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non -cash materials or services , or in -kind contributions . The 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 />