed to comply with any condition of this Agreement. 8. This Agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the COUNTY is needed to meet the provision of this Agreement. Further, NRCS may suspend this Agreement when it is evident that a termination is pending. 9. NRCS, at its sole discretion, may refuse to cost share should the COUNTY, in administering the contract, elect to proceed without obtaining concurrence as set out in Section B of this Agreement. 10. The furnishing of financial and other assistance by NRCS is contingent upon the continuing availability of appropriations by Congress from which payment may be made and shall not obligate NRCS if Congress fails to so appropriate. 11. This Agreement may be renegotiated, amended, extended, or modified by a written amendment as mutually agreed by all parties. 12. By signing this Agreement the COUNTY assures NRCS that the program or activities provided for under this Agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 13. Whenever this Agreement requires concurrence of NRCS, if NRCS has failed to concur or not concur within fourteen (14) calendar days after the request for NRCS for concurrence, it shall be deemed a concurrence. Page 6 of 6 Pages 14. The period of performance shall not exceed 24 months from the date that this Agreement is executed. Not later than the end date of this period of performance, the COUNTY shall complete work described in Section A. COUNTY OF HAWAII Approved as to Form: By: William P. Kenoi Signed: Mayor Deputy Corporation Counsel County of Hawaii Date: Date: Recommend Approval: By: Warren H.W. Lee, P.E., Director Department of Public Works County of Hawaii Date: UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Lawrence T. Yamamoto Director, Pacific Islands Area Date: ATTACHMENT A -SPECIAL PROVISIONS I. Drug-Free Workplace By signing this agreement, the COUNTY is providing the certification set out below. If it is later determined that the COUNTY knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, NRCS, 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 regulation (21 CFR 1308.11 through 1308.15); Conviction means a finding of (including a plea of nolo contendere) of imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a COUNTY 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 COUNTY's payroll. This definition does not include workers not on the payroll of the COUNTY (e.g., volunteers, even if used to meet a matching requirements; consultants or independent contractors not on the COUNTY's payroll; or employees of subrecipients or subcontractors in covered workplaces). Certification: A. The COUNTY certifies that it will or will continue to provide adrug-free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the COUNTY'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 COUNTY'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; 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 1. 4. Notifying the employee in the statement required by paragraph that, as a condition of employment under the agreement, 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 conviction; 5. Notifying NRCS in writing, within 10 calendar days after receiving notice under paragraph 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 grant 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 agreement; 6. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph 4(b), with respect to any employee who is so convicted-- (a) 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 (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 continue to maintain adrug-free workplace through implementation of paragraphs 1 through 6. 8. Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The COUNTY may provide a list of the site(s) for the performance of work done in connection with a specific project or other agreement. II. Certification Regarding Lobbying (7 CFR 3018) (Applicable if this agreement exceeds $100,000) -The COUNTY certifies to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the COUNTY, 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 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. B. 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. C. The COUNTY 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. III. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions, 17 CFR 3017) A. The COUNTY certifies to the best of its knowledge and belief, that it and its 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 athree-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 a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. 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 A.2 of this certification; and 4. Have not within athree-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the primary COUNTY 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 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. 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 COUNTY signatory to this agreement certifies as follows: Any facility to be utilized in the performance of this proposed agreement is , is not ,listed on the Environmental Protection Agency List of Violating Facilities. 2. To promptly notify NRCS prior to the signing of this agreement by NRCS, 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. 3. To include substantially this certification, including this subparagraph (3), 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. 1857c-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 COUNTY signatory to this agreement agrees as follows: 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. 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. 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: The terms "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et. seq., as amended by Public Law 91-604). 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). 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 under section 112(d) of 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 discharger 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 to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (3 U.S.C. 1317). The term "compliance" means 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 agency in accordance with the Air Act or Water Act and regulations issued pursuant thereto. 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 COUNTY,, 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 Protection Agency, determines that independent facilities are collocated in one geographical area. V. Assurances and Compliance As a condition of the grant or cooperative agreement, the Cooperator 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, 3018, and 3052, 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 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. 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.