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non-cash materials or services, or in-kind contributions. I he value ot any in-Kind contribution shall e agreed to in writing <br /> 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 SOW. <br /> 2. Comply with the applicable version of the General Terms and Conditions. <br /> 3. Accomplish construction of the EWP program project measures by contracting, in-kind construction services, or a <br /> combination of both. <br /> 4. Provide NRCS with a Quality Assurance Plan that is to be reviewed/approved by NRCS representative prior to start of <br /> construction. <br /> 5. Ensure and certify by signing this agreement that its cost-share obligation is from a non-Federal source or an <br /> allowable federal source (i.e. certain Housing and Urban Development community block grants). <br /> 6. Acquire adequate real property rights (land and water) and acquire permits and licenses in accordance with local, <br /> State, and Federal law as necessary for the installation of EWP program project measures at no cost to NRCS prior to <br /> construction. This includes any rights associated with required environmental mitigation. Costs related to land rights and <br /> 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 are amounts 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, nor will such costs qualify as Sponsor cost- <br /> share. <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 and the NRCS-approved plans and <br /> specifications. <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 FA and one for <br /> TA, requiring this separation. Separate itemization of FA and TA costs are required on form "Request for Advance or <br /> Reimbursement" (form SF-270). <br /> 11. Must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees <br /> engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a <br /> real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by <br /> the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of <br /> their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated <br /> herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An <br /> employee, officer, agent, and board member of the Sponsor may neither solicit nor accept gratuities, favors, or anything <br /> of monetary value from contractors. Reference 2 CFR § 200.318 regarding standards of conduct covering conflicts of <br /> interest and governing the performance of its employees engaged in the selection, award, and administration of <br /> contracts. <br /> 12. 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 by NRCS during 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 /> Page 4 of 10 <br />