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HomeMy WebLinkAboutUmited States Department of Agriculture Augusta Richmond GA ( DOCUMENT NAME: Uvl;im S/-aks DtfH,+rnent Op A3ricul +UYG DOCUMENT TYPE: A 3 reernent YEAR: J C1 Cf <? F- BOX NUMBER: ) FILE NUMBER: I S '7 31 NUMBER OF PAGES: /2 . , . :. 'CP-02-\ "9.8 : 5' ?-O eROM U5DR/NRC5 GR ST OFF CE TO 87057225984 P.01 "J STATE: GEORGIA \ UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOu~CES CONSERVATION SERVICE PROJECT AGREEMENT THIS AG::ZEE.'1ENT, made chis .16 day of -,-----March' ,1998, by and between the State of Georgia/GEMA and The City of Augusta-Richmond County, called the Sponsors; and the ~atural Resources Conservat.;on S~L'vlce. United Scates Department of Agriculture, called NRCS. WITNESSETH THAT: WHEREAS, under the provisions of the Title IV of the Agricul tural Credit Act of 1978, Public Law 95-334, t_he Sponsors and NKC~ agree to a plan which provides for restoration of certain works listed below; Construction of Emergency Watershed Protection Measures (Seawall) :n Richmond County, Georgia, DSR Site 245-001. NOW THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsors and NRCS nn hereby agree as followo; A_ It is agreed that the above-described work is to be constructed at an estimated cost nf $1,476,000.00. B. The Sponsors will: 1. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaininq ;snp.quate land and water rights, permit~, and 11\...'l:I1ses needed for the work of improvement described in Section A. 2. Provide no leEE than 25 percent of the cv~L of constructing the works as described in Section A. Should the Sponsor's contribution not equal 25 percent, the remainder of the construction cost wil:. be provided by the ~tate of Geor9la [rom a fund established August 29, 1994 under a separate agreement with NRCS. The value of the Spon~lor's in-kind contribution consisting of waiver of tipping fees and aDDroximo.telv 3,000 CY of ~aI:-thfill as outlinea in the attached Fl~n of Oper~tions is $13,000.00. The cash contribution by the State of Georsia is estimated to be $356,000.00 for a total ectimo.tc~ contribution of $369,000.00. 3. Review and approve the plan for the work described in Scct.ion A.. 4. Provide certification (sign SCS-ADS-78) t~at real property r~ght3 have been obtdl~led for installation of planned ~easures. , . , '. ~::.6-02~15g~3 :5:::m F~M USDR/NRCS GR ST OFF CE TO 87067225g84 P.02 5. Upon acceptance or the work by NRCS from the contractor, assume responsibility for operation and maintenance. Such operation ~nd maintenance shall incluu~1 but not be limited to, insuring that adequate ground cover is maintained to eli~inate erosion. G. Comply with 1.-~4u..i..n~ments of Special tJrovisions included i~ A~tachment A of this agreement. 7. U~UH completion of emergency protection measures and the elimination of the threat, the Sponsors will take action, if needed, to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the sponsors will not be eligible for fut'~re funding under the emergency watershed protection program. B. Designate an individual to serve as liaison officer between the sponsors and the NRCS, listing his/her duties, responsibilities, and authorities. Within seven days of completion of each item in the plan of work, the liaison officer shall provide supporting documentation to NRCS for the actual cost of their in-kind contribution of the work described in A. C. NRCE: will: 1. Provide a maximum of 75 percent of the cost of r.r:rnstruct ing the works of improvement described in Section A. This cost is estimated to be $1,107,000.00. 2. Contract for the construction of the works of improvement described in Section A in accordance with Federal Acquisition Regulations. 3. Provide authorized technical services, including but not limited to nhr~;n;ng basic information; preparation of contr~ct3, drawings, and designs; contract administration; and quality assurance during installation. 4. .~rrange for and conduct final inspection of the completed works of improvement with the Sponsors to determine whether all work has been performed in accord~ce with the contractual requirements. Accept work from contractor; notify the Sponsors of acceptance; and turn over the accepted works to the Sponsors. 5. Upon completion of all work described in A" provide actual cost of conscurction to be used with the Sponsors actual cost of in- kind contributions to determine the amount to 1;1; (;uutributed by the State of Georgia to met the minimum 25 percent Sponsor contribution. NRCS wil:. bill the State of Georgia for the cash contribution when local spC)nsors contribution is ul;luw the minimum requiremen~ in B.l. D. It i9 mutually agreed that: . . ~ EB-02:'13S:3 15: 313 FF-'OM USDR/NRCS GP. ST CFF CE ro 871357225'384 P.133 1. No member of or celegate to Congress or Resident Commissioner shall ce adm1tted tc any share or part of this agreement or to any benefit that may arise t~erefrom; but this provision shall not be construed to extend to :his agreement if made with a corporation for its general benefit. 2. The furnishing of financial and other asistance by NRCS is con::~gent on the availability of funds appropriated by Congress :rom which payment may be made and shall not obligate NRCS upon =ail~re of the congress to appropriate funds. 3. ~RCS may terminate this aqreement in whole or in part when it is determined by ~~CS that the SpOnsors have failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsors in writi~g of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by NRCS under this termination shall be in accord 'Nith the legal rights and liabilities of NRCS and the Sponsors. 4. This agreement may be tf>mpnTriTily 8u!;lpended by NRCS if it determi::1es that corrective action by the Sponsors is needed to meet thl:= provisions of this agreement. Futher, NRCS may suspend tnis ~g:reement when it is evident that a termination is pending. 5. The program conducted will be in compliance with the non- discriminnation provisions as contained in Title VI and VII of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987 (Public Law 100-259) and other non-discrimination statute!;, namely Section so~ of the Rch~bilit~tion Act of 1973, Title IX of ~he Education Amendments of 1972, the Age Discrimination Act of :975, and in accordance with regulations of the Secretary of Agriculture (7 CFR 15, Subparts A &: B) which provide that no per~oL1 ~n the united States shall on grounds of race, color, national origin, age, sex, religion, marital status or handicap, be excluded from pcu:ticipation in or be denied the benefiL:;I v[, UL" be otherwise subjectE~d :0 discrimination under any program or activity receiving federal financial assistance from the Department of Agriculture or ~ny agency-thereof. 6. The procurement of materials necessary for accomplishing the works of inlpl:UV~llI~uL ue::>cribed in Section A. will not be made from the Sponsors or firms in which any official of such orgainzation or any member of such official's immediate family has direct or indirect financial i:-:teresc. 7. Adcitional funds, properly allocable as construction costs as deter~ined by NKC~, are to be provided in the same ratio and terms as construc:ion funds are contributed under the terms of this agreement. 8. Tt-is agreement is effective the date it 1S fully executed. ~EB-~2-1g98 :5:31 ,FROM USDR/NRCS GR =T OFF CE GEORGIA EMERGENCY MANAGEMENT AGENCY STATE OF GEORGIA U ~~~?n-- .:.ITLE.. iJATE: TO 87067225984 P.04 This action authorized at an official meeting of the Augusta/Richmond County Commission on the .3.- day ~,&;~ ' :998, at .eeu ~ ~~,e4>/~ S~_.:Jt nf~~p.or ia 'kid ~ i na ure CV~k' R:- aml11lss/~A (Title) BY:G Title: Date,_~eu4Bj 3f /'/1!' TIds documtnt approvtd as e;Jr\) ~~V;~ omey Ie UNITEC STATES DEPARTMENT OF AGRICULTURE NAt~ RESOURCES CONSERVATION SERVICE BY, f)?4;.b.u;p. 1-..Id;-./..l2il ,~ Ti le; State Conservationist / Date: March 16. 1998 FEB-02-15';;13 :5 :,31 FROM USDR/NRCS GR 5T OFF CE TO 87057225984 P.05 PLAN OF OPERATIONS IN-KIND SERVICES Thes.= in-kind services will be applied.: to the sponsors' share of the work to be ~erformed on DSR Site 245-001. The City of Auqusta/Rich:nond County has the followiT'1g i.tems or services: Furnish approximately 3,000 cubic Y<'lrn~ of earthfill at the Port @ $3.00 per cubic yard = $9,000.00. Waiver of Tipping fP-P-5; fnr approximately 80 tons of debriEl at the landfill @ $50.00 per ton = $4,000.00. Tota:_ in-kiT'1rl services $13,000.00. ~r-"l"'''''''l i'l nC" .. ' ~ , ATTACHMENT A - SPECIAL PROVISIONS 1. DRUG-FREE WORKPLACE CERTIFICATION II. CERTIFICATION REGARDING LOBBYING III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS IV. CLEAN AIR AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VI. EXAMINATION OF RECORDS \ - ATTACHMENT A - SPECIAL PROVISIONS The sign.atories agree to comply with the following special provisions which are hereby attached to this agreement. I. Druq-Free Workplace By signing this agreement, the sponsors are providing the certification set out below. If it is later determined that the sponsors knowingly rendered a false certification, or otherwise violated the requirements of the Drug-Free Workplace Act, the service, 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); Convic1:ion means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or state criminal drug statutes; Criminc:l druq statute a means a Federal or non-Federal criminal statute involving the manufacturing, distribution, dispensing, use, or possession of any controlled substance; Emplovee means the employee of a grantee 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 grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirements; consultants or independent contractors not on the grantees' payroll; or employee of subrecipients or subcontractors in covered workplaces). certif ica1:ion: A. The sponsors certify that it will or will continue to provide a drug-free workplace by: (a) 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; ", (b) Establishing an ongoing drug-free awareness program to inform employees about-- (1) The danger of drug abuse in the workplace; (2) The grantee's policy of maint~ining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Nc)tifying the employee in the statement required by paragraph (a) that" as a condition of employment under the grant, the employee will-- (1) Abide by the terms of the statement; and (2) Notifying 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; (e) Notifying the Service in writing, within ten calender days after receiving notice under paragraph (d) (2) 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 grant 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 grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d) (2), with respect to any employee who is so convicted-- (1) 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 (2) 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; (g) Ma}~ing a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f) . . I (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The sponsors may provide a list of' the site(s) for the performance of work done in connection with a specific project or other agreement. II. Cel:,tification Reqardinq Lobbvinq (7 CFR 3018) (Applicable if this aql:'eement exceeds $100,000) - The sponsors certify to the best of their knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on be!half of the sponsors, to any person for influencing or attempti.ng to influence an officer or employee of an agency, Member of Congress;, and officer or employer of Co~gress, or a Member of Congress in connection with the awarding of any Federal contract, the making of any Fede.ral 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. (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 sponsors 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. cElrtification Reqardinq Debarment. suspension. and Other Responsibilitv Matters - Primary Covered Transactions. 11 CFR 3 017 ) (1) The sponsors certify to the best of, its knowledge and belief, that it and its principals: (a) .~e not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any F,ederal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment ren~ered against them for commission of fraud or a criminal offense in connection with obtaininq, 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; (c) P.xe not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state or local) with comm.ission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal has one or more public transactions (Federal, state or local) terminated for cause or default. (2) Wher,e the primary sponsor is unable to certify to any of the statement:~ in this certification, such prospective participant shall attach an explanation to this agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 18~i7c-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 sponsoring organization(s) signatory to this agreement certifies as follows: ( a) Any facility to be utilized this proposed agreement is listed on the Environmental of Violating Facilities. in the performance of , is not 'Ii. Protection Agency List " . , .-, (b) ']~o promptly notify the state Administrative Officer prior to the signing of this agreement by SCS, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Age~cy, indicating that any facility which he proposes to use for the performance of the agreement is under c.:>nsideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), 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 sponsoring organization(s) signatory to this agreement agrees as follows: (1) 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 agrE!ement by SCS. (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 SCS unless and until the EPA eliminates the name of such facility or facilities from such listing. (3) 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. . "'" ,f"")l- (6) ~rhe 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 sponsor, 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 A.cti vi ties, Environmental Protection Agency, d.etermines that independent facilities are collocated in one geographical area. V. Assurances and Compliance As a condition of the grant or cooperative agreement, the recipient assures and certifies that it is in compliance with and will comply in the cour.se of the agreement with all applicable laws, regulations, Executivle Orders and other generally applicable requirements, includinq those set out in 7 CFR 3015, 3016, 3017, 3018 and 3051 which hereby are incorporated in this agreement by reference, and such other statutory provisions as are specifically set forth herein. VI. EX~lination of Records Give the Service or the Comptroller General, through any authorized represent:ative, access to and the right to examine all records, books, papers, or documents related to this agreement. Retain all records related t:o this agreement for a period of three years after completion of the tE!rms of this agreement in accordance with the applicable OMB Circular.