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Hrogram/Technical Contact. Payments will be withheld until all required documentation is submitted and complete. <br /> 22. Ensure that information in the System for Award Management(SAM) is current and accurate until the final Federal <br /> Financial Report (form SF-425) under this award or final payment is received, whichever is later. Payments will not be <br /> processed during the time the SAM registration is expired. Processing will only occur when the SAM registration is <br /> active. <br /> 23. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the <br /> contract(s)awarded under this agreement. This includes, but is not limited to, disputes, claims, protests of award, source <br /> evaluation, and litigation that may result from the project. Such actions will be at the expense of the Sponsor, including <br /> any legal expenses. The Sponsor will advise, consult with, and obtain prior written occurrence of NRCS on any litigation <br /> matters in which NRCS could have a financial interest. <br /> 24. Must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages, claims, <br /> liabilities, and judgements arising from past, present, and future acts or omissions of the Sponsor in connection with its <br /> acquisition and management of the EWP program pursuant to this agreement. Further, the Sponsor agrees that NRCS <br /> will have no responsibility for acts and omissions of the Sponsor, its agents, successors, assigns, employees, <br /> contractors, or lessees in connection with the acquisition and management of the EWP program pursuant to this <br /> agreement that result in violation of any laws and regulations that are now or that may in the future become applicable. <br /> 25. Retain all records dealing with the award and administration of the contract(s)for three years from the date of the <br /> Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is <br /> longer. If any litigation is started before the expiration of the three-year period, records are to the retained until the <br /> litigation is resolved or the end of the three-year period, whichever is longer. Make such records available to the <br /> Comptroller General of the United States or his or her duly authorized representative and accredited representatives of <br /> the Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and <br /> transcriptions. <br /> 26. Submit reports to the ezFedGrants system or the Farm Production and Conservation (FPAC) Grants and <br /> Agreements Division via email to FPAC.BC.GAD@usda.gov as outlined in the applicable version of the General Terms <br /> and Conditions. <br /> FPAC Performance Reports: semi-annually <br /> FPAC Financial Reports (form SF-425): semi-annually <br /> NRCS RESPONSIBILITIES <br /> 1. For sites requiring contracted planning and engineering services, assist Sponsor in establishing design requirements <br /> and parameters. Determine eligible construction costs during the pre-design conference. <br /> 2. Designate a Government Representative to serve as liaison with the Sponsor, verify and document all work completed <br /> prior to payment requests, and identify that person's contact information with this fully signed and executed agreement. <br /> 3. For contracted planning and engineering services, review, comment, and concur in preliminary and final design <br /> reports, plans, construction specifications, Operation and Maintenance (O&M) Plan, Plan of Operations (if required), and <br /> Quality Assurance Plan (QAP). <br /> 4. Make periodic site visits during the installation of the EWP program project measures to review construction progress, <br /> document conformance to engineering plans and specifications, and provide any necessary clarification on the <br /> Sponsor's responsibilities. <br /> 5. Upon notification of the completion of the EWP program project measures, NRCS shall promptly review the <br /> performance of the Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have <br /> been met. <br /> 6. Make payment to the Sponsor covering the NRCS share of the cost upon receipt and approval of form SF-270 and <br /> supporting documentation including NRCS Government Representative verification and documentation. In the event <br /> there are questions regarding the payment request package, NRCS will contact the Sponsor in a timely manner to <br /> resolve concerns. <br /> SPECIAL PROVISIONS <br /> 1. The furnishing of financial, administrative, and/or technical assistance above the original funding amount by NRCS is <br /> contingent on there being sufficient unobligated and uncommitted funding in the EWP program that is available for <br /> obligation in the year in which the assistance will be provided. NRCS may not make commitments in excess of funds <br /> Page 6 of 10 <br />